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Judge Denies SBF's Last-Minute Delay Request Before Sentencing Interview

By Barry Stidham
Dec 21, 2023
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Judge Lewis Kaplan denied former FTX CEO Sam Bankman-Fried's request to postpone his sentencing hearing by four to six weeks. This denial affects the schedule for a trial interview initially set for December 21 and a sentencing hearing planned for March 28, 2024. Bankman-Fried's legal team, led by Mark Cohen of Cohen & Gresser, submitted the request to the U.S. District Court in Southern New York on December 20, citing the need for additional preparation time for the interview.

Furthermore, reports from the tribunal investigation are due to be revealed on January 5 and February 2, 2024. However, the government has not yet decided on conducting a second trial regarding Bankman-Fried's more severe charges, which he contests. These charges were not part of the original indictment leading to his extradition from the Bahamas. Cohen indicated that if a trial on these additional charges occurs on March 11, 2024, it would necessitate a separate pre-sentencing investigation report and hearing. He suggested that, for efficiency and fairness, the court should consolidate all relevant conduct into a single sentencing hearing. Cohen also noted that this was Bankman-Fried's first request for a hearing delay and mentioned ongoing discussions with the government, though no agreement had been reached.

Judge Kaplan, however, decided against any adjustments to the current timeline. He pointed out that the defense had not objected to the sentencing date when it was established. Kaplan also emphasized that Bankman-Fried had already benefited from a sentencing extension request. The judge stated that a new request for postponement could be filed if the government decides to pursue a trial on the additional charges.

On November 7, Bankman-Fried was convicted on multiple counts, including two counts each of wire fraud and conspiracy to commit wire fraud, as well as one count each of securities fraud, conspiracy to commit commodities fraud, and conspiracy to commit money laundering. Despite the jury's verdict, Bankman-Fried pleaded not guilty to all charges and continues to maintain his innocence.

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