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SBF says “dishonesty and unfair dealing” aren’t fraud, seeks to dismiss charges

Accepted submission by Freeman at 2023-05-10 13:57:32 from the everything is fine dept.
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https://arstechnica.com/tech-policy/2023/05/sbf-says-dishonesty-and-unfair-dealing-arent-fraud-seeks-to-dismiss-charges/ [arstechnica.com]

Late Monday, legally embroiled FTX founder Sam Bankman-Fried moved to dismiss [arstechnica.net] the majority of criminal charges lobbed against him by the United States government after his cryptocurrency exchange went bankrupt in 2022.

In documents filed in a Manhattan federal court, lawyers from the law firm Cohen & Gresser LLP shared Bankman-Fried's first official legal defense. Lawyers accused the US of a "troubling" and "classic rush to judgment," claiming that the government didn't even wait to receive "millions of documents" and "other evidence" against Bankman-Fried before "improperly seeking" to turn "civil and regulatory issues into federal crimes."

After FTX's collapse last year, federal prosecutors acted quickly to intervene, within a month alleging that Bankman-Fried was stealing billions in customer funds [arstechnica.com], defrauding investors, committing bank and wire fraud, providing improper loans, misleading lenders, transmitting money without a license, making illegal campaign contributions, bribing China officials [arstechnica.com], and other crimes. Through it all, Bankman-Fried has pleaded not guilty. Now, in his motion to dismiss, Bankman-Fried has requested an oral argument to "fight these baseless charges" and "clear his name." He's asking the court to dismiss 10 out of 13 charges, arguing that federal prosecutors have failed to substantiate most of their claims.

"The Government’s haste and apparent willingness to proceed without having all the relevant facts and information has produced an indictment that is not only improperly brought but legally flawed and should be dismissed," Bankman-Fried's lawyers argued in one of several memos [arstechnica.net] filed yesterday.


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