Sam Bankman-Fried (SBF) attempted to subpoena documents from Fenwick & West. It is the law firm that personally acted as outside counsel for FTX, Alameda Research and SBF from “the beginning of their development” until the bankruptcy of FTX. Now the SBF’s legal team wants to use the documents to defend a 13-count criminal case against him.
According to a memorandum filed in the United States District Court for the Southern District of New York, Fenwick has said it cannot hand over the documents without the consent of the FTX debtors. The documents represent advice and other material produced by the Company.
The documents are already in the hands of the FTX debtors and the government. The memo states that FTX has waived all attorney-client privilege protection claims on the documents in at least one case. Added this:
“The FTX debtors have given the government full access to their documents, without the need to issue subpoenas, and have been so implicated in the government’s investigation that they should be considered part of a ‘prosecution team’ for purposes of the government’s discovery obligations.” . . .
The documents are grouped into 11 requests that cover “important subjects relevant to the preparedness of the defence”. concerning FTX, the establishment of FTX US and Alameda, the financial and legal relationship between those organizations, the establishment of North Dimension and North Wireless Dimension, the organization’s relationship with Silvergate Bank, the FTX data retention policy, liquidity and margin, registration as a Are included. Various types of statements made by money services company, and organizations.
RELATED: Judge approves wiretapping of SBF’s parents’ phones to meet bail conditions
The memo cites Rules 16 and 17, respectively, of the Federal Rules of Criminal Procedure, which deal with the disclosure of information used by the government in litigation and subpoenas, as well as the U.S. Supreme Court’s Brady decision on disclosure of evidence. Are.
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— Fenwick (@fenwickwest) May 30, 2023
SBF has pleaded not guilty to eight charges that could land him in prison for up to 115 years. Five charges were added to the original eight following his extradition from the Bahamas. He later sought dismissal of most of the charges.
Journal: SBF pleads not guilty, crypto-fires and runs bank on Silvergate: Hodler’s Digest, January 1-7
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