According to legal expert Daniel C. Silva, the defense strategy employed by Sam Bankman-Fried, former FTX boss, could potentially lay the groundwork for an appeal if he is found guilty. By focusing on the finer details of the case, the defense may argue that they were not given sufficient time and opportunity to adequately prepare, raising questions about the fairness of the trial.
“One of the things [the defense] may be doing is suggesting, ‘This thing moved at light-speed and we were not given a full opportunity to prepare for trial,'” Silva said.
Judge Lewis Kaplan has expressed criticism of the defense’s use of cross-examination to confirm the facts and details of the prosecution’s witnesses’ testimony. He believes this approach is an inappropriate use of court time, raising concerns about the efficiency of the trial and its potential impact on the jury’s attention span.
Legal experts emphasize the importance of Bankman-Fried’s defense team effectively utilizing their cross-examination time. However, Silva warns against employing a strategy of “death by 1,000 cuts” through repetitive questioning, as it may not be effective in winning over the jury.
If Judge Kaplan deems the defense’s questioning to be meaningless or a waste of time, he is likely to intervene and rein them in.
In response to the slower-than-expected progress of the case, the prosecutors have adjusted their witness lineup. Key witness Caroline Ellison, who had a previous relationship with Bankman-Fried and has pleaded guilty to crimes related to Alameda and FTX, will now be called after Gary Wang, former FTX co-founder and CTO. This reshuffling is aimed at streamlining the case and capitalizing on the jurors’ fresh memory of testimonies.
Last week, Wang testified in court, admitting his involvement in wire fraud alongside Bankman-Fried. He revealed that they engaged in financial crimes and deceitful practices, leading to the eventual collapse of the cryptocurrency trading platform.
“He disclosed that the duo illegally withdrew a staggering $8 billion from FTX funds through Alameda Research. Wang further claimed that Bankman-Fried directed these illicit actions,”
