The criminal trial of former FTX CEO Sam Bankman-Fried (SBF) is currently underway in New York, and his legal team has filed motions aiming to ban testimony from users and investors in the exchange.
In separate Oct. 2 filings in United States District Court for the Southern District of New York, SBF’s lawyers opposed pre-trial motions from prosecutors requesting FTX customers and investors testify regarding how they believed the cryptocurrency exchange would handle assets. They also sought to block the testimony of a former FTX user — an unnamed Ukrainian national — using a “live two-way video” partly on Sixth Amendment grounds.
“Decisions on specific testimony from specific witnesses relating to their individual understanding of specific statements or aspects of their relationship with FTX or Mr. Bankman-Fried cannot be decided in the abstract,” said the filing on FTX user testimony.
According to SBF’s legal team, prosecutors were trying to “have it both ways” by blocking similar witnesses proposed by the defense as to what they understood about how FTX would handle their funds. Defense lawyers described the motion as “premature”, arguing the subject was a matter for the jury to evaluate.
“[T]he Government seemingly wants evidence regarding how customers (and other putative victims) understood the relationship they chose to enter with FTX to be admissible only if offered by the Government but excluded if offered by the defense.”
Lawyers also argued allowing the Ukrainian witness’ testimony “would apparently reference hardships and individual circumstances created by the Russian invasion of Ukraine” and “elicit the jury’s sympathy and outrage”. The Russian military invaded Ukraine in February 2022 and many areas of the country have faced the constant threat of attack since that time, making international travel difficult.
“Courts routinely exclude relevant evidence that might elicit sympathy among jurors unrelated to the facts of the case,” said the lawyers. “[T]he circumstances under which [the Ukrainian user] would testify and the reason for his absence from the courtroom would themselves be prejudicial […] Jurors would inevitably speculate about why a Ukrainian national (and no other witness) is testifying by video, and the most obvious answers would almost certainly provoke ‘sympathies having no bearing on the merits of the case.’”
The motions were filed hours before jury selection for Bankman-Fried’s criminal trial was scheduled to begin in New York City. At the time of publication, Judge Lewis Kaplan was questioning potential jurors on any conflicts they may have which prevent them from serving in the trial, expected to last through November.
Since Kaplan revoked Bankman-Fried’s bail in August, the former FTX CEO has been largely confined to jail despite several unsuccessful attempts by his lawyers for temporary release. He will face two criminal trials in October 2023 and March 2024, for which he has pleaded not guilty to all 12 criminal charges related to alleged fraud at FTX and Alameda Research.
Canterbury MP Rosie Duffield has resigned from the Labour Party.
The 53-year-old MP is the first to jump ship since the general election and in her resignation letter criticised the prime minister for accepting thousands of pounds worth of gifts.
She told Sir Keir Starmer the reason for leaving now is “the programme of policies you seem determined to stick to”, despite their unpopularity with the electorate and MPs.
In her letter she accused the prime minister and his top team of “sleaze, nepotism and apparent avarice” which are “off the scale”.
“I’m so ashamed of what you and your inner circle have done to tarnish and humiliate our once proud party,” she said.
Since December 2019, the prime minister received £107,145 in gifts, benefits, and hospitality – a specific category in parliament’s register of MPs’ interests.
More from Politics
Ms Duffield, who has previously clashed with the prime minister on gender issues, attacked the government for pursuing “cruel and unnecessary” policies as she resigned the Labour whip.
She criticised the decision to keep the two-child benefit cap and means-test the winter fuel payment, and accused the prime minister of “hypocrisy” over his acceptance of free gifts from donors.
“Since the change of government in July, the revelations of hypocrisy have been staggering and increasingly outrageous,” she said.
“I cannot put into words how angry I and my colleagues are at your total lack of understanding about how you have made us all appear.”
Ms Duffield also mentioned the recent “treatment of Diane Abbott”, who said she thought she had been barred from standing by Labour ahead of the general election, before Sir Keir said she would be allowed to defend her Hackney North and Stoke Newington seat for the party.
Her relationship with the Labour leadership has long been strained and her decision to quit the party comes after seven other Labour MPs were suspended for rebelling by voting for a motion calling for the two-child benefit cap to be abolished.
“Someone with far-above-average wealth choosing to keep the Conservatives’ two-child limit to benefit payments which entrenches children in poverty, while inexplicably accepting expensive personal gifts of designer suits and glasses costing more than most of those people can grasp – this is entirely undeserving of holding the title of Labour prime minister,” she said.
Ms Duffield said she will continue to represent her constituents as an independent MP, “guided by my core Labour values”.