Lawyers representing former FTX CEO Sam Bankman-Fried have written another letter to the trial judge seeking changes to the jury instructions. In a letter to Judge Lewis Kaplan, defense lawyers asked the jury to consider the role of English law in governing FTX’s terms of service.
The motion calls on the 12 jurors in the case to consider that a trust, fiduciary or similar relationship must exist between FTX and its clients if misappropriation occurred. However, the company’s terms of service have clarified that there is no relationship between the parties.
Defense lawyer’s proposal read:
“Under English law, the Terms of Service do not create a relationship of trust or a similar fiduciary relationship between FTX and its customers. Under English law, any representations made by a customer after agreeing to the Terms of Service will not create a relationship of trust or a similar fiduciary relationship.” ”
They added that “no such relationship would be established if a person subjectively expected, understood or believed that a trust, fiduciary or similar relationship existed.”
The defense team cited several examples from other cases in the UK to argue for a not guilty verdict for their client.
related: Michael Lewis’ new book gives positive review to Sam Bankmanfried
Bankman-Fried’s attorneys made multiple requests to the judge throughout the case, including multiple requests for early bail before trial, citing a lack of adequate preparation. However, most requests are denied.
The former FTX CEO currently faces multiple charges of fraud and misappropriation of client funds to pay for personal expenses. Bankman-Fried denied misusing funds throughout the trial and claimed he did not defraud clients. Bankman-Fried has also been accused of witness tampering in the past.
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