U.S. District Judge Lewis Kaplan has turned down Sam Bankman-Fried's plea for a delay in his sentencing process.
Bankman-Fried, the former CEO of FTX, had requested a postponement of his presentencing interview and the subsequent hearing in March. The request, presented on December 20 in a letter, aimed for a four-to-six-week extension but was denied by the judge.
Bankman-Fried, who was convicted on seven charges in November, is set for sentencing on March 28, potentially facing a maximum sentence of 110 years in prison.
Sam Bankman-Fried's attorney, Mark Cohen, advocated for more time ahead of the presentencing interview, citing the need for thorough preparation and anticipation of potential charges reinstated for a second trial slated for March 11.
These additional weeks were also sought to address pending disclosures in the presentence investigation report, scheduled for January 5 and February 2, 2024.
However, uncertainty loomed as the government hadn't confirmed its pursuit of a second trial, focusing on five contested charges that weren't part of the original indictment leading to Bankman-Fried's extradition from the Bahamas.
The secondary trial alleges Bankman Fried involvement in an illegal campaign finance scheme, claiming he provided approximately $100 million to politicians. These charges were initially dropped when the Bahamas declined his extradition based on this specific accusation.
Cohen emphasized that the sentencing process should commence only after resolving these dropped counts. If the trial on these charges proceeds on March 11, Cohen proposes consolidating all relevant conduct into a single sentencing hearing for fairness and efficiency.
District Judge Lewis Kaplan, presiding over the Southern District of New York case, dismissed the request, citing the defense's initial lack of objection to the set sentencing date.
He highlighted that Sam Bankman-Fried had ample time, over six weeks, to prepare for the presentence interview, which remains on schedule. The judge also mentioned that Bankman-Fried had previously been granted an extension for filing sentencing submissions.
However, acknowledging the possibility of a sentencing delay, Judge Kaplan pointed out that this could occur if the Department of Justice proceeds with a second trial concerning bank fraud and Foreign Corrupt Practices Act conspiracy charges.
The lawyer could file an appeal or a motion with higher courts seeking a reconsideration of the decision to deny the delay in the sentencing process. They might argue for additional time based on the complexity of the case or other compelling reasons.
Engaging in dialogue with the prosecution to clarify their intentions regarding the second trial. This might involve discussing the charges, a potential resolution, or a timeline that could impact the sentencing.
In the event that the second trial proceeds, the lawyer may focus on bolstering Bankman-Fried's defense strategy, gathering evidence, and preparing legal arguments to contest the charges or negotiate a resolution that might impact the sentencing.
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