Sam Bankman-Fried withdraws new trial motion for now, says he won’t get ‘fair hearing’ from judge

Former FTX CEO Sam Bankman-Fried withdrew his motion for a new trial for now in a letter to New York Judge Lewis Kaplan, adding that he didn’t think he would get a “fair hearing” from the judge.

In a letter filed on Wednesday in the U.S. District Court for the Southern District of New York, the former business mogul said he had been focused on responding to Kaplan’s previous questions, including whether his attorney wrote his Rule 33 motion — a request for a new trial.

“As I have had to focus on responding to these questions rather than drafting a response to the prosecution’s opposition, and because I do not believe I will get a fair hearing on this topic in front of you, I am now requesting to withdraw the Rule 33 motion, without prejudice to renewing it after my direct appeal and the related request for reassignment have been ruled upon,” Bankman-Fried said.

In March, Bankman-Fried’s mother, Barbara Fried, filed the motion for a “pro se motion for a new trial” on behalf of her son. Bankman-Fried previously filed an appeal in November, asking for a new trial, but that has not been acted on.

Bankman-Fried was found guilty in November 2023 by a jury in New York of all seven criminal counts of defrauding the customers, lenders, and investors of FTX. Prosecutors say Bankman-Fried orchestrated “likely the largest fraud in the last decade,” making comparisons to Ponzi scheme mastermind Bernie Madoff. Hedge fund Alameda Research was instrumental to FTX, both of which were founded by Bankman-Fried. He was later sentenced to 25 years in prison.

During his trial, Judge Kaplan seemed unconvinced by Bankman-Fried’s lawyers in some arguments, such as the former exec’s intention to shift part of the blame onto FTX attorneys.

Bankman-Fried has sought a pardon from President Donald Trump, though the president said in January he has no plans to do so.

On Wednesday, Bankman-Fried said he “conceived” of the Rule 33 Motion, drafted versions, and did much of the legal research while in prison in Brooklyn. He said he did not consult his lawyer on it, but shared drafts with his parents.

“They made editorial and organizational suggestions, some of which I incorporated into the motion,” Bankman-Fried said. “They also helped print it, as I no longer had access to a word processor. I also shared earlier drafts with a New York attorney who was originally hired to represent me on the Rule 33 Motion before I decided to represent myself; they had no significant input into the ultimate motion.”