Sam Bankman-Fried withdrew his pro se Rule 33 motion for a new trial this week, preserving the right to refile after his pending appeal is resolved.
Key Takeaways:
Sam Bankman-Fried (SBF) withdrew his Rule 33 new trial motion on April 22, 2026, without prejudice, preserving the right to refile after his Second Circuit appeal concludes. Viral social media posts estimating FTX’s unliquidated portfolio would be worth $114 billion today, led by a 165x gain on Anthropic. SBF’s appeal and reassignment request before Judge Kaplan remain active, leaving the legal outcome of the FTX case unresolved through at least 2026. SBF Withdraws Rule 33 Motion in SDNY, Preserves Right to Refile After AppealThe motion was filed without prejudice, meaning Bankman-Fried can refile once the U.S. Court of Appeals for the Second Circuit rules on his direct appeal of the conviction and sentence, and after a related request to have the case reassigned to a different judge is decided.
In a letter dated April 13, 2026, and filed from FCI Lompoc in California, Bankman-Fried addressed Judge Kaplan’s March 23 order requiring clarification on who helped draft the motion. He described himself as the “ultimate author,” stating he conceived the arguments, drafted multiple versions, and conducted most of the legal research using a word processor at MDC Brooklyn. He said his parents, both attorneys, offered editorial and organizational suggestions, and that a New York attorney he briefly retained had no significant input. He stated he did not consult his appellate counsel.
The post’s framing captured a tension that has followed Bankman-Fried’s case since the collapse: the same entity that defrauded customers was also an early backer of some of the highest-performing assets of the current cycle.
