FTX Founder’s Lawyers Seek to Prevent Remote Testimony from Ukrainian Client
The lawyers representing Sam Bankman-Fried, the founder of FTX, are trying to block a Ukrainian client of the bankrupt crypto exchange from testifying remotely. They argue that such testimony would bring up irrelevant hardships and infringe on their client’s Sixth Amendment rights.
In a letter to the court on October 2, the defense lawyers stated that the Ukrainian witness’s testimony, based on the circumstances created by Russia’s invasion of Ukraine, would only aim to elicit sympathy and outrage from the jury.
Violation of Bankman-Fried’s Right to Confront Witnesses
The defense further contended that allowing the Ukrainian witness to testify would violate Bankman-Fried’s rights under the Confrontation Clause of the Sixth Amendment. This constitutional provision grants every defendant the right to confront their accusers directly in court. The defense argued that remote testimony would go against these protections because Ukraine lacks an extradition treaty with the US.
The prosecution had submitted a request for remote testimony by the Ukrainian witness, citing unique circumstances and difficulties related to international travel. The witness had suffered significant financial losses due to Russia’s invasion of Ukraine in 2022.
Prosecutors emphasized the importance of testimonies from witnesses in different locations to provide a comprehensive understanding of the extensive impact of FTX’s collapse.
According to a recent filing, the prosecution wants some everyday retail customers to testify in the SBF trial, presenting the company as a global exchange with aggrieved customers all over. One proposed witness is in Ukraine and may be allowed to appear remotely. pic.twitter.com/UwPMNHrQQW
— Jacob Silverman 🤌🪨 (@SilvermanJacob) October 2, 2023
The prosecution argued that testimony from various FTX customers in different locations and with diverse backgrounds and motivations is relevant to establishing the extensive reach of FTX and the impact of Bankman-Fried’s promotional efforts and public statements on the cryptocurrency community.
Hot Take: Defence Lawyers’ Opposition to Remote Testimony Raises Questions
The opposition by Sam Bankman-Fried’s lawyers to allowing remote testimony from a Ukrainian client of FTX raises questions about their strategy. While they argue that the testimony would elicit sympathy and violate their client’s rights, it also suggests a concern about the potential impact of the witness’s account. By seeking to prevent this testimony, the defense may be trying to control the narrative presented to the jury. However, this approach could backfire by appearing as an attempt to suppress relevant information. It remains to be seen how the court will decide on this matter and what implications it will have for Bankman-Fried’s case.
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