Legal professionals representing Sam Bankman-Fried have rejected a request from prosecutors to let a Ukrainian shopper of FTX testify through video hyperlink in a trial set to begin immediately, on Oct. 3.
On Sep. 30, prosecutors filed an attraction with Choose Lewis A. Kaplan, in search of to overturn the opposition and allow two-way video conferencing for testimony, given that almost all of FTX’s prospects and victims are positioned outdoors the U.S.
One shopper from Ukraine, referred to as “FTX Buyer-1,” is unable to journey because of the nation’s wartime legal guidelines. Prosecutors argue that even when the shopper had been permitted to journey, the journey to the US can be perilous and time-consuming, taking at the very least three days every method by means of a war-ravaged nation.
Bankman-Fried’s attorneys are cautious of the potential impression of the testimony on the jury, given the continuing Russian invasion of Ukraine.
They argue that the emotional elements of the testimony may unfairly sway the jury and may, subsequently, be excluded from the trial.
The authorized workforce for Bankman-Fried is putting vital emphasis on the Sixth Modification’s Confrontation Clause, which affords defendants the correct to face their accusers in court docket.
Though there are particular circumstances the place video testimony is permitted, the attorneys contend that the present circumstances don’t qualify as “distinctive,” and subsequently, distant testimony shouldn’t be allowed.
As the beginning of the trial looms, the court docket’s ruling on this subject might be essential. If the decide denies the request for video testimony, it may function a tactical benefit for Bankman-Fried’s protection. On the flip facet, if the request for distant testimony is granted, it may inject a powerful emotional part into the trial.
Following the downfall of his firm final yr, Sam Bankman-Fried is dealing with a complete of seven prison allegations, which embody costs of conspiracy to commit securities fraud and cash laundering, amongst others.