1. Home
  2. Lewis Kaplan

Lewis Kaplan

5 highlights of Sam Bankman-Fried’s first day of trial

Potential jurors shared their mostly negative interactions with crypto investing, while a slim-figured former FTX CEO sat flanked by attorneys, noticeably void of his signature curly locks.

The high-profile trial of former FTX CEO Sam “SBF” Bankman-Fried kicked off on Oct. 3 with plenty of activity both inside and outside of the cramped Manhattan courtroom.

Journalists, crypto influencers and other gawkers reportedly gathered in a media overflow room to take notes on the day’s events. Here are some of the most colorful observations about the day.

Noticeably leaner, signature haircut gone

The defendant, Bankman-Fried, appeared noticeably leaner, according to multiple reports.

Flanked by five defense lawyers, he was dressed in a navy suit that seemed bigger on him in previous appearances, and his signature unkempt curly locks were subbed for a shorter hairstyle.

Unchained Crypto’s Laura Shin noted that Bankman-Fried was noticeably “less jittery than normal.”

“I did not see him shake his leg at all,” she said in an Oct. 3 podcast.

The only time he spoke was to say “yes” to the judge and occasionally look at the jurors. Other times, he conferred with his lawyers or was seen typing and scrolling on his air-gapped laptop.

SBF has spent the past seven weeks or so locked up at Brooklyn’s Metropolitan Detention Center. When his lawyers unsuccessfully argued for his release, they claimed that he was subsisting on “bread and water” and lacking vegan meal options.

Crypto influencer Tiffany Fong said, “He kind of looks more criminal now.”

Journalists, influencers and skeptics come to “crypto prom”

The first day of the trial was described as feeling like “the first day of school,” according to some journalists in attendance.

“I’ve never seen the courthouse like this,” remarked an unnamed member of the press, according to The Slate.

“While waiting to access the media overflow room, I spotted practically anyone and everyone who’s had something to say about decentralized currency over the last few years,” said The Slates’ Nitish Pahwa.

He described it as a “crypto prom” crammed with a hodgepodge of paid media participants, crypto influencers, obsessives, skeptics, and more.

Cointelegraph reporter Ana Paula Pereira is also in attendance and will give daily updates on the most significant developments throughout the trial.

Jurors get whittled down and some share sad crypto stories

Judge Lewis B. Kaplan told the burgeoning crowd of potential jurors “You are to do no research. You are not to read press coverage,” however, he lightened up when it came to questioning the crowd, reported Cointelegraph.

Potential jurors were asked if they had prior knowledge about FTX and Alameda, with one saying they learned about it from The Joe Rogan Experience podcast, according to a partial transcript from Inner City Press.

One juror said they worked with a company that invested in (and lost money on) FTX and Alameda. Another potential juror said:

“I invested in crypto. I lost money.”

One juror shared he wasn’t sure if he could be unbiased with crypto: “I've felt negatively about it since I learned about it.” He was later dismissed from the pool of potential jurors.

Another juror even asked the judge whether a death sentence could be imposed for Bankman-Fried, to which the judge answered:

“We'll get to it in a minute or two and my answer will have to suffice. Anyone unwilling to accept that punishment is up to the court? No one.”

At the end of the session, Judge Kaplan said “We now have a sufficient group of qualified jurors, 50.” He added that 18 will be selected in total comprising 12 jurors and 6 alternates.

He added that on the next day (Oct. 4) a microphone will be passed around for each juror to speak for a minute. “Then the lawyers will confer and the final selection will be made,” he concluded.

Witnesses for the prosecution

An assistant U.S. attorney read out a list of potential witnesses for the prosecution. This included some expected names such as former company executives like Caroline Ellison, Gary Wang, Nishad Singh, Ryne Miller, Constance Wang, family members Joe Bankman and Barbara Fried and even Anthony Scaramucci.

Several institutions were also listed including Jane Street Capital, Sequoia Capital, BlockFi, Genesis, the Ontario Teachers’ Pension Plan, Binance, Nexo, Guarding Against Pandemics (the nonprofit of SBF’s brother), and Voyager Digital.

Six-week trial expected

Judge Kaplan said that the trial was expected to take about six weeks, but he also noted that could be over in a much shorter time.

Related: What has Sam Bankman-Fried been up to in jail?

However, by the end of the day, he had not succeeded in finalizing the jury. Kaplan predicted that this would be completed by the morning of Oct. 4, after which both sides are expected to give opening arguments totaling around 90 minutes.

Magazine: Can you trust crypto exchanges after the collapse of FTX?

SEC may let Ethereum spot ETFs happen, but not with staked ETH: Galaxy Digital Head of Research

FTX’s Bankman-Fried could ‘conceivably’ get bail revoked, says judge

A federal judge said there was "probable cause" to believe that SBF engaged in activities that could land him in jail.

Former FTX CEO Sam Bankman-Fried could “conceivably” have his bail revoked after a federal judge said there was “probable cause” to believe he may have engaged in attempted witness tampering. 

In the Feb. 16 hearing on Bankman-Fried’s bail conditions, Judge Lewis Kaplan said there was “probable cause to believe that he [Bankman-Fried] has committed or attempted to commit a federal felony while on release, namely witness tampering” according to multiple reports.

Kaplan suggested that this could “conceivably” see the FTX founder sent back to jail until his trial date in October.

Kaplan noted however that the Feb. 16 hearing was not a bail revocation hearing, but added that it “could get there, conceivably.”

"Why am I being asked to turn him loose in this garden of electronic devices?” Kaplan reportedly said.

Law Professor Richard Painter echoed the sentiment in a Feb. 17 tweet, suggesting that witness tampering might not be a good idea given his current circumstances:

“Hey Crypto Bro: Witness tampering while out on bail is a great way to go right back to jail.”

On Feb. 15, prosecutors asked Judge Kaplan to further restrict Bankman-Fried’s device usage to a single monitored computer and cellphone in a letter.

Prosecutors had pointed to Bankman-Fried’s recent device usage as cause for concern, seeking to further restrict and monitor his usage “with limited exceptions.”

During the hearing, Judge Kaplan suggested that it was naive to believe that these restrictions would stop him from using the internet, given that Bankman-Fried is living with his two parents, who both have laptops and cellphones.

Prosecutor Nicholas Roos seemingly agreed, suggesting there may not be a “great solution,” which prompted Kaplan to imply that revoking Bankman-Fried’s bail could eliminate these risks, noting:

“There is a solution, but it’s not one anybody has proposed yet.”

Bankman-Fried’s lawyers however argued that they need him to be able to work on his defense, claiming: “We cannot go through these extensive financial records without him.”

Related: Judge allows release of identities of guarantors behind Sam Bankman-Fried’s bail

The former FTX CEO has been prohibited from using certain messaging apps as of Feb. 9 after he was found to have contacted potential witnesses. He was also temporarily banned from using a VPN after prosecutors accused him of using it on two occasions on Jan. 29 and Feb. 12.

The VPN ban was not extended in the Feb. 16 hearing.

Many from the crypto community have expressed disbelief that Bankman-Fried is yet to have his bail revoked under the circumstances.

SEC may let Ethereum spot ETFs happen, but not with staked ETH: Galaxy Digital Head of Research

Ex-Stanford dean says SBF’s parents helped his family battle cancer

One of the previously undisclosed guarantors of Sam Bankman-Fried’s bond told Cointelegraph why he helped out the former FTX CEO.

A former dean of Stanford Law School who co-signed Sam Bankman-Fried’s bail said he did so because SBF’s parents have been “the truest of friends” and helped his family through a “harrowing battle with cancer.”

In an emailed statement to Cointelegraph on Feb. 16, Larry Kramer said he co-signed Bankman-Fried’s bail as a way to return the favor.

“Joe Bankman and Barbara Fried have been close friends of my wife and I since the mid-1990s,” said Kramer.

Screenshot of Larry Kramer bio on Hewlett Foundation website. Source: Hewlett Foundation

He said that over the past two years, Bankman and Fried provided food and moral support while “frequently stepping in at moment’s notice to help” during his family’s battle with cancer.

“In turn, we have sought to support them as they face their own crisis,” he added.

Kramer emphasized that he had not been influenced to act as guarantor by any payments made to him by any FTX-related entity, writing:

“My actions are in my personal capacity, and I have no business dealings or interest in this matter other than to help our loyal and steadfast friends.”

Previous statements by Bankman-Fried reportedly corroborate this claim, with the former FTX CEO said to have denied that either of the two previously undisclosed guarantors had received any payments from FTX or sister-firm Alameda Research.

Kramer refrained from commenting on the legal predicament faced by Bankman-Fried, noting that this “is what the trial will be for.”

The other guarantor is Andreas Paepcke, a senior research scientist at Stanford University. He did not respond to questions by the time of publication.

The crypto community has been searching the web looking for more details on Paepcke, but there appears to be little information connecting him to Bankman-Fried outside of their association at Stanford University, where Bankman and Fried used to be law professors.

United States District Judge Lewis Kaplan had allowed the identities of the two former law professors to be made public on Feb. 15, after being petitioned by eight major media outlets in a Jan. 12 letter.

Related: Charity tied to former FTX exec made $150M from insider deal on FTT tokens: Report

Bankman-Fried’s lawyers had sought to keep the two anonymous, arguing that the pair could be subject to intrusions, threats and harassment if their names were made public.

Kaplan disagreed, however, noting that the pair had voluntarily signed individual bonds in a “highly publicized criminal proceeding,” and had therefore opened themselves up to public scrutiny.

SEC may let Ethereum spot ETFs happen, but not with staked ETH: Galaxy Digital Head of Research

Sam Bankman-Fried may no longer be allowed to play League of Legends

Sam Bankman-Fried is, for the most part, still able to freely access the internet through various devices. Prosecutors want to change that.

Sam Bankman-Fried, the former CEO of crypto exchange FTX, may no longer be able to play League of Legends and other video games if newly proposed changes to his bail conditions from United States prosecutors are approved.

In a Feb. 15 letter to United States District Judge Lewis Kaplan, U.S. Attorney Damian Williams asked the court to further expand restrictions surrounding Bankman-Fried’s electronic device usage.

They pointed to Bankman-Fried’s recent device usage as cause for concern, and agreed with the court’s intuition that it was “shortsighted” to focus only on restricting the use of apps, adding:

“There is now a record before the Court of a defendant who appears motivated to circumvent monitoring and find loopholes in existing bail conditions. The appropriate course, therefore, is broader restrictions on the defendant’s cellphone, tablet, computer, and internet usage, with limited exceptions.”

The prosecutors propose that Bankman-Fried should be prohibited from using cellphones, tablets, computers, or the internet, except for very limited uses such as reviewing pre-trial evidence, communicating with lawyers and accessing emails.

He would be restricted to using a single computer and cell phone, which in addition to his Gmail account would be monitored using a “pen register” — a device or process that essentially produces a list of phone numbers of internet addresses contacted from a specific source.

Bankman-Fried is understood to be an avid gamer, having reportedly played online video games such as League of Legends during fundraising rounds while at FTX. 

Bankman-Fried also mentioned during an interview with New York Times on Nov. 13 that he likes to play games, as it helps him “unwind a bit” and clear his mind.

Under the newly proposed bail conditions, it appears that Bankman-Fried will no longer be allowed to partake in the activity.

Related: Judge allows release of identities of guarantors behind Sam Bankman-Fried’s bail

Earlier this month, the former CEO was prohibited from using encrypted messaging apps after he was found to have contacted potential witnesses in his criminal case.

He has also been temporarily banned from using VPNs on Feb. 14, after the Justice Department discovered he had used a VPN on two different occasions — in order to watch sports coverage. This ban will be further discussed during a Feb. 16 hearing.

Many from the crypto community were disgusted by the initial conditions of Bankman-Fried’s bail, which required him to wear an ankle bracelet but afforded him full computer and internet access from his parents luxurious home in sunny California.

SEC may let Ethereum spot ETFs happen, but not with staked ETH: Galaxy Digital Head of Research

SBF’s lawyers move to block release of bail guarantors’ identities

The appeal, filed on the last possible day, prevents the names of two bond guarantors for SBF from being revealed until at least Feb. 14.

The names of two guarantors who signed off on part of Sam Bankman-Fried’s $250 million bail bond will continue to remain a secret for now.

A judge has also rejected an agreement that would have permitted Bankman-Fried to use certain messaging apps.

Bankman Fried’s lawyers filed an appeal to block the release of the guarantors' names last-minute on Feb. 7. The appeal did not contain further arguments against the disclosure but it will prevent the order from being enforced until Feb. 14 to allow for an application for a further stay.

The appeal was expected after a Jan. 30 ruling in which United States District Judge Lewis Kaplan granted a joint petition from eight major media outlets seeking to unseal the guarantors' names.

Sam Bankman-Fried in an interview during the Bitcoin 2021 conference. Source: Cointelegraph

At the time, Kaplan noted his order was likely to be appealed given the novelty of the circumstances.

He stated arguments by Bankman-Fried’s lawyers that guarantors “would face similar intrusions” as Bankman-Fried’s parents lacked merit given the size of their individual bonds was much smaller, at $200,000 and $500,000.

Bankman Fried’s parents — Joseph Bankman and Barbara Fried — were the other two parties who signed off on the bond.

Additionally, the judge said the guarantors had voluntarily signed individual bonds in a “highly publicized criminal proceeding,” and had therefore opened themselves up to public scrutiny.

Related: US Attorney requests SEC and CFTC civil cases against SBF wait until after criminal trial

Meanwhile, on Feb. 7 Kaplan rejected a joint agreement between Bankman-Fried’s legal team and prosecutors that would have modified bail conditions and allowed Bankman-Fried to use certain messaging apps.

Kaplan did not provide a reason for denying the motion but added the subject would be further discussed in a Feb. 9 hearing.

Kaplan ruled on Feb. 1 that Bankman-Fried was barred from contacting FTX or Alameda Research employees citing a risk of “inappropriate contact with prospective witnesses” after it was revealed the former CEO had been contacting past and present staff.

SEC may let Ethereum spot ETFs happen, but not with staked ETH: Galaxy Digital Head of Research

Major media outlets demand identities of SBF’s $250M bond guarantors

The media’s lawyers argued the public’s right to know Bankman-Fried's sureties outweighed their privacy and safety rights, but Bankman-Fried’s lawyers strongly disagreed.

Eight major media companies including Bloomberg, The Financial Times and Reuters have demanded public disclosure of the two individuals responsible for guaranteeing FTX former CEO Sam Bankman-Fried's $250 million bond. 

In a Jan. 12 letter addressed to New York District Court Judge Lewis Kaplan, attorneys from Davis Wright Tremaine LLP — acting on behalf of the media giants — argued that “the public’s right to know Bankman-Fried's guarantors outweighed their privacy and safety rights.”

Media organizations looking to persuade the judge to unseal the identities of Bankman-Fried's guarantors include the Associated Press, Bloomberg, CNBC, Dow Jones, The Financial Times, Insider and the Washington Post.

Cast your vote now!

In making their case, the media’s lawyers used case precedent from Ghislaine Maxwell’s Dec. 2020 case — where the bond guarantors' names weren’t revealed — to argue that Sam Bankman-Fried’s financial crimes were not as serious as Maxwell’s involvement in Jeffery Epstein’s child sex traffic ring scandal:

"While Mr. Bankman-Fried is accused of serious financial crimes, a public association with him does not carry nearly the same stigma as with the Jeffrey Epstein child sex trafficking scandal.”

According to a Jan. 12 report from Reuters, Bankman-Fried’s lawyers previously argued that Bankman-Fried's sureties should be kept under wraps as Joseph Bankman and Barbara Fried — the parents and co-signers of Bankman-Fried’s $250 million bond — have received ongoing physical threats since FTX's catastrophic collapse in early November.

Related: Sam Bankman-Fried: ‘I didn’t steal funds, and I certainly didn’t stash billions away’

If the guarantor’s names were revealed, there would be a “serious cause for concern” for the safety and welfare of those two people, Bankman-Fried’s lawyers argued.

On Jan. 3, Bankman-Fried pleaded not guilty against all eight criminal charges related to the shock collapse of his former cryptocurrency exchange FTX, which includes wire fraud and violations of campaign finance laws among other charges.

SEC may let Ethereum spot ETFs happen, but not with staked ETH: Galaxy Digital Head of Research

FTX Co-Founder Faces ‘No-Nonsense’ Judge Next Week, Report Says SBF ‘Expected to Enter a Plea’ in Fraud Case

FTX Co-Founder Faces ‘No-Nonsense’ Judge Next Week, Report Says SBF ‘Expected to Enter a Plea’ in Fraud CaseAccording to court documents, Sam Bankman-Fried (SBF) is set to be arraigned by the federal court in the Southern District of New York (SDNY) on Jan. 3, 2023. The disgraced FTX co-founder plans to enter a plea in his fraud case in front of U.S. judge Lewis Kaplan in Manhattan, according to a report published […]

SEC may let Ethereum spot ETFs happen, but not with staked ETH: Galaxy Digital Head of Research