Lawyers representing former FTX CEO Sam Bankman-Fried, also known as ‘SBF,’ have requested that the court seal documents related to his interviews with a New York Times reporter, in which he revealed details about his relationship with Caroline Ellison. The request was made in a filing on July 27 in the United States District Court for the Southern District of New York. Bankman-Fried’s legal team stated that they had provided the court and the Department of Justice with the documents, which were shown to the reporter and resulted in the publication of details from Ellison’s private journals.
The lawyers have asked Judge Lewis Kaplan to allow them to file the documents under seal, claiming the need to avoid their public dissemination. The court has yet to make a decision on the matter. Prosecutors in the case have argued for the revocation of SBF’s $250-million bail, alleging that he used his freedom to intimidate Ellison, his former romantic partner and colleague, who is expected to testify against him.
However, news outlet Inner City Press has opposed the request to seal the documents, arguing that any order to do so would be “internally inconsistent.” They pointed out that the defendant had already given the documents to one media outlet, making it akin to the evisceration of a Freedom of Information Act exemption by having the records already publicly available.
The New York Times story that relied on the documents revealed details from Ellison’s journals, including her feelings of being overwhelmed by her position at Alameda Research and her breakup with Bankman-Fried. It remains uncertain what other information, if any, about Bankman-Fried or Ellison might come to light if the judge denies the request to seal the documents.
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Bankman-Fried is currently under a temporary gag order that largely prohibits him from making any extrajudicial statements related to his criminal case until arguments on bail are determined. Prosecutors will present their arguments to Judge Kaplan on July 28, followed by Bankman-Fried’s legal team on August 3. The outcome of these arguments could result in Bankman-Fried being detained until his trial in October.
On July 27, prosecutors informed Judge Kaplan that they planned to drop the charge of campaign finance violations against Bankman-Fried due to the conditions of an extradition agreement with the Bahamas. However, the former FTX CEO still faces 12 criminal counts, which will be spread across two trials scheduled for October 2023 and March 2024.
The developments surrounding Bankman-Fried’s case have attracted considerable attention from the crypto community and the general public. The controversy surrounding his relationship with Ellison and the potential intimidation tactics have raised concerns about the conduct of high-profile figures in the cryptocurrency industry. The case has also brought to light issues of privacy and the publication of private documents.
As the legal proceedings continue, it remains to be seen how these developments will impact Bankman-Fried’s reputation and the future of FTX, the cryptocurrency exchange he co-founded. The outcome of the trials will likely have significant ramifications for both Bankman-Fried personally and the broader crypto industry as it grapples with issues of transparency, accountability, and the balance between personal privacy and public interest. The court’s decision on whether to seal the documents will be an important factor in determining the level of public scrutiny surrounding the case and the subsequent impact on the individuals involved.
