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The US Department of Justice (DOJ) is requesting further disclosures regarding Sam Bankman-Fried’s intended defense strategy. In a filing made on Tuesday, the attorneys representing the agency addressed the former executive’s plan to employ an advice-of-counsel defense during his upcoming trial in October.
Should this request not be fulfilled, the DOJ has asked the court to limit certain lines of questioning, evidence, and arguments that are considered irrelevant to the matter at hand.
- This development arises as tensions between the DOJ and SBF’s defense team have escalated concerning the admissibility of expert witnesses in the forthcoming trial.
- The DOJ expressed concerns regarding SBF’s effort to utilize attorney involvement as a defense tactic without offering thorough disclosure, and it urged the court to either compel the former FTX leader to provide detailed disclosures or to exclude specific evidence related to attorneys’ involvement during the trial.
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“If the defendant does not provide additional disclosures, the Government respectfully requests that the Court order the defendant to provide additional notice and produce pretrial discovery, as described above. If the defendant does not provide additional disclosures, the Court should preclude irrelevant, confusing, and prejudicial questioning, evidence, and arguments about the involvement of attorneys.”
- In its filing, the government agency cited a prior case – United States v. Ash – as a precedent where the court mandated the defendant to deliver similar “pretrial notice” and disclosures, while considering SBF’s initial notice of intent to rely on a defense of advice of counsel as “insufficient.”
- Earlier this week, the DOJ requested the court to dismiss all seven witnesses, contending that their opinions are unsuitable for expert testimony, irrelevant to the trial, and could potentially confuse the jury.
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