Last Updated on September 9, 2023 by Bitfinsider
Sam Bankman-Fried, the ex-founder of FTX, has lawyers, and they claimed in a late-Friday memo that the prosecution is overstating his actual access to defence materials.
According to a letter signed by defence attorney Mark Cohen, Bankman-Fried has not had nearly as much air-gapped computer access as the Department of Justice had promised. He also still lacks adequate internet access when brought to a cell block at the Southern District of New York courthouse.
Citing a violation of his Sixth Amendment rights, Bankman-Fried’s defence team has attempted to have him temporarily released or granted more computer access so that he can continue working on his case. The prosecution has insisted that since his bail was revoked last month for reasons related to public safety, he has had access to defence materials.
The DOJ issued a letter earlier this week stating that Bankman-Fried now had access to many hard drives containing defense-supplied documents, a laptop that was air-gapped every day of the week, and an internet-enabled laptop that defence attorneys had provided with a new battery.
Defence lawyers responded by claiming that the plan is not practical, which prompted Judge Lewis Kaplan to compel Bankman-Fried’s team to provide a detailed description of the precise errors they discovered.
These problems were explained in detail in the letter dated Friday. It stated that Bankman-Fried, who was brought to the courts on Wednesday and given access to a computer with internet capability, could only load one document because of slow internet rates.
The letter stated that “Effectively, Mr. Bankman-Fried had no access to the internet for the entire 5-hour period. There doesn’t seem to be a solution to fix the cellblock’s internet access issue, despite the government’s best attempts. This implies that prior to trial, Mr. Bankman-Fried will not be able to examine or search the documents in the AWS or discovery databases. With these kinds of restrictions, the defendant is unable to obtain trial preparation.”
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