The US Department of Justice has expressed concerns regarding the proposed jury questions put forth by Sam Bankman-Fried, the co-founder of FTX. Prosecutors argue that these questions could be unnecessarily intrusive and may be intended to support his defense. The concerns were voiced in a letter addressed to Judge Lewis Kaplan of the Southern District of New York.
In the letter, prosecutors specifically highlight their unease with queries that delve into potential jurors’ opinions regarding FTX, the cryptocurrency exchange that collapsed under allegations of fraud in November of last year. They argue that these questions go beyond the purpose of voir dire, which is to gather information about potential biases that might prevent jurors from being impartial.
Furthermore, prosecutors argue that questions related to effective altruism, Bankman-Fried’s claimed philosophical base, are not only unnecessary but an attempt to shape a defense narrative. The defense suggests that Bankman-Fried’s accumulation of wealth is intended to improve the world. Prosecutors also believe that questions about Bankman-Fried’s ADHD and related medication are irrelevant and potentially prejudicial, as no notice of a mental disease or condition defense had been provided within the court’s imposed deadline.
Prosecutors have also requested specific technological arrangements for the trial, including a high-speed ethernet connection, a printer for government use, and headphones for the jury. These provisions, according to their letter to Judge Kaplan, aim to facilitate the effective and efficient presentation of evidence during the proceedings.
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Both Bankman-Fried and the DOJ submitted voir dire questions last week. These questions were intended to identify if any of the potential jurors are familiar with the case, specifically with crypto or effective altruism. One of the suggested questions asked if jurors believed that only the owners of a failing company in the cryptocurrency or financial industry should be blamed. The proposed questionnaire also included inquiries about jurors’ knowledge of FTX and Bankman-Fried, their experience with crypto trading, their opinions on amassing wealth to improve the world and help others, and whether they have any experience with attention deficit hyperactivity disorder (ADHD).
The trial against Bankman-Fried is scheduled to begin on October 3, and Judge Lewis A. Kaplan will oversee the jury selection process. Earlier this month, Bankman-Fried’s legal team requested his pre-trial release due to poor internet access in the federal jail, which has hindered his ability to properly prepare for the trial.
In their request, Bankman-Fried’s lawyers stated, “Despite the government’s efforts, there does not appear to be a way to solve the internet access problem in the cellblock. The defendant cannot prepare for trial with these kinds of limitations.”
As the trial approaches, it remains to be seen how the court will address the concerns raised by the Department of Justice regarding the proposed jury questions and the technological arrangements requested by the prosecution. The outcome of the trial will have significant implications for the cryptocurrency industry and may shape future legal precedents in this rapidly evolving field.
