With just over a month until the trial of Sam Bankman-Fried is set to begin, the judge overseeing the case seems to be losing patience with the FTX founder's defense team. In a hearing on Wednesday, he rebuked Bankman-Fried's attorneys, arguing that their concerns over mounting evidence productions from prosecutors were "seriously exaggerated."
Negotiations between the two sides have been escalating since mid-August, when Judge Lewis Kaplan of the Southern District of New York revoked Bankman-Fried's bail, sending the defendant to the Metropolitan Detention Center in Brooklyn.
Since then, his lawyers have argued that Bankman-Fried hasn't had adequate access to the internet or to the millions of pages of evidence produced by prosecutors, meaning he hasn't been properly able to prepare for his defense. They have pushed for various solutions, including access to a laptop and Bankman-Fried's temporary release, arguing that he's had to endure spotty internet service and use laptops without enough battery life. His lawyers have also argued that any evidence surfaced by prosecutors in recent weeks should not be allowed at the trial in October.
Kaplan's frustration is not new, perhaps peaking in August, when the defendant leaked excerpts of the private diary of former FTX executive, star witness, and SBF's one-time girlfriend Caroline Ellison to the New York Times. As Kaplan has noted in hearings, Bankman-Fried received exceptional treatment prior to the revocation of his bail, when he lived with his parents in their Palo Alto home.
During Wednesday's hearing, Kaplan rejected Bankman-Fried's lawyers' request that any evidence produced in recent weeks be excluded because they didn't have time to review it. He pointed out that Bankman-Fried had "unfettered access" from his parents' home until he was detained on Aug. 11. Prosecutors also noted how Bankman-Fried's legal team, including staffers, is nearly a dozen strong.
"There's no evidence at all that the government didn't act in good faith," Kaplan said.
If Bankman-Fried still has concerns about the upcoming trial date—both sides agreed to Oct. 3—Kaplan strongly urged defense counsel to file a request by the end of this week. The deadline to request a jury for the trial is Sept. 7, so it would be a waste of resources to ask for a postponement later, although the judge wouldn't rule that out. He also made clear that even if a postponement is requested, it wouldn't necessarily be approved, with Bankman-Fried's lawyers needing to demonstrate a legitimate need for more time beyond just reviewing the latest documents.
"There's got to be more meat on those bones," he said.
The prosecution and defense team will have to continue working out the conditions of Bankman-Fried's detention, including his access to his lawyers and the internet, with his team continuing to call for a temporary release. Calling for both sides to produce an extensive report by Tuesday, Kaplan ended the hearing with a wink.
"I would wish you all a good weekend," he said, "but that would be rubbing salt on an open wound."
