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422 |
Filed: 3/27/2024, Entered: 3/27/2024 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh, Ryan Salame addressed to Judge Lewis A. Kaplan from AUSA Danielle Kudla dated 03/27/24 re: Additional Victim Impact Statement Document filed by USA. (Attachments: # (1) Exhibit A)(Kudla, Danielle)
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Request |
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421 |
Filed: 3/27/2024, Entered: 3/27/2024 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Thane Rehn dated March 27, 2024 re: Additional Victim Impact Statements Document filed by USA. (Attachments: # (1) Exhibit Combined MDL Statements)(Rehn, Nathan)
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420 |
Filed: 3/27/2024, Entered: 3/27/2024 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Nicolas Roos dated March 27, 2024 re: Measure of Investor Loss Document filed by USA. (Roos, Nicolas)
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419 |
Filed: 3/26/2024, Entered: 3/26/2024 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh, Ryan Salame addressed to Judge Lewis A. Kaplan from AUSA Danielle Kudla dated 03/26/2024 re: Additional Victim Impact Statements Document filed by USA. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Kudla, Danielle)
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418 |
Filed: 3/26/2024, Entered: 3/26/2024 |
Letter - Sentencing |
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Sentencing Letter by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Marc L. Mukasey and Torrey K. Young dated March 26, 2024 re: additional letters of support for Samuel Bankman-Fried. (Attachments: # (1) Exhibit A-30, # (2) Exhibit A-31, # (3) Exhibit A-32, # (4) Exhibit A-33, # (5) Exhibit A-34)(Mukasey, Marc)
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417 |
Filed: 3/22/2024, Entered: 3/22/2024 |
Stipulation and Order |
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STIPULATION AND ORDER as to (S6 22-Cr-673) Samuel Bankman-Fried. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 3/22/2024)(bw)
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416 |
Filed: 3/22/2024, Entered: 3/22/2024 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh, Ryan Salame addressed to Judge Lewis A. Kaplan Document filed by USA. (Attachments: # (1) Exhibit Stipulation and Order)(Raymond, Samuel)
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415 |
Filed: 3/20/2024, Entered: 3/20/2024 |
Letter |
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LETTER by Alameda Research LTD, Alameda Research LLC, West Realm Shires Inc., FTX Trading Ltd. as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh, Ryan Salame addressed to Judge Lewis A. Kaplan from John J. Ray III dated 03/20/2024 re: Victim Impact Statement Document filed by Alameda Research LTD, Alameda Research LLC, West Realm Shires Inc., FTX Trading Ltd.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Peikin, Steven)
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414 |
Filed: 3/20/2024, Entered: 3/20/2024 |
Letter - Sentencing |
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Sentencing Letter by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Marc L. Mukasey, Torrey K. Young, Thomas E. Thornhill, Michael F. Westfal dated March 20, 2024 re: further reply to government's Sentencing Submission. (Attachments: # (1) Exhibit A - United States v Gary sentencing transcript, # (2) Exhibit B - February 28, 2024 revision, # (3) Exhibit C - February 14, 2024 letter)(Mukasey, Marc)
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413 |
Filed: 3/19/2024, Entered: 3/19/2024 |
Letter - Sentencing |
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Sentencing Letter by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Marc L. Mukasey and Torrey K. Young dated March 19, 2024 re: reply to government's Sentencing Memorandum. (Attachments: # (1) Exhibit A - 2022 writing, # (2) Exhibit B - various communications, # (3) Exhibit C - Omnibus Corporate Authority)(Mukasey, Marc)
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412 |
Filed: 3/19/2024, Entered: 3/19/2024 |
Order |
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ORDER as to Samuel Bankman-Fried: The defendant and government each cite to a hearing transcript in In re FTX Trading Ltd. et al., 22-bk-11068 (JTD) (Bankr. D. Del. Jan. 31, 2024) (ECF No. 6908). The parties shall provide an electronic copy of the transcript to the Court. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/19/2024) (lnl)
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411 |
Filed: 3/18/2024, Entered: 3/18/2024 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh, Ryan Salame addressed to Judge Lewis A. Kaplan from AUSA Danielle Kudla dated 03/18/2024 re: Redactions & Victim Impact Statements Document filed by USA. (Attachments: # (1) Exhibit A, # (2) Exhibit B - part 1, # (3) Exhibit B - part 2, # (4) Exhibit B - part 3, # (5) Exhibit B - part 4, # (6) Exhibit B - part 5, # (7) Exhibit B - part 6)(Kudla, Danielle)
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410 |
Filed: 3/15/2024, Entered: 3/15/2024 |
Sentencing Submission |
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SENTENCING SUBMISSION by USA as to Samuel Bankman-Fried. (Attachments: # (1) Exhibit A - Victim Twitter Messages, # (2) Exhibit B - Google Document, # (3) Exhibit C - Google Document, # (4) Exhibit D - Google Document, # (5) Exhibit E - Twitter Thread, # (6) Proposed Order Preliminary Order of Forfeiture)(Roos, Nicolas)
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409 |
Filed: 3/5/2024, Entered: 3/5/2024 |
Letter |
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LETTER re Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan, from Stephen Salment dated 2/28/2024 re: Stephen Salmen writes with his opinion. (ap) Modified on 3/15/2024 (Mohan, Andrew).
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408 |
Filed: 3/4/2024, Entered: 3/4/2024 |
Order |
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ORDER GRANTING MOTION TO WITHDRAW as to Samuel Bankman-Fried: Upon consideration of the Motion to Withdraw, it is HEREBY ORDERED THAT Mark S. Cohen, Christian R. Everdell, S. Gale Dick, David F. Lisner, Sri Kuehnlenz, Sharon L. Barbour, Alexandra K. Theobald, and Andrew Dean of Cohen & Gresser LLP are granted leave to withdraw as co-counsel for defendant Samuel Bankman-Fried in the above-captioned matter. Attorney Drew Dean; Stephen Gale Dick; Christian R. Everdell; Sri Kuehnlenz; David Lisner; Alexandra Theobald; Sharon L Barbour and Mark Stewart Cohen terminated in case as to Samuel Bankman-Fried. (Signed by Judge Lewis A. Kaplan on 3/4/2024) (ap)
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407 |
Filed: 2/27/2024, Entered: 2/27/2024 |
Sentencing Submission |
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SENTENCING SUBMISSION by Samuel Bankman-Fried. (Attachments: # (1) Exhibit A - Index of Letters in Support of Samuel Bankman-Fried's Sentencing Submission, # (2) Exhibit A-1, # (3) Exhibit A-2, # (4) Exhibit A-3, # (5) Exhibit A-4, # (6) Exhibit A-5, # (7) Exhibit A-6, # (8) Exhibit A-7, # (9) Exhibit A-8, # (10) Exhibit A-9, # (11) Exhibit A-10, # (12) Exhibit A-11, # (13) Exhibit A-12, # (14) Exhibit A-13, # (15) Exhibit A-14, # (16) Exhibit A-15, # (17) Exhibit A-16, # (18) Exhibit A-17, # (19) Exhibit A-18, # (20) Exhibit A-19, # (21) Exhibit A-20, # (22) Exhibit A-21, # (23) Exhibit A-22, # (24) Exhibit A-23, # (25) Exhibit A-24, # (26) Exhibit A-25, # (27) Exhibit A-26, # (28) Exhibit A-27, # (29) Exhibit A-28, # (30) Exhibit A-29, # (31) Exhibit B - 2018 writing, # (32) Exhibit C - Webpage capture, # (33) Exhibit D - Assets and Liabilities Sheet, # (34) Exhibit E - assorted documents, # (35) Exhibit F - January 2023 report, # (36) Exhibit G - March 2023 report, # (37) Exhibit H - September 2023 report, # (38) Exhibit I - declaration and exhibits, # (39) Exhibit J - regulatory-related documents, # (40) Exhibit K - 2016 writing, # (41) Exhibit L - Declaration of Shannon Race and exhibits)(Mukasey, Marc)
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405 |
Filed: 2/23/2024, Entered: 2/23/2024 |
Declaration in Support of Motion |
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DECLARATION of Sam Bankman-Fried in Support as to Samuel Bankman-Fried re: [403] MOTION for Mark S. Cohen, Christian R. Everdell, S. Gale Dick, David F. Lisner, Sri Kuehnlenz, Sharon L. Barbour, Alexandra K. Theobald, and Andrew Dean of Cohen & Gresser LLP to Withdraw as Attorney .. (Everdell, Christian)
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Request |
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404 |
Filed: 2/23/2024, Entered: 2/23/2024 |
Declaration in Support of Motion |
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DECLARATION of Chris Everdell in Support as to Samuel Bankman-Fried re: [403] MOTION for Mark S. Cohen, Christian R. Everdell, S. Gale Dick, David F. Lisner, Sri Kuehnlenz, Sharon L. Barbour, Alexandra K. Theobald, and Andrew Dean of Cohen & Gresser LLP to Withdraw as Attorney .. (Everdell, Christian)
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Request |
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403 |
Filed: 2/23/2024, Entered: 2/23/2024, Terminated: 3/4/2024 |
Motion to withdraw as attorney |
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MOTION for Mark S. Cohen, Christian R. Everdell, S. Gale Dick, David F. Lisner, Sri Kuehnlenz, Sharon L. Barbour, Alexandra K. Theobald, and Andrew Dean of Cohen & Gresser LLP to Withdraw as Attorney . Document filed by Samuel Bankman-Fried. (Attachments: # (1) Proposed Order Proposed Order Granting Motion to Withdraw as Attorney)(Everdell, Christian)
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Request |
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Filed: None, Entered: None |
set/reset deadlines/hearings |
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Set/Reset Deadlines/Hearings as to Ryan Salame: Sentencing set for 5/1/2024 at 11:00 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Mohan, Andrew)
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Filed: None, Entered: None |
set/reset deadlines/hearings |
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Set/Reset Deadlines/Hearings as to Ryan Salame: Sentencing set for 5/1/2024 at 11:00 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Mohan, Andrew)
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Filed: None, Entered: None |
set/reset hearings |
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Set Hearings as to Samuel Bankman-Fried: Sentencing set for 3/28/2024 at 09:30 AM in Courtroom 26A, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Mohan, Andrew)
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Filed: None, Entered: None |
Curcio Hearing |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Curcio hearing concerning docket items 397 and 399 regarding Samuel Bankman-Fried before the Hon. Lewis A. Kaplan held. Defendant Samuel Bankman-Fried present with attorneys Marc Lee Mukasey and Torrey K. Young. AUSA Nicolas Roos present. Court reporter Pamela Utter present. Defendant waived any potential conflicts regarding incoming counsel. Sentencing remains scheduled for 3/28/2024 @ 9:30 AM. Detained. (Mohan, Andrew)
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402 |
Filed: 2/15/2024, Entered: 2/15/2024 |
Order on Motion for Forfeiture of Property |
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CONSENT INTERLOCUTORY SALE ORDER [401] Motion for Forfeiture of Property as to Ryan Salame. (Signed by Judge Lewis A. Kaplan on 2/15/24) (jw)
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401 |
Filed: 2/14/2024, Entered: 2/14/2024, Terminated: 2/15/2024 |
Motion for Forfeiture of Property |
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MOTION for Forfeiture of Property . Document filed by USA as to Ryan Salame. (Attachments: # (1) Proposed Order Proposed Consent Interlocutory of Sale)(Raymond, Samuel)
- Attachment 1 Proposed Order Proposed Consent Interlocutory of Sale
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399 |
Filed: 2/7/2024, Entered: 2/7/2024 |
Order |
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ORDER as to Samuel Bankman-Fried. The Court will conduct a Curcio hearing in this matter on February 21, 2024 at 2:00 pm. Mr. Mukasey, Mr. Young, and the defendant all shall be present together with counsel for the government. SO ORDERED. ( Curcio Hearing set for 2/21/2024 at 02:00 PM before Judge Lewis A. Kaplan. ) (Signed by Judge Lewis A. Kaplan on 2/7/2024)(bw)
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398 |
Filed: 2/7/2024, Entered: 2/7/2024 |
Memorandum and Opinion |
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MEMORANDUM OPINION as to Samuel Bankman-Fried....[*** See this Memorandum Opinion ***]... Conclusion. For the foregoing reasons, as well as those stated on the record on October 27, 2023, the Court granted the defendant's motion insofar as it concerned the participation of attorneys in drafting and implementing data retention policies, and it denied the defendant's motion in all other respects.(See Footnote 41 on this Memorandum Opinion). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/7/2024)(bw)
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397 |
Filed: 2/6/2024, Entered: 2/6/2024 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Nicolas Roos dated February 6, 2024 re: Curcio Hearing Document filed by USA. (Roos, Nicolas)
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395 |
Filed: 1/22/2024, Entered: 1/22/2024 |
protective order |
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PROTECTIVE ORDER as to Samuel Bankman-Fried...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Lewis A. Kaplan on 1/22/2024)(jw)
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394 |
Filed: 1/19/2024, Entered: 1/19/2024 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Nicolas Roos dated January 19, 2024 re: Proposed Protective Order for New Counsel Document filed by USA. (Attachments: # (1) Proposed Order Protective Order)(Roos, Nicolas)
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393 |
Filed: 1/10/2024, Entered: 1/10/2024 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan, from Mary McKee dated 1/4/2024 re: Mary McKee writes regarding sentencing of Defendant. (ap)
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392 |
Filed: 1/9/2024, Entered: 1/9/2024 |
notice of attorney appearance - defendant |
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NOTICE OF ATTORNEY APPEARANCE: Torrey Kaufman Young appearing for Samuel Bankman-Fried. Appearance Type: Retained. (Young, Torrey)
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391 |
Filed: 1/9/2024, Entered: 1/9/2024 |
notice of attorney appearance - defendant |
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NOTICE OF ATTORNEY APPEARANCE: Marc Lee Mukasey appearing for Samuel Bankman-Fried. Appearance Type: Retained. (Mukasey, Marc)
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390 |
Filed: 1/9/2024, Entered: 1/9/2024 |
Sealed document |
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SEALED DOCUMENT placed in vault. (nmo)
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388 |
Filed: 12/29/2023, Entered: 12/29/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh, Ryan Salame addressed to Judge Lewis A. Kaplan from AUSA Danielle Kudla dated 12/29/23 re: March 2024 Trial Document filed by USA. (Kudla, Danielle)
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387 |
Filed: 12/20/2023, Entered: 12/20/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 12/20/23 re: Sentencing Adjournment . Document filed by Samuel Bankman-Fried. (Everdell, Christian)
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386 |
Filed: 12/20/2023, Entered: 12/20/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT as to Samuel Bankman-Fried. Regarding the 12/20/2023 letter submitted by attorneys Mark S. Cohen and Christian R. Everdell on behalf of defendant Samuel Bankman-Fried, requesting a four to six-week adjournment of the sentencing hearing was memo endorsed as follows: The defendant's application, dated December 20, 2023, to adjourn the sentencing date and to postpone the dates for the first and second disclosures of the PSR is denied. The sentencing date was fixed without objection from the defendant. The defendant already has been granted one extension for the filing of sentencing submissions. The defendant already has had over six weeks in which to prepare for the presentence interview, which shall take place tomorrow as scheduled. This ruling is without prejudice to a renewed application with respect to the sentencing date in the event the government elects to proceed to trial on the severed counts. (Signed by Judge Lewis A. Kaplan on 12/20/2023)(Mohan, Andrew)
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385 |
Filed: 12/12/2023, Entered: 12/12/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Trial proceeding held on 11/2/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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384 |
Filed: 12/12/2023, Entered: 12/12/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Trial held on 11/2/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2024. Redacted Transcript Deadline set for 1/12/2024. Release of Transcript Restriction set for 3/11/2024. (McGuirk, Kelly)
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Request |
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383 |
Filed: 12/12/2023, Entered: 12/12/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Trial proceeding held on 11/1/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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382 |
Filed: 12/12/2023, Entered: 12/12/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Trial held on 11/1/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2024. Redacted Transcript Deadline set for 1/12/2024. Release of Transcript Restriction set for 3/11/2024. (McGuirk, Kelly)
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Request |
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381 |
Filed: 12/12/2023, Entered: 12/12/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Trial proceeding held on 10/31/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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380 |
Filed: 12/12/2023, Entered: 12/12/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Trial held on 10/31/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2024. Redacted Transcript Deadline set for 1/12/2024. Release of Transcript Restriction set for 3/11/2024. (McGuirk, Kelly)
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Request |
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379 |
Filed: 12/12/2023, Entered: 12/12/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Trial proceeding held on 10/30/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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378 |
Filed: 12/12/2023, Entered: 12/12/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Trial held on 10/30/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2024. Redacted Transcript Deadline set for 1/12/2024. Release of Transcript Restriction set for 3/11/2024. (McGuirk, Kelly)
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Request |
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377 |
Filed: 12/12/2023, Entered: 12/12/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Trial proceeding held on 10/27/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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376 |
Filed: 12/12/2023, Entered: 12/12/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Trial held on 10/27/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2024. Redacted Transcript Deadline set for 1/12/2024. Release of Transcript Restriction set for 3/11/2024. (McGuirk, Kelly)
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Request |
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375 |
Filed: 12/12/2023, Entered: 12/12/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Trial proceeding held on 10/26/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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374 |
Filed: 12/12/2023, Entered: 12/12/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Trial held on 10/26/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2024. Redacted Transcript Deadline set for 1/12/2024. Release of Transcript Restriction set for 3/11/2024. (McGuirk, Kelly)
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Request |
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373 |
Filed: 12/12/2023, Entered: 12/12/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Trial proceeding held on 10/19/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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372 |
Filed: 12/12/2023, Entered: 12/12/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Trial held on 10/19/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2024. Redacted Transcript Deadline set for 1/12/2024. Release of Transcript Restriction set for 3/11/2024. (McGuirk, Kelly)
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Request |
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371 |
Filed: 12/12/2023, Entered: 12/12/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Trial proceeding held on 10/18/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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370 |
Filed: 12/12/2023, Entered: 12/12/2023 |
transcript |
|
TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Trial held on 10/18/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, (McGuirk, Kelly)
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369 |
Filed: 12/12/2023, Entered: 12/12/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Trial proceeding held on 10/17/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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368 |
Filed: 12/12/2023, Entered: 12/12/2023 |
transcript |
|
TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Trial held on 10/17/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2024. Redacted Transcript Deadline set for 1/12/2024. Release of Transcript Restriction set for 3/11/2024. (McGuirk, Kelly)
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Request |
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367 |
Filed: 12/12/2023, Entered: 12/12/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Trial proceeding held on 10/16/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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366 |
Filed: 12/12/2023, Entered: 12/12/2023 |
transcript |
|
TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Trial held on 10/16/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2024. Redacted Transcript Deadline set for 1/12/2024. Release of Transcript Restriction set for 3/11/2024. (McGuirk, Kelly)
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Request |
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365 |
Filed: 12/12/2023, Entered: 12/12/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Trial proceeding held on 10/13/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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364 |
Filed: 12/12/2023, Entered: 12/12/2023 |
transcript |
|
TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Trial held on 10/13/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2024. Redacted Transcript Deadline set for 1/12/2024. Release of Transcript Restriction set for 3/11/2024. (McGuirk, Kelly)
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Request |
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363 |
Filed: 12/12/2023, Entered: 12/12/2023 |
Notice of Filing Transcript |
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Trial proceeding held on 10/12/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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362 |
Filed: 12/12/2023, Entered: 12/12/2023 |
transcript |
|
TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Trial held on 10/12/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2024. Redacted Transcript Deadline set for 1/12/2024. Release of Transcript Restriction set for 3/11/2024. (McGuirk, Kelly)
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Request |
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361 |
Filed: 12/12/2023, Entered: 12/12/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Trial proceeding held on 10/11/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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360 |
Filed: 12/12/2023, Entered: 12/12/2023 |
transcript |
|
TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Trial held on 10/11/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2024. Redacted Transcript Deadline set for 1/12/2024. Release of Transcript Restriction set for 3/11/2024. (McGuirk, Kelly)
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Request |
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359 |
Filed: 12/12/2023, Entered: 12/12/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Trial proceeding held on 10/10/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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358 |
Filed: 12/12/2023, Entered: 12/12/2023 |
transcript |
|
TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Trial held on 10/10/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2024. Redacted Transcript Deadline set for 1/12/2024. Release of Transcript Restriction set for 3/11/2024. (McGuirk, Kelly)
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Request |
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357 |
Filed: 12/12/2023, Entered: 12/12/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Trial proceeding held on 10/5/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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356 |
Filed: 12/12/2023, Entered: 12/12/2023 |
transcript |
|
TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Trial held on 10/5/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2024. Redacted Transcript Deadline set for 1/12/2024. Release of Transcript Restriction set for 3/11/2024. (McGuirk, Kelly)
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Request |
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355 |
Filed: 12/12/2023, Entered: 12/12/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Trial proceeding held on 10/4/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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354 |
Filed: 12/12/2023, Entered: 12/12/2023 |
transcript |
|
TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Trial held on 10/4/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2024. Redacted Transcript Deadline set for 1/12/2024. Release of Transcript Restriction set for 3/11/2024. (McGuirk, Kelly)
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Request |
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353 |
Filed: 12/12/2023, Entered: 12/12/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Trial proceeding held on 10/6/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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352 |
Filed: 12/12/2023, Entered: 12/12/2023 |
transcript |
|
TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Trial held on 10/6/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2024. Redacted Transcript Deadline set for 1/12/2024. Release of Transcript Restriction set for 3/11/2024. (McGuirk, Kelly)
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Request |
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351 |
Filed: 12/12/2023, Entered: 12/12/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Trial proceeding held on 10/3/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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350 |
Filed: 12/12/2023, Entered: 12/12/2023 |
transcript |
|
TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Trial held on 10/3/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2024. Redacted Transcript Deadline set for 1/12/2024. Release of Transcript Restriction set for 3/11/2024. (McGuirk, Kelly)
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Request |
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349 |
Filed: 12/1/2023, Entered: 12/1/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 12/1/23 re: Post-Trial Motions (Everdell, Christian)
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348 |
Filed: 11/21/2023, Entered: 11/21/2023 |
USCA Mandate - Interlocutory Appeal |
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USCA MANDATE ON INTERLOCUTORY APPEAL (certified copy) as to Samuel Bankman-Fried re: [199] Notice of Appeal - Interlocutory. USCA Case Number 23-6914-cr. Upon due consideration, it is hereby ORDERED that the motion for release pending trial is DENIED. The motion for immediate release pending disposition of this appeal is DENIED as moot. Catherine OHagan Wolfe, Clerk USCA. Issued As Mandate: 11/21/2023. (tp)
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Filed: None, Entered: None |
Transmission of USCA Mandate/Order to District Judge |
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Transmission of USCA Mandate/Order to the District Judge re: [348] USCA Mandate - Interlocutory Appeal. (tp)
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347 |
Filed: 11/20/2023, Entered: 11/20/2023 |
Order |
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ORDER as to Samuel Bankman-Fried: The court having required the jurors to remain at the courthouse beyond the normal end of day for deliberations on November 2, 2023, IT IS HEREBY ORDERED, that the Clerk of Court is authorized to pay the invoice submitted by Global Automated Services, no. 24675, dated 11/16/2023 for the jurors' transportation home on 11/2/2023. (Signed by Judge Lewis A. Kaplan on 11/20/2023) (Forwarded to Finance Unit via email on 11/20/2023) (ap)
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346 |
Filed: 11/18/2023, Entered: 11/18/2023 |
Order on Letter Motion |
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ORDER granting [345] LETTER MOTION extension of time re: [345] LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 11/17/23 re: Extension of Time . as to Samuel Bankman-Fried (1). (Signed by Judge Lewis A. Kaplan on 11/18/2023) (Kaplan, Lewis)
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345 |
Filed: 11/17/2023, Entered: 11/17/2023, Terminated: 11/18/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 11/17/23 re: Extension of Time . Document filed by Samuel Bankman-Fried. (Everdell, Christian)
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344 |
Filed: 11/8/2023, Entered: 11/9/2023 |
Sealed document |
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SEALED DOCUMENT placed in vault. (nmo)
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343 |
Filed: 11/7/2023, Entered: 11/7/2023 |
Order |
|
MEMORANDUM AND ORDER as to Samuel Bankman-Fried. During the trial, the defendant moved to elicit testimony from FBI Special Agents Booth and Allain for the purpose of attempting to prove what he contended were prior inconsistent statements, Dkt 332, The order disposing of that motion (Dkt 339) stated that a memorandum would follow in the event of a conviction, Defendant was convicted on all counts, Accordingly, this memorandum sets out the bases for the rule on defendant's letter motion, As a preliminary matter, the Court applied to defendant's motion the principles summarized in United States v, Ghailani, 761 F, Supp2d 114, 117-18 (S,D.N..Y. 2011). The following paragraphs deal with each of the four proposed subjects of extrinsic evidence of alleged prior inconsistent statements and correspond to the similarly numbered paragraphs of defendant's letter motion. i-ii. The material referred to in paragraphs and ii (Dkt 332, at 2-3) was inadmissible for at least the following reasons. First, there is no material inconsistency. Mr. Wang consistently testified that the "allow negative" flag initially was added in 2019 because Alameda, then the largest market maker on FTX, on occasion needed to withdraw stablecoins from the FTX platform, convert them, and then redeposit them on FTX in order to convert between stablecoins, thus "going negative" in the withdrawn coins, and that he may have described this as patt of "market making" or "for the functionality of the exchange"(Tr. 485-488; id at 487:25-488:2) (Mr. Wang agreeing that "[b]eing able to go negative was necessaiy so that Alameda could satisfy stablecoin requests"), which amounts essentially to the same thing (id. at 480:4-6) (Mr. Wang agreeing that "one thing Alameda did as a market maker was it facilitated access to stablecoins"). In any case, Mr. Wang ultimately testified on redirect that Alameda's "special features," which included the "allow negative" flag, may have been in part to facilitate market making. Tr. 611: 17-612: I. (Signed by Judge Lewis A. Kaplan on 11/7/2023) (See ORDER set forth) (ap)
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Filed: None, Entered: None |
jury verdict |
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JURY VERDICT as to Samuel Bankman-Fried (1) Guilty on Count 1sss,2sss,3sss,4sss,5sss,6sss,7sss. (ap)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Samuel Bankman-Fried held on 11/2/2023. Jury Trial held and concluded on 11/2/2023. Governments rebuttal closingargument heard. Jury charged. Deliberations began and concluded. A verdict of guilty as to counts (S6)One through (S6)Seven returned and as to Count (S6)Seven the jury answered a special verdict question that it was a unanimous verdict based on both concealment money laundering, and wire fraud proceeds money laundering. Defense post-trial motions are due by 11/20/2023; Government opposition due by 12/11/2023; Defense replies due by 12/18/2023. Defense sentencing submissions are due by 2/27/2024. Government sentencing submissions are due by 3/15/2024. Sentencing is scheduled for 3/28/2023 at 9:30 AM. Defendant remained remanded. (Motions due by 11/20/2023. Responses due by 12/11/2023. Replies due by 12/18/2023. Sentencing set for 3/28/2024 at 09:30 AM before Judge Lewis A. Kaplan) (ap)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Samuel Bankman-Fried held on 11/1/2023. Government and defense closing arguments made. Government's rebuttal closing argument, to be followed by the jury charge, continued to 11/2/2023 @ 9:30 AM. (lnl)
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342 |
Filed: 10/31/2023, Entered: 10/31/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated October 31, 2023 re: Proposed Jury Instruction (Cohen, Mark)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Samuel Bankman-Fried held on 10/31/2023. Jury Trial held on 10/31/2023. Defense case rested. Government rebuttal case waived. Jury left early and defendant's renewed Rule 29 motion for Judgement of Acquittal made and denied by the Court. Charge conference held. Closings to begin on 11/1/2023 at 9:30 AM. (Jury Trial set for 11/1/2023 at 09:30 AM before Judge Lewis A. Kaplan) (ap)
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341 |
Filed: 10/30/2023, Entered: 10/30/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated October 30, 2023 re: English Law Authorities Cited in Addendum to Request No. 5 of Defendant's Proposed Jury Instructions (Attachments: # (1) Exhibit 1 - English Law Authorities (Part I), # (2) Exhibit 2 - English Law Authorities (Part II))(Cohen, Mark)
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340 |
Filed: 10/30/2023, Entered: 10/30/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated October 30, 2023 re: Addendum to Request No. 5 of Defendants Proposed Jury Instructions (Attachments: # (1) Exhibit 1- Addendum to Addendum to Defense Request No. 5)(Cohen, Mark)
- Attachment 1 Exhibit 1- Addendum to Addendum to Defense Request No. 5
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Samuel Bankman-Fried held on 10/30/2023. Jury Trial held and continued to 10/31/2023. (ap)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Samuel Bankman-Fried held on 10/26/2023. Jury Trial held. Government rested. Defense moved for acquittal under Rule 29, which was denied by the Court. Defense case begun. Jury excused for the day at 2:00 PM. Evidentiary hearing held outside the presence of the jury regarding DI 338, a 10/25/2023 letter filed by the defense to which the Court reserved decision. Trial continued to 10/27/2023 at 9:30 AM. (Jury Trial set for 10/27/2023 at 09:30 AM before Judge Lewis A. Kaplan) (ap)
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339 |
Filed: 10/25/2023, Entered: 10/25/2023 |
Order on Letter Motion |
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ORDER denying [332] LETTER MOTION eleicit certain testimony from Agents Booth and Allain re: [332] LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated October 25, 2023 re: Extrinsic Evidence of Prior Inconsistent Statements . as to Samuel Bankman-Fried (1). (Signed by Judge Lewis A. Kaplan on 10/25/2023) (Kaplan, Lewis)
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338 |
Filed: 10/25/2023, Entered: 10/25/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated October 25, 2023 re: Defendant's Testimony . Document filed by Samuel Bankman-Fried. (Cohen, Mark)
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337 |
Filed: 10/25/2023, Entered: 10/25/2023 |
MEMORANDUM in Opposition to Motion |
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MEMORANDUM in Opposition by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh, Ryan Salame re [332] LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated October 25, 2023 re: Extrinsic Evidence of Prior Inconsistent Statements .. (Raymond, Samuel)
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336 |
Filed: 10/25/2023, Entered: 10/25/2023 |
Order on Letter Motion |
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ORDER terminating [333] LETTER MOTION re: [333] LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated October 25, 2023 re: Special Verdict . as to Samuel Bankman-Fried (1). (Signed by Judge Lewis A. Kaplan on 10/25/2023) (Kaplan, Lewis)
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335 |
Filed: 10/25/2023, Entered: 10/25/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT as to Samuel Bankman-Fried on [334] LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Nicolas Roos dated October 25, 2023 re: misc trial issues. ENDORSEMENT: Defendant shall disclose any Rule 26.2 material forthwith. So Ordered. (Signed by Judge Lewis A. Kaplan on 10/25/2023) (lnl)
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334 |
Filed: 10/25/2023, Entered: 10/25/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Nicolas Roos dated October 25, 2023 re: misc trial issues Document filed by USA. (Sassoon, Danielle)
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333 |
Filed: 10/25/2023, Entered: 10/25/2023, Terminated: 10/25/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated October 25, 2023 re: Special Verdict . Document filed by Samuel Bankman-Fried. (Cohen, Mark)
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332 |
Filed: 10/25/2023, Entered: 10/25/2023, Terminated: 10/25/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated October 25, 2023 re: Extrinsic Evidence of Prior Inconsistent Statements . Document filed by Samuel Bankman-Fried. (Cohen, Mark)
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Filed: None, Entered: None |
Order on Letter Motion |
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ORDER terminating [328] LETTER MOTION re: [328] LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated October 23, 2023 re: Expert Witness Disclosure . as to Samuel Bankman-Fried (1). (Signed by Judge Lewis A. Kaplan on 10/25/2023) (Kaplan, Lewis)
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Filed: None, Entered: None |
Order on Letter Motion |
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ORDER terminating [329] LETTER MOTION re: [329] LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated October 24, 2023 re: objections to the Government's Proposed Jury Instructions and Oct. 19, 2023 Letter . as to Samuel Bankman-Fried (1). (Signed by Judge Lewis A. Kaplan on 10/25/2023) (Kaplan, Lewis)
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Save 25% on a pre-paid one year subscription. |
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Filed: None, Entered: None |
set/reset hearings |
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Set Teleconference as to Samuel Bankman-Fried: Telephone Conference set for today, 10/25/2023 at 10:30 AM before Judge Lewis A. Kaplan. Press & Public can dial-in to listen only at 1-888-363-4749 and enter conference ID 7664205. Callers are reminded that recording or rebroadcasting the conference in whole or in part is forbidden by Court rules. (Mohan, Andrew)
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331 |
Filed: 10/24/2023, Entered: 10/24/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Thane Rehn dated October 24, 2023 re: Jury Instructions Document filed by USA. (Rehn, Nathan)
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330 |
Filed: 10/24/2023, Entered: 10/24/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Danielle R. Sassoon dated October 24, 2023 re: scheduling Document filed by USA. (Sassoon, Danielle)
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329 |
Filed: 10/24/2023, Entered: 10/24/2023, Terminated: 10/25/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated October 24, 2023 re: objections to the Government's Proposed Jury Instructions and Oct. 19, 2023 Letter . Document filed by Samuel Bankman-Fried. (Cohen, Mark)
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328 |
Filed: 10/23/2023, Entered: 10/23/2023, Terminated: 10/25/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated October 23, 2023 re: Expert Witness Disclosure . Document filed by Samuel Bankman-Fried. (Attachments: # (1) Exhibit Expert Witness Disclosure of Joseph M. Pimbley, PhD.)(Cohen, Mark)
- Attachment 1 Exhibit Expert Witness Disclosure of Joseph M. Pimbley, PhD.
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327 |
Filed: 10/19/2023, Entered: 10/19/2023 |
Request to Charge |
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Request To Charge by Samuel Bankman-Fried. (Attachments: # (1) Exhibit 1: Redline against Mr. Bankman-Frieds Proposed Requests to Charge filed on August 21, 2023 (Dkt. 215))(Cohen, Mark)
- Attachment 1 Exhibit 1: Redline against Mr. Bankman-Frieds Proposed Requests to Charge filed on August 21, 2023 (Dkt. 215
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326 |
Filed: 10/19/2023, Entered: 10/19/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Thane Rehn dated October 19, 2023 re: Jury Instructions . Document filed by USA as to Samuel Bankman-Fried. (Rehn, Nathan)
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Filed: None, Entered: None |
set/reset hearings |
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Set/Reset Hearings as to Samuel Bankman-Fried: Jury Trial set for 10/26/2023 at 09:30 AM before Judge Lewis A. Kaplan. (bw)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Samuel Bankman-Fried held on 10/19/2023. Jury Trial held and continued to 10/26/2023 at 9:30 AM. (bw)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Samuel Bankman-Fried held on 10/18/2023. Jury Trial held and continued to 10/19/2023 at 9:30 AM. (Jury Trial set for 10/19/2023 at 09:30 AM before Judge Lewis A. Kaplan) (ap)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Samuel Bankman-Fried held on 10/17/2023. Jury Trial held and continued to 10/18/2023 at 9:30 AM. (Jury Trial set for 10/18/2023 at 09:30 AM before Judge Lewis A. Kaplan) (ap)
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325 |
Filed: 10/16/2023, Entered: 10/17/2023 |
Jury Trial |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Samuel Bankman-Fried held on 10/16/2023. Jury Trial held and continued to 10/17/2023 at 9:30 AM. (lnl)
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324 |
Filed: 10/16/2023, Entered: 10/16/2023 |
Order on Letter Motion |
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ORDER granting [315] LETTER MOTION as to Samuel Bankman-Fried (1). For the reasons stated on the record in open court, the government's motion to preclude the defendant from introducing evidence or argument about the current value of certain investments made by the defendant (Dkt 315) is granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/16/2023) (bw)
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323 |
Filed: 10/15/2023, Entered: 10/15/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated October 15, 2023 re: Medication During Trial . Document filed by Samuel Bankman-Fried. (Cohen, Mark)
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322 |
Filed: 10/13/2023, Entered: 10/13/2023 |
response in opposition to motion |
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LETTER RESPONSE in Opposition by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Thane Rehn dated October 13, 2023 re: [321] LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated October 12, 2023 re: Evidentiary Issues .. (Rehn, Nathan)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Samuel Bankman-Fried held on 10/13/2023. Jury Trial held and continued to 10/16/2023 at 9:30 AM. (Jury Trial set for 10/16/2023 at 09:30 AM before Judge Lewis A. Kaplan) (lnl)
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321 |
Filed: 10/12/2023, Entered: 10/12/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated October 12, 2023 re: Evidentiary Issues . Document filed by Samuel Bankman-Fried. (Cohen, Mark)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Samuel Bankman-Fried held on 10/12/2023. Jury Trial held and continued to 10/13/2023 at 9:30 AM. (jbo)
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320 |
Filed: 10/11/2023, Entered: 10/11/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT as to Samuel Bankman-Fried on re: [309] LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated 10/2/23 re: ruling on motions in limine (ECF No. 289). ENDORSEMENT: Defendant moves for clarification and reconsideration (Dkt 306) regarding portions of the Court's ruling on the parties' motions in limine. The motion is disposed of as follows, the numbered sections of this endorsement corresponding to those of the defendant's motion. 1. Reconsideration is granted. On reconsideration, the Court adheres to its ruling on the prior motion (Dkt 289, 1 15) substantially for the reasons argued by the government in opposition to the defendant's present motion (Dkt 312, 1 I). Among other things, the fact, assuming it to be so, that cryptocurrency exchanges or the cryptocurrency industry in particular are, in a general sense, unregulated in the United States, at least in the same ways as some other financial services industries such as securities exchanges, commodities exchanges, investment advisors, and so on, is irrelevant. Defendant is being prosecuted here for alleged violations of U.S. statutes of general application to all persons and entities the conduct of which comes within the reach of U.S. law, including, for example, wire fraud and conspiracy to violate other applicable statutes. Among other things, he allegedly misappropriated for his own use money that was "entrusted to [his] care by another." United States v. Altman, 48 F.3d 96, 101 (2d Cir. 1995). Even were the evidence that defendant seeks to offer of some relevance, evidence of the lack of the sort of regulation to which defendant refers would be of minimal probative value and would be outweighed substantially by the likelihood of jury confusion, waste of time, and unfair prejudice to the even-handed application of laws of general application to the defendant's alleged conduct. 2. Reconsideration is denied. First, the defendant's reliance on footnote 7 of his opposition to the government's memorandum on the motion in limine is misplaced. Arguments raised only in footnotes (let alone arguments omitted from footnotes) are not properly raised and need not be addressed by the Court. See Fairfield Sentry Ltd. v. Citibank, N.A. 630 F. Supp.3d 463, 496 n.34 (S.D.N.Y. 2022) (citing cases). Second, as the Court already has held, "it is immaterial as a matter of law whether the defendant intended to repay [ or could have repaid] the misappropriated funds because the offense [wa]s complete where, as alleged here, there is an immediate intent to misapply and defraud." 3. Reconsideration is granted but, on reconsideration, the Court adheres to its original ruling with this clarification: The government does not object to the defendant's proffer of admissible evidence regarding charitable or philanthropic efforts provided the evidence is presented for a proper purpose, as opposed to attempting to prove lack of a propensity to commit crime or good. Should controversy arise over particular questions, the Court then will rule as appropriate. 4. Reconsideration is granted but, on reconsideration, the Court adheres to its original ruling. Moreover, and with respect, the defendant has misconstrued the Court's rulings. Properly construed, there is no inconsistency. In the event of a conviction, the Court reserves the right to expand upon its reasoning with respect to these rulings. (Signed by Judge Lewis A. Kaplan on 10/11/2023) (ap)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:Jury Trial as to Samuel Bankman-Fried held on 10/11/2023. Jury Trial held and continued to 10/12/2023 at 9:30 AM. (jw)
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319 |
Filed: 10/10/2023, Entered: 10/10/2023 |
Order on Letter Motion |
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ORDER denying as moot [316] LETTER MOTION examine G Wang re counsel re: [316] LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated October 9, 2023 re: Request to Cross Examine Gary Wang on the Involvement of Counsel . as to Samuel Bankman-Fried (1). (Signed by Judge Lewis A. Kaplan on 10/10/2023) (Kaplan, Lewis)
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318 |
Filed: 10/10/2023, Entered: 10/10/2023, Terminated: 10/27/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated October 10, 2023 re: Request to Cross Examine Caroline Ellison on the Involvement of Counsel . Document filed by Samuel Bankman-Fried. (Cohen, Mark)
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317 |
Filed: 10/10/2023, Entered: 10/10/2023, Terminated: 10/27/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from David Lisner dated October 10, 2023 re: Opposition to Government's Letter Motion re Evidence About Current Value of Investments (Dkt. 315) . Document filed by Samuel Bankman-Fried. (Lisner, David)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:Jury Trial as to Samuel Bankman-Fried held on 10/10/2023. Jury Trial held and continued to 10/11/2023 at 9:30 AM. (jw)
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316 |
Filed: 10/9/2023, Entered: 10/9/2023, Terminated: 10/10/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated October 9, 2023 re: Request to Cross Examine Gary Wang on the Involvement of Counsel . Document filed by Samuel Bankman-Fried. (Everdell, Christian)
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315 |
Filed: 10/8/2023, Entered: 10/8/2023, Terminated: 10/16/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Thane Rehn dated October 8, 2023 re: Motion in Limine Regarding Evidence About Current Value of Investments . Document filed by USA as to Samuel Bankman-Fried. (Rehn, Nathan)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:Jury Trial as to Samuel Bankman-Fried held on 10/6/2023. Jury Trial held and continued to 10/10/2023 at 9:30 AM. (jw)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Samuel Bankman-Fried held on 10/5/2023. Trial held and continued to 10/6/2023 at 9:30 AM. (Jury Trial set for 10/6/2023 at 09:30 AM before Judge Lewis A. Kaplan) (ap)
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314 |
Filed: 10/4/2023, Entered: 10/4/2023 |
Bill of particulars |
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BILL OF PARTICULARS by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh, Ryan Salame . (Raymond, Samuel)
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313 |
Filed: 10/4/2023, Entered: 10/4/2023 |
Order on Letter Motion |
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ORDER denying as moot [300] LETTER MOTION voir dire objections re: [300] LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated September 29, 2023 re: Voir Dire Objections . as to Samuel Bankman-Fried (1). (Signed by Judge Lewis A. Kaplan on 10/4/2023) (Kaplan, Lewis)
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312 |
Filed: 10/4/2023, Entered: 10/4/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh, Ryan Salame addressed to Judge Lewis A. Kaplan re: October 2, 2023 Letter from Defendant re: ruling on motions in limine Document filed by USA. (Raymond, Samuel)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Samuel Bankman-Fried held on 10/4/2023. Jury selection continued, trial begun. Jury of 12 jurors and 6 alternates selected and sworn. Opening arguments heard, Governments case begun. Trial continued to 10/5/2023. (ap)
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311 |
Filed: 10/3/2023, Entered: 10/3/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Conference proceeding held on 9/28/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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310 |
Filed: 10/3/2023, Entered: 10/3/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Conference held on 9/28/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Noah Collin, (212) 805-0320, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/24/2023. Redacted Transcript Deadline set for 11/3/2023. Release of Transcript Restriction set for 1/1/2024. (McGuirk, Kelly)
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309 |
Filed: 10/3/2023, Entered: 10/3/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated October 2, 2023 re: Opposition to Government Letter Motion in Limine re Witness Testimony (Dkt 301) (Cohen, Mark)
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Filed: None, Entered: None |
Voir Dire |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Voir Dire held on 10/3/2023 as to Samuel Bankman-Fried. Jury Selection begun regarding Samuel Bankman-Fried before the Hon. Lewis A. Kaplan held. Defendant Samuel Bankman-Fried present with attorneys Mark S. Cohen, Christian R. Everdell, David Lisner, Sri Khuenlenz, and Stephen Gale Dick. AUSAs Nathan M. Rehn, Danielle R. Sassoon, Nicolas Roos, Samuel Raymond, Andrew Rohrback, and Danielle Kudla, present. Jury selection begun and continued to 10/4/2023. (Court Reporter Kris Sellin and Steve Greenblum) (ap)
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308 |
Filed: 10/2/2023, Entered: 10/2/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated 10/2/23 re: in opposition to ECF No. 302 (Cohen, Mark)
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307 |
Filed: 10/2/2023, Entered: 10/2/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated 10/2/23 re: Government's letter motions in limine (ECF Nos. 301 and 302) (Cohen, Mark)
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306 |
Filed: 10/2/2023, Entered: 10/2/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated 10/2/23 re: ruling on motions in limine (ECF No. 289) (Cohen, Mark)
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305 |
Filed: 10/1/2023, Entered: 10/1/2023 |
Memorandum and Opinion |
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MEMORANDUM & OPINION as to Samuel Bankman-Fried.. (Signed by Judge Lewis A. Kaplan on 10/1/2023)(Kaplan, Lewis)
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304 |
Filed: 10/1/2023, Entered: 10/1/2023 |
Order |
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ORDER as to Samuel Bankman-Fried.. (Signed by Judge Lewis A. Kaplan on 10/1/2023)(Kaplan, Lewis)
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303 |
Filed: 10/1/2023, Entered: 10/1/2023 |
Memorandum and Opinion |
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MEMORANDUM & OPINION as to Samuel Bankman-Fried.. (Signed by Judge Lewis A. Kaplan on 10/1/2023)(Kaplan, Lewis)
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302 |
Filed: 9/30/2023, Entered: 9/30/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Thane Rehn dated September 30, 2023 re: Motion in Limine Regarding Remote Testimony . Document filed by USA as to Samuel Bankman-Fried. (Rehn, Nathan)
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301 |
Filed: 9/30/2023, Entered: 9/30/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Thane Rehn dated September 30, 2023 re: Motion in Limine re Witness Testimony . Document filed by USA as to Samuel Bankman-Fried. (Rehn, Nathan)
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300 |
Filed: 9/29/2023, Entered: 9/29/2023, Terminated: 10/4/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated September 29, 2023 re: Voir Dire Objections . Document filed by Samuel Bankman-Fried. (Cohen, Mark)
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299 |
Filed: 9/29/2023, Entered: 9/29/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated September 29, 2023 re: Witness Immunity (Everdell, Christian)
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298 |
Filed: 9/28/2023, Entered: 9/28/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated September 28, 2023 re: Immunized Witnesses (Cohen, Mark)
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297 |
Filed: 9/28/2023, Entered: 9/28/2023 |
Oral Argument |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:Oral Argument as to Samuel Bankman-Fried held on 9/28/2023 re: [288] LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated September 25, 2023 re: Temporary Release . filed by Samuel Bankman-Fried. Motion denied. Court Exhibit XX - Trial Calendar is attached to this docket entry. (Court Reporter Noah Collin) (Mohan, Andrew) Modified on 9/28/2023 (Mohan, Andrew).
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296 |
Filed: 9/28/2023, Entered: 9/28/2023 |
Order on Letter Motion |
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MEMO ENDORSEMENT [288] LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated September 25, 2023 re: Temporary Release as to Samuel Bankman-Fried....ENDORSEMENT...Denied for reasons stated on the record this date. SO ORDERED (Signed by Judge Lewis A. Kaplan on 9/28/2023) (jw)
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295 |
Filed: 9/27/2023, Entered: 9/27/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh, Ryan Salame addressed to Judge Lewis A. Kaplan from AUSA Danielle Kudla dated 09/27/2023 re: Opp'n to Temporary Release Document filed by USA. (Kudla, Danielle)
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294 |
Filed: 9/27/2023, Entered: 9/27/2023 |
Order |
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ORDER as to Samuel Bankman-Fried. IT IS HEREBY ORDERED that the defendant Samuel Bankman-Fried will be permitted the use of an "air-gapped," internet-disabled laptop solely in order to take notes in Courtroom 26A during his trial commencing October 3, 2023, on the conditions noted above. (Signed by Judge Lewis A. Kaplan on 9/27/2023)(jw)
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293 |
Filed: 9/27/2023, Entered: 9/27/2023 |
Order |
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ORDER as to Samuel Bankman-Fried. IT IS HEREBY ORDERED that the USMS and/or MDC permit and make appropriate arrangements for the defendant to wear business attire clothing while he is in Courtroom 26A for the duration of his criminal trial commencing October 3, 2023; and IT IS FURTHER ORDERED that the USMS and/or MDC accept and maintain on the defendant's behalf the following articles of clothing to be provided by defense counsel: three (3) suits (consisting of slacks and jackets); four (4) dress shirts; three (3) ties; one ( 1) belt; four (4)pairs of socks; two (2) pairs of shoes; and appropriate undergarments. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/27/2023)(jw)
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292 |
Filed: 9/27/2023, Entered: 9/27/2023 |
Order on Letter Motion |
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MEMO ENDORSEMENT [291] LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 9/26/23 re: Business Attire Clothing at Trial as to Samuel Bankman-Fried....ENDORSEMENT...Granted. SO ORDERED (Signed by Judge Lewis A. Kaplan on 9/27/23) (jw)
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Filed: None, Entered: None |
set/reset deadlines/hearings |
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Set Hearings as to Samuel Bankman-Fried: Oral Argument set for 9/28/2023 at 10:00 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan regarding the defendant's motion for temporary release. The defendant's presence is not required. (Mohan, Andrew)
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291 |
Filed: 9/26/2023, Entered: 9/26/2023, Terminated: 9/27/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 9/26/23 re: Business Attire Clothing at Trial . Document filed by Samuel Bankman-Fried. (Attachments: # (1) Appendix A - Proposed Order)(Everdell, Christian)
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290 |
Filed: 9/26/2023, Entered: 9/26/2023 |
Order |
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ORDER as to Samuel Bankman-Fried. Any response to the defense's September 25, 2023 application regarding temporary release of the defendant pursuant to 18 U.S.C. § 3l42(i) shall be filed no later than September 27, 2023 at 5 p.m. ( Responses due by 9/27/2023) (Signed by Judge Lewis A. Kaplan on 9/26/2023)(jw)
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289 |
Filed: 9/26/2023, Entered: 9/26/2023 |
order on motion in limine |
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MEMORANDUM AND ORDER ON IN LIMINE MOTIONS as to Samuel Bankman-Fried. Defendant awaits trial on two substantive counts of wire fraud in violation of 18 U.S.C §§ 1343 and 2, as well as five conspiracy counts alleging conspiracies to commit wire fraud, securities fraud, commodities fraud, and money laundering. The matter is before the Court on motions in limine by the government and by the defendant. (Dkts 204, 206). Accordingly, the government's motion in limine (Dkt 204) is granted in part and denied in part as set forth above. The defendants motion in limine (Dkt 206) is denied, but without prejudice to renewal at trial to the extent indicated above. SO ORDERED (Signed by Judge Lewis A. Kaplan on 9/26/2023) (jw)
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288 |
Filed: 9/25/2023, Entered: 9/25/2023, Terminated: 9/28/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated September 25, 2023 re: Temporary Release . Document filed by Samuel Bankman-Fried. (Cohen, Mark)
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287 |
Filed: 9/21/2023, Entered: 9/21/2023 |
Order |
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ORDER ON MOTIONS TO EXCLUDE PROPOSED EXPERT TESTIMONY as to Samuel Bankman-Fried: the Government's motions in limine (Dkt 236) are GRANTED to the extent set forth above and otherwise DENIED. The defendant's motion in limine to exclude the testimony of Mr. Easton (Dkt. 232) is DENIED. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/21/2023) (lnl)
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286 |
Filed: 9/20/2023, Entered: 9/20/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh, Ryan Salame on [285] LETTER by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh, Ryan Salame addressed to Judge Lewis A. Kaplan from AUSA Danielle R. Sassoon dated September 19, 2023 re: trial schedule. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/20/2023) (lnl)
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285 |
Filed: 9/19/2023, Entered: 9/19/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh, Ryan Salame addressed to Judge Lewis A. Kaplan from AUSA Danielle R. Sassoon dated September 19, 2023 re: trial schedule Document filed by USA. (Sassoon, Danielle)
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284 |
Filed: 9/18/2023, Entered: 9/18/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ryan Salame. Notice is hereby given that an official transcript of a Plea proceeding held on 9/7/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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283 |
Filed: 9/18/2023, Entered: 9/18/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Ryan Salame re: Plea held on 9/7/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/10/2023. Redacted Transcript Deadline set for 10/19/2023. Release of Transcript Restriction set for 12/18/2023. (McGuirk, Kelly)
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282 |
Filed: 9/15/2023, Entered: 9/15/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Danielle R. Sassoon dated September 15, 2023 re: voir dire Document filed by USA. (Sassoon, Danielle)
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281 |
Filed: 9/15/2023, Entered: 9/15/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh, Ryan Salame addressed to Judge Lewis A. Kaplan from AUSA Danielle Kudla dated 09/15/2023 re: Courtroom IT Requests Document filed by USA. (Attachments: # (1) Proposed Order Proposed Order)(Kudla, Danielle)
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280 |
Filed: 9/13/2023, Entered: 9/13/2023 |
Order on Letter Motion |
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ORDER denying as moot [228] LETTER MOTION objections re: [228] LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 8/25/23 re: Access to Discovery . as to Samuel Bankman-Fried (1). (Signed by Judge Lewis A. Kaplan on 9/13/2023) (Kaplan, Lewis)
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279 |
Filed: 9/13/2023, Entered: 9/13/2023 |
Order |
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ORDER as to (22-Cr-673-01) Samuel Bankman-Fried. The start of the jury selection is ordered delayed by one day from October 2 to October 3, 2023 at 9:30 AM. SO ORDERED. ( Jury Selection set for 10/3/2023 at 09:30AM before Judge Lewis A. Kaplan. ) (Signed by Judge Lewis A. Kaplan on 9/13/2023)(bw)
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Filed: None, Entered: None |
terminate deadlines and hearings |
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Terminate Deadlines and Hearings as to Samuel Bankman-Fried (1): Terminated Jury Trial set for 10/2/2023 at 09:30 AM before Judge Lewis A. Kaplan. (bw)
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278 |
Filed: 9/12/2023, Entered: 9/12/2023 |
Order on Letter Motion |
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MEMO ENDORSEMENT as to Samuel Bankman-Fried (1) denying [271] LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated September 8, 2023 re: Follow-Up on Discovery Access Letter and Request for Temporary Release. ENDORSEMENT: Defendant here seeks to be released from pretrial detention pursuant to 18 U.S.C. 3142(i), implicitly arguing that the Court should find that "such release [is] necessary for preparation of [defendant's] defense" for the trial scheduled to begin on October 3, 2023. The defendant, however, has not provided sufficient basis for such a finding despite his relatively unsupported claims that he does not have unimpeded access to electronically stored discovery and other material (collectively, "ESI") while detained and a variety of other arguments. First, defendant largely ignores the fact that he had extensive access to most of the ESI for 7-1/2 months before his bail was revoked shortly before trial. He was indicted on December 9, 2022. The indictment was unsealed on December 13, and defendant was presented in this Court on December 22, 2022 following his extradition from the Bahamas. He immediately was released on bail and permitted to reside in his parents' home in Palo Alto, California, where he had extensive access to telephone and the Internet until his bail was revoked on August 11, 2023. Thus, whatever impediments defendant may have experienced in preparing for trial since August 11, he faced no such impediments during the roughly 7-1/2 months between his presentment to this Court and the revocation of his bail. Apart from the fact that the government - in order to comply with its obligation to produce Rule 16 discovery requested by the defendant promptly after receiving it from third parties - has continued to produce documents I in recent weeks, defendant had months in which to explore the discovery and make whatever other investigations he wished by electronic means. Tr., Aug. 30, 2023 [Dkt 249], at 11 :9-12:6. There has been no persuasive showing that this did not permit him to prepare for trial except to the extent that some of the materials now available had not been produced by the government until recently. Moreover, the recently produced documents are text searchable indexed productions, the majority of which came from the defendant's own Google accounts and therefore were accessible to the defendant long before the government received those ve1y same materials in a late production from Google. Tr., Aug. 30, 2023 [Dkt 249], at 12: 1-12: 16. Second, whatever time pressure defendant now claims to face given the imminence of the trial date and the claimed limitations on his access to ESI while incarcerated largely would be of his own making. When this case first came before the undersigned last January, both the government and the defendant sought a trial in September or October 2023. Tr., Jan. 3, 2023 [Dkt 38], at 8:22-9:3. The Court gave them what they asked for- an October 2 trial date (id. at 10:7-10), subsequently adjusted to October 3. And when the defendant began complaining that his recent incarceration made trial preparation by that date more difficult for him, the Court offered to consider any request by the defendant for a substantial adjournment of the trial to give him more time in which to prepare. Tr., Aug. 30, 2023 [Dkt 249], at 20:9-21 :25. Yet defendant conspicuously failed to request any additional time. Third, the premise of defendant's position here is that he personally is entitled to review and consider every single piece of the discovery in this case, to generate unspecified work product in respect thereof, and so on. But the premise is incorrect. Defendant is represented by a substantial team of extremely able retained lawyers. He proposes to call at trial seven expert witnesses. And no represented defendant, much less a defendant detained pretrial in order to protect the public, has a constitutional or other right to inspect eve1y bit of discove1y. United States v. Ingram, 2021 WL4134828, at *3 (N.D. Cal. Sept. 10, 202l); Mackey v. Hanson, 2019 WL5894306, at *8 (D. Colo. Nov.12, 2019) ("criminal defendants are not accorded an unqualified right to personally review all discovery materials"); United States v. Thompson, 2013 WL 1809659, at* 5-6 (D. Me. Apr. 29, 2013) (there are no cases holding that the Constitution or Rule 11 "require[] that a defendant represented by a lawyer must personally see all the discovery... or even the discove1y that [the defendant] asks to see") (alterations in original); United States v. Faulkner, 2011 WL 3962513, at *4 (N.D. Tex. Sept. 8, 2011); Baker v. McKee, 2009 WL 1269628 (E.D. Mich. Apr. 30, 2009) (criminal defendant has no independent right to own copy of discoverable documents when represented by counsel); see Rodriguez v. United States, 2013 WL 3388223, at *6 (S.D.N.Y. July 8, 2013) ("[d]efense counsel is not required to present a defendant, for his review, with all discovery material that defense counsel acquires"); Standard Criminal Discovery Order, Case No. 3 :20-MC- 52, 2020 WL 1659564, at *4 (W.D.N.C. Mar. 23, 2000) (same). Finally, as the Court suggested in remarks on August 30, 2023 (Tr., Aug. 30, 2023 [Dkt 249], at 20:20-21: 1), and as remains true today, the defendant has not made any detailed showing as to specific materials that he claims he has been unable to access personally and the reasons why any such personal inability actually would impede his defense. Generalities about millions of pages without connecting those dots simply is not persuasive. Defendant's team of lawyers is able to provide defendant with any materials that he would like to review on hard drives at the MDC. There has been no suggestion that counsel is incapable of running any searches across the Relativity or A WS databases that defendant may desire and then providing him with the results.. For all of these reasons, defendant's repeated Section 3142(i) requests to be released for trial preparation purposes are denied. This ruling does not foreclose a further application on a more factually grounded and persuasive showing. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/12/2023) (lnl)
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277 |
Filed: 9/12/2023, Entered: 9/12/2023 |
Order on Letter Motion |
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ORDER denying [233] LETTER MOTION preclude govt use of documents produced after 7/1/2023 re: [233] LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated August 28, 2023 re: Discovery . as to Samuel Bankman-Fried (1). (Signed by Judge Lewis A. Kaplan on 9/12/2023) (Kaplan, Lewis)
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276 |
Filed: 9/11/2023, Entered: 9/11/2023 |
Declaration in Opposition to Motion |
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DECLARATION of Christian R. Everdell in Opposition as to Samuel Bankman-Fried re: [236] MOTION to Exclude the Testimony of the Defendant's Expert Witnesses.. (Attachments: # (1) Exhibit 1 to Everdell Declaration, # (2) Exhibit 2 to Everdell Declaration, # (3) Exhibit 3 to Everdell Declaration, # (4) Exhibit 4 to Everdell Declaration, # (5) Exhibit 5 to Everdell Declaration, # (6) Exhibit 6 to Everdell Declaration, # (7) Exhibit 7 to Everdell Declaration, # (8) Exhibit 8 to Everdell Declaration, # (9) Exhibit 9 to Everdell Declaration, # (10) Exhibit 10 to Everdell Declaration)(Everdell, Christian)
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275 |
Filed: 9/11/2023, Entered: 9/11/2023 |
MEMORANDUM in Opposition to Motion |
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MEMORANDUM in Opposition by Samuel Bankman-Fried re [236] MOTION to Exclude the Testimony of the Defendant's Expert Witnesses.. (Samuel Bankman-Fried's Memorandum of Law in Opposition to Government's Motions to Exclude Expert Testimony) (Cohen, Mark)
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274 |
Filed: 9/11/2023, Entered: 9/11/2023 |
Proposed Examination of Jurors |
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PROPOSED EXAMINATION OF JURORS by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh, Ryan Salame. (Raymond, Samuel)
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273 |
Filed: 9/11/2023, Entered: 9/11/2023 |
Proposed Voir Dire Questions |
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Proposed Voir Dire Questions by Samuel Bankman-Fried. (Cohen, Mark)
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272 |
Filed: 9/11/2023, Entered: 9/11/2023 |
MEMORANDUM in Opposition to Motion |
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MEMORANDUM in Opposition by USA as to Samuel Bankman-Fried re [232] MOTION to Exclude Government Expert Peter Easton.. (Roos, Nicolas)
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271 |
Filed: 9/8/2023, Entered: 9/8/2023, Terminated: 9/12/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated September 8, 2023 re: Follow-Up on Discovery Access Letter and Request for Temporary Release . Document filed by Samuel Bankman-Fried. (Cohen, Mark)
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270 |
Filed: 9/7/2023, Entered: 9/8/2023 |
Order |
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ORDER SETTING TERMS OF RELEASE as to Ryan Salame. It is hereby ordered that, pending trial, the defendant be released on the following conditions, as agreed by the parties: $1,000,000 personal recognizance bond, to be cosigned by two financially responsible persons. Surrender of the defendant's passport and any other travel documents to Pretrial Services. The defendant shall make no new applications for a passport or other travel document. Pretrial supervision as directed by pretrial services in the District of residence. Defendant is not to possess any firearms or destructive devices. The defendant may be released on his own signature, with the cosigners to sign the bond no later than September 14, 2023. (Signed by Judge Lewis A. Kaplan on 9/7/2023)(jw)
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269 |
Filed: 9/7/2023, Entered: 9/7/2023 |
bond |
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APPEARANCE Bond Entered as to Ryan Salame. $1,000,000 personal recognizance bond; To be co-signed by two financially responsible persons. Additional conditions... (joe) (Main Document 269 replaced on 9/22/2023) (Bonano, Josephine).
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268 |
Filed: 9/7/2023, Entered: 9/7/2023 |
Order for Forfeiture of Property |
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CONSENT PRELIMINARY ORDER FOR FORFEITURE AS TO SUBSTITUTE ASSETS/MONEY JUDGMENT as to Ryan Salame.As a result of the offsens charged in Count two of the Information towhich the Defendant plea guilty, a money judgment in the amount of $1,555,183,143 in U. S. currency. (Signed by Judge Lewis A. Kaplan on 9/7/23)(jm)
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267 |
Filed: 9/7/2023, Entered: 9/7/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT as to Ryan Salame re: Motion for Admission Pro Hac Vice...ENDORSEMENT...Granted. SO ORDERED (Signed by Judge Lewis A. Kaplan on 9/7/2023)(jw)
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266 |
Filed: 9/7/2023, Entered: 9/7/2023, Terminated: 9/7/2023 |
Motion to Appear Pro Hac Vice |
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MOTION FOR ADMISSION PRO HAC VICE for Jason Linder to Appear Pro Hac Vice (jw)
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265 |
Filed: 9/7/2023, Entered: 9/7/2023 |
Waiver of Indictment |
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WAIVER OF INDICTMENT by Ryan Salame. (jm)
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264 |
Filed: 9/7/2023, Entered: 9/7/2023 |
Order |
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Brady ORDER as to Ryan Salame. (Signed by Judge Lewis A. Kaplan on 9/7/23)(jm)
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263 |
Filed: 9/7/2023, Entered: 9/7/2023 |
Order |
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ORDER Setting Terms of Release as to Ryan Salame. The Defendant shall be released as follows: $1,000,000 PRB cosigned by two financially responsible persons; surrender of Defendant's passport and other travel documents to PTS; Defendant shall make no new applications for a passport or other travel documents; supervision as directed by PTS in District of residence; Defendant shall not posses firearm/destructive device/other weapon. The Defendant may be released on his own signature with cosigners to sign the bond no later than September 14, 2023. (Signed by Judge Lewis A. Kaplan on 9/7/23)(jm)
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262 |
Filed: 9/7/2023, Entered: 9/7/2023 |
information - felony |
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S(7) INFORMATION (Felony) filed as to Ryan Salame (5) count(s) 1, 2. (jm)
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261 |
Filed: 9/7/2023, Entered: 9/7/2023 |
notice of attorney appearance - defendant |
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NOTICE OF ATTORNEY APPEARANCE: Alexandra Theobald appearing for Samuel Bankman-Fried. Appearance Type: Retained. (Theobald, Alexandra)
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260 |
Filed: 9/7/2023, Entered: 9/7/2023 |
notice of attorney appearance - defendant |
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NOTICE OF ATTORNEY APPEARANCE: Drew Dean appearing for Samuel Bankman-Fried. Appearance Type: Retained. (Dean, Drew)
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259 |
Filed: 9/7/2023, Entered: 9/7/2023 |
Sealed document |
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SEALED DOCUMENT placed in vault. (jus)
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258 |
Filed: 9/7/2023, Entered: 9/7/2023 |
Sealed document |
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SEALED DOCUMENT placed in vault. (jus)
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257 |
Filed: 9/7/2023, Entered: 9/7/2023 |
Sealed document |
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SEALED DOCUMENT placed in vault. (jus)
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Filed: None, Entered: None |
Add and Terminate Attorneys |
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Attorney update in case as to Ryan Salame. Attorney Gina Marie Parlovecchio for Ryan Salame added.. (jm)
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Filed: None, Entered: None |
arraignment |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:Arraignment held on 9/7/2023. Arraignment regarding defendant Ryan Salame (05) before the Hon. Lewis A. Kaplan held.Defendant Ryan Saleme present with attorneys Jason Linder and Gina Parlovecchio. AUSAsDanielle R. Sassoon, Nicolas Roos, Samuel Raymond, and Danielle Kudla, present. Pretrial ServicesOfficer Christina Venable present. Court reporter Pamela Utter present. Defendant entered a plea of Guilty. (Court Reporter pam Utter) (jm)
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Filed: None, Entered: None |
initial appearance |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Defendant appears with counsels Jason Linder and Gina Parlovecchio; AUSAs Sassoon, Nicolas Roos, Samuel Raymond and Danielle Kudla PTSO Christina Venablle are also present. Pro Hac Vice order admitting attorney Jason Linder was granted. The Government filed, in open Court the S(7) Superseding Information and Waiver of Indictment. The Court gave an oral Rule 5(f) warning to the Government. Initial Appearance as to Ryan Salame held on 9/7/2023., Plea entered by Ryan Salame (5) Guilty as to Count 1,2., as to Ryan Salame A written bail order was issued. The Defense submission is due one (1) week ahead of sentencing and the Governments is due three (3) weeks ahead of sentencing. Defendant released on bond. ( Offense Conduct to be submitted to Probation on 11/22/2023., Sentencing set for 3/6/2024 at 03:00 PM before Judge Lewis A. Kaplan.) (Court Reporter Pamela Utter) (jm)
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Filed: None, Entered: None |
arrest |
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Arrest/Surrender of Ryan Salame. (jm)
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256 |
Filed: 9/6/2023, Entered: 9/6/2023, Terminated: 11/21/2023 |
USCA Order - Other |
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ORDER of USCA (Certified Copy) as to Samuel Bankman-Fried re: [199] Notice of Appeal - Interlocutory. USCA Case Number 23-6914. Appellant Samuel Bankman-Fried moves for pretrial release and for his immediate release pending disposition of this appeal. The Government opposes the motion. IT IS HEREBY ORDERED that the motion for pretrial release is REFERRED to the next available three-judge panel. To the extent Appellant requests his immediate release pending decision by the three-judge panel, that request is DENIED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Certified: 09/06/2023. (nd)
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255 |
Filed: 9/6/2023, Entered: 9/6/2023 |
Order |
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ORDER as to Samuel Bankman-Fried... Accordingly, the defendant shall advise the Court by letter no later than September 8 whether defendant claims that any factual statement contained in the government's September 5, 2023 letter is inaccurate in any way, shall identify each such statement, and shall state the basis for each such claim. So Ordered. (Signed by Judge Lewis A. Kaplan on 9/6/23)(jbo)
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254 |
Filed: 9/5/2023, Entered: 9/5/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated September 5, 2023 re: Response to Court's Joint Discovery Access Report Request (Cohen, Mark)
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253 |
Filed: 9/5/2023, Entered: 9/5/2023 |
Letter |
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JOINT LETTER by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh addressed to Judge Lewis A. Kaplan from AUSA Danielle Kudla dated 09/05/2023 re: Detention Discovery Access Document filed by USA. (Kudla, Danielle)
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252 |
Filed: 9/5/2023, Entered: 9/5/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Arraignment proceeding held on 8/22/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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251 |
Filed: 9/5/2023, Entered: 9/5/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Arraignment held on 8/22/2023 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Doug Colavito, (212) 805-0320, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/26/2023. Redacted Transcript Deadline set for 10/6/2023. Release of Transcript Restriction set for 12/4/2023. (McGuirk, Kelly)
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Save 25% on a pre-paid one year subscription. |
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250 |
Filed: 9/5/2023, Entered: 9/5/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Conference proceeding held on 8/30/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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249 |
Filed: 9/5/2023, Entered: 9/5/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Conference held on 8/30/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/26/2023. Redacted Transcript Deadline set for 10/6/2023. Release of Transcript Restriction set for 12/4/2023. (McGuirk, Kelly)
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248 |
Filed: 9/5/2023, Entered: 9/5/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh on re: [211] filed by USA...ENDORSEMENT...The parties shall compy with this proposes schedule. The Clerk shall terminate Dkt 211 as moot (Signed by Judge Lewis A. Kaplan on 9/3/23)(jw)
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247 |
Filed: 9/1/2023, Entered: 9/1/2023 |
Declaration in Support of Motion |
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DECLARATION of Christian R. Everdell in Support as to Samuel Bankman-Fried re: [206] MOTION in Limine by Samuel Bankman-Fried.. (Attachments: # (1) Exhibit A to Everdell Declaration, # (2) Exhibit B to Everdell Declaration)(Everdell, Christian)
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246 |
Filed: 9/1/2023, Entered: 9/1/2023 |
MEMORANDUM in Opposition to Motion |
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MEMORANDUM in Opposition by Samuel Bankman-Fried re [204] MOTION in Limine .. (Samuel Bankman-Fried's Memorandum of Law in Opposition to Government's Motions in Limine) (Cohen, Mark)
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245 |
Filed: 9/1/2023, Entered: 9/1/2023 |
MEMORANDUM in Opposition to Motion |
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MEMORANDUM in Opposition by USA as to Samuel Bankman-Fried re [206] MOTION in Limine by Samuel Bankman-Fried.. (Rehn, Nathan)
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244 |
Filed: 9/1/2023, Entered: 9/1/2023 |
notice of attorney appearance - defendant |
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NOTICE OF ATTORNEY APPEARANCE: Sharon L Barbour appearing for Samuel Bankman-Fried. Appearance Type: Retained. (Barbour, Sharon)
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243 |
Filed: 9/1/2023, Entered: 9/1/2023 |
Letter |
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JOINT LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Nicolas Roos dated September 1, 2023 re: Advice of Counsel Notice Document filed by USA. (Roos, Nicolas)
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242 |
Filed: 9/1/2023, Entered: 9/1/2023 |
Order |
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INTERLOCUTORY SALE ORDER as to Samuel Bankman-Fried.... NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. The proposed SPA is an appropriate, beneficial, commercially feasible interlocutory sale of the Robinhood Shares, and is in the best interests of the relevant stakeholders. 2. If the proposed SPA fails, the USMS or their designees are authorized to conduct an interlocutory sale of the Robinhood Shares in a commercially feasible manner and with reasonable notice to FTX, Emergent, BlockFi, and Bankman-Fried. Among the means of such an interlocutory sale, the USMS or their designees are authorized to pursue a private sale of the Robinhood Shares. 3. The net proceeds realized from the sale of the Robinhood Shares, and any and all income or interest accrued thereon, shall be the substitute res for the Robinhood Shares. The term "net proceeds" shall mean the net amount realized from the interlocutory sale, after the payment of all costs and disbursements related to the sale of the Robinhood Shares, including any costs incurred by the Federal Bureau of Investigation, USMS, or their designees in connection with the sale. The net proceeds shall be deposited and maintained in the Seized Asset Deposit Fund pending resolution of the instant case and any related forfeiture proceedings, or further order from the Court. 4. In any forfeiture proceedings, the net proceeds from the sale of the Robinhood Shares (the "Substitute Res") shall be treated in all respects as though they are the Robinhood Shares, with all claims, interests, and defenses applicable to the Robinhood Shares or claims by third parties, to apply instead to the Substitute Res and any and all claims to, or secured by, or interests in, the Robinhood Shares shall be paid, if at all, from the Substitute Res. Upon consummation of any transfer of the Robinhood Shares in accordance with this Order, the title to the Robinhood Shares shall transfer free and clear of any claims, interests, liens, and encumbrances. 5. The Government may, in its sole discretion, reject any offer to purchase the Robinhood Shares should the Government: (i) determine that the offer is made by, on behalf of, or in aid of any person involved in or associated with the criminal activity alleged as the basis for forfeiture in this matter; or (ii) deem that the proposed sale and purchase does not constitute an arms-length transaction. 6. The Government shall provide notice of consummation of the transfer of the Robinhood Shares in accordance with this Order within two business days of such transfer, and upon such notice, this filing will be unsealed. 7. This Court shall have exclusive jurisdiction over the interpretation and enforcement of this Order for the Interlocutory Sale of the Robinhood Shares. This Court shall further retain jurisdiction in this matter to take additional action and enter further orders as necessary to implement and enforce this Order. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 8/28/2023) (bw)
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241 |
Filed: 8/31/2023, Entered: 8/31/2023 |
Order |
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ORDER as to Samuel Bankman-Fried. For the reasons stated on the record in open court, the defendant's Motion in Limine No. 1 (set forth in Dkt 206) is denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/31/2023)(bw)
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240 |
Filed: 8/30/2023, Entered: 8/30/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated August 30, 2023 re: Discovery and Advice of Counsel Defense (Cohen, Mark)
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Filed: None, Entered: None |
Oral Argument |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Oral Argument as to Samuel Bankman-Fried held on 8/30/2023. Attorneys Mark S. Cohen and Christian R. Everdell present for Defendant Samuel Bankman-Fried. AUSAs Nathan M. Rehn, Danielle R. Sassoon, Nicolas Roos, Samuel Raymond, and Danielle Kudla, present (Defendant not in attendance). Court Reporter Alena Lynch present. Oral Argument held (via Teams video conference). Joint letter regarding advice-of-counsel defense due September 1, 2023. Joint letter regarding access to discovery due September 5, 2023. (Court Reporter Alena Lynch) (ap)
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239 |
Filed: 8/29/2023, Entered: 8/29/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Nicolas Roos dated August 29, 2023 re: Advice of Counsel Notice Document filed by USA. (Roos, Nicolas)
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238 |
Filed: 8/29/2023, Entered: 8/29/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh addressed to Judge Lewis A. Kaplan from AUSA Danielle Kudla dated 08/29/2023 re: Discovery Access Document filed by USA. (Kudla, Danielle)
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237 |
Filed: 8/29/2023, Entered: 8/29/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Thane Rehn dated August 29, 2023 re: Defendant's Motion in Limine Regarding Discovery Document filed by USA. (Rehn, Nathan)
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236 |
Filed: 8/28/2023, Entered: 8/28/2023, Terminated: 9/21/2023 |
Motion to exclude |
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MOTION to Exclude the Testimony of the Defendant's Expert Witnesses. Document filed by USA as to Samuel Bankman-Fried. (Attachments: # (1) Exhibit A - Expert Notice of Lawrence Akka, # (2) Exhibit B - Expert Notice of Thomas Bishop, # (3) Exhibit C - Expert Notice of Brian Kim, # (4) Exhibit D - Expert Notice of Joseph Pimbley, # (5) Exhibit E - Expert Notice of Bradley Smith, # (6) Exhibit F - Expert Notice of Peter Vinella, # (7) Exhibit G - Expert Notice of Andrew Di Wu, # (8) Exhibit H - Defendants Rebuttal Notice, # (9) Exhibit I - Expert Notice of Peter Easton)(Roos, Nicolas)
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235 |
Filed: 8/28/2023, Entered: 8/28/2023 |
Declaration in Support of Motion |
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DECLARATION of David F. Lisner in Support as to Samuel Bankman-Fried re: [232] MOTION to Exclude Government Expert Peter Easton.. (Attachments: # (1) Exhibit 1 to Lisner Declaration)(Cohen, Mark)
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234 |
Filed: 8/28/2023, Entered: 8/28/2023 |
memorandum in support of motion |
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MEMORANDUM in Support by Samuel Bankman-Fried re [232] MOTION to Exclude Government Expert Peter Easton.. (Memorandum of Law in Support of Samuel Bankman-Fried's Motion to Exclude Government Expert Peter Easton) (Cohen, Mark)
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233 |
Filed: 8/28/2023, Entered: 8/28/2023, Terminated: 9/12/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated August 28, 2023 re: Discovery . Document filed by Samuel Bankman-Fried. (Everdell, Christian)
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232 |
Filed: 8/28/2023, Entered: 8/28/2023, Terminated: 9/21/2023 |
Motion to exclude |
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MOTION to Exclude Government Expert Peter Easton. Document filed by Samuel Bankman-Fried. (Cohen, Mark)
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231 |
Filed: 8/28/2023, Entered: 8/28/2023 |
Order |
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ORDER as to Samuel Bankman-Fried. Oral Argument is set for August 30, 2023 at 1:00 p.m. via video conference before the undersigned. Counsel of record have been sent an email invite to participate by video. Public, press, and non-participating attorneys may dial in on the Court's AT&T conference line, 1-888-363-4749 with conference ID 7664205#, in order to listen to audio of the hearing. Participants and listeners are advised that any recording or rebroadcasting of the hearing, in whole or in part, is prohibited by Court rules. All AT&T callers will be muted upon joining. SO ORDERED. ( Oral Argument set for 8/30/2023 at 01:00 PM before Judge Lewis A. Kaplan. ) (Signed by Judge Lewis A. Kaplan on 8/28/2023)(bw)
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230 |
Filed: 8/26/2023, Entered: 8/26/2023 |
Order |
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ORDER as to Samuel Bankman-Fried. Follows oral order of 8/26/2023.. (Signed by Judge Lewis A. Kaplan on 8/26/2023)(Kaplan, Lewis)
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229 |
Filed: 8/26/2023, Entered: 8/26/2023 |
Order |
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ORDER as to Samuel Bankman-Fried.. (Signed by Judge Lewis A. Kaplan on 8/26/2023)(Kaplan, Lewis)
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228 |
Filed: 8/25/2023, Entered: 8/25/2023, Terminated: 9/13/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 8/25/23 re: Access to Discovery . Document filed by Samuel Bankman-Fried. (Everdell, Christian)
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227 |
Filed: 8/25/2023, Entered: 8/25/2023 |
Order on Letter Motion |
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MEMO ENDORSEMENT as to Samuel Bankman-Fried (1) granting [226] LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 8/24/23 re: Extension of Time. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 8/25/2023) (ap)
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Filed: None, Entered: None |
***Set/Reset Deadlines |
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Set/Reset Deadlines as to Samuel Bankman-Fried: Responses due by 9/1/2023. (ap)
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226 |
Filed: 8/24/2023, Entered: 8/24/2023, Terminated: 8/25/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 8/24/23 re: Extension of Time . Document filed by Samuel Bankman-Fried. (Everdell, Christian)
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225 |
Filed: 8/23/2023, Entered: 8/23/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Conference proceeding held on 8/11/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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224 |
Filed: 8/23/2023, Entered: 8/23/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Conference held on 8/11/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/13/2023. Redacted Transcript Deadline set for 9/25/2023. Release of Transcript Restriction set for 11/21/2023. (McGuirk, Kelly)
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223 |
Filed: 8/23/2023, Entered: 8/23/2023 |
Order |
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INTERIM ORDER RE DEFENDANT'SACCESS TO DISCOVERY MATERIALS as to Samuel Bankman-Fried. Pending the Court's resolution of the dispute between the government and the defendant concerning defendant's access to discovery materials in view of his detention 1 and unless otherwise ordered, the government and the USMS shall make available to the defendant, if he elects to avail himself of the government's offer set out in the last three paragraphs of the government's letter of August 18, 2023, the accommodations there set forth commencing August 21, 2023. To whatever extent the defendant elects to meet with counsel in the courthouse cell block, he shall give notice to the government and the USMS at least 48 hours in advance of any requested meeting date. (Signed by Judge Lewis A. Kaplan on 8/23/2023) (ap)
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222 |
Filed: 8/23/2023, Entered: 8/23/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated August 23, 2023 re: Advice of Counsel Defense (Cohen, Mark)
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Filed: None, Entered: None |
Note Regarding Deleted Document |
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***DELETED DOCUMENT. Deleted document number 225. " NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Conference proceeding held on 8/11/2023 has been filed by the court reporter/transcriber in the above-captioned matter," as to Samuel Bankman-Fried. The document was incorrectly filed in this case. (bw)
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Filed: None, Entered: None |
Note Regarding Deleted Document |
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***DELETED DOCUMENT. Deleted document number 224. "TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Conference held on 8/11/2023 before Judge Lewis A. Kaplan," as to Samuel Bankman-Fried. The document was incorrectly filed in this case. (bw)
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221 |
Filed: 8/22/2023, Entered: 8/22/2023 |
Order on Letter Motion |
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ORDER denying as moot [105] LETTER MOTION bail condition modifications etc. re: [105] LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated March 8, 2023 re: Bail Conditions, Database Access, and Motions Schedule . as to Samuel Bankman-Fried (1). (Signed by Judge Lewis A. Kaplan on 8/22/2023) (Kaplan, Lewis)
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220 |
Filed: 8/22/2023, Entered: 8/22/2023 |
Order on Letter Motion |
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ORDER denying as moot [73] LETTER MOTION bail condition modifications re: [73] LETTER MOTION addressed to Judge Lewis A. Kaplan from Nicolas Roos dated February 15, 2023 re: Modification of Bail Conditions . as to Samuel Bankman-Fried (1). (Signed by Judge Lewis A. Kaplan on 8/22/2023) (Kaplan, Lewis)
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219 |
Filed: 8/22/2023, Entered: 8/22/2023 |
Order on Letter Motion |
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ORDER denying as moot [72] LETTER MOTION bail condition modification re: [72] LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated February 15, 2023 re: bail conditions . as to Samuel Bankman-Fried (1). (Signed by Judge Lewis A. Kaplan on 8/22/2023) (Kaplan, Lewis)
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218 |
Filed: 8/22/2023, Entered: 8/22/2023 |
Order on Letter Motion |
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ORDER granting [182] LETTER MOTION sealing certain documents re: [182] LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated 7/27/23 re: Request to Seal Documents . as to Samuel Bankman-Fried (1). (Signed by Judge Lewis A. Kaplan on 8/22/2023) (Kaplan, Lewis)
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217 |
Filed: 8/22/2023, Entered: 8/22/2023 |
Order on Letter Motion |
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ORDER denying as moot [174] LETTER MOTION modification of bail conditions re household guests re: [174] LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated July 13, 2023 re: Household Guests . as to Samuel Bankman-Fried (1). (Signed by Judge Lewis A. Kaplan on 8/22/2023) (Kaplan, Lewis)
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216 |
Filed: 8/22/2023, Entered: 8/22/2023 |
Order on Letter Motion |
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ORDER denying as moot [185] LETTER MOTION opposiition to govt motion re: [185] LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated August 1, 2023 re: Opposition to Government's Letter Motion for an Order of Detention . as to Samuel Bankman-Fried (1). (Signed by Judge Lewis A. Kaplan on 8/22/2023) (Kaplan, Lewis)
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Filed: None, Entered: None |
arraignment |
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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Deft. appears with counsels Mark Cohen and Christian Everdell; AUSAs Danielle Kudla and Danielle Sassoon are also present. Arraignment as to Samuel Bankman-Fried (1) Count 1sss,2sss,3sss,4sss,6sss,7sssSamuel Bankman-Fried (1) Count 1sss,2sss,3sss,4sss,5sss,6sss,7sss held on 8/22/2023., Plea entered by Samuel Bankman-Fried (1) Count 1sss,2sss,3sss,4sss,6sss,7sssSamuel Bankman-Fried (1) Count 1sss,2sss,3sss,4sss,5sss,6sss,7sss Not Guilty. Speedy Trial Time excluded until 10/3/23. (jm)
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215 |
Filed: 8/21/2023, Entered: 8/21/2023 |
Request to Charge |
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Request To Charge by Samuel Bankman-Fried. (Cohen, Mark)
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214 |
Filed: 8/21/2023, Entered: 8/21/2023 |
Request to Charge |
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Request To Charge by USA as to Samuel Bankman-Fried. (Roos, Nicolas)
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213 |
Filed: 8/21/2023, Entered: 8/21/2023 |
Order |
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ORDER as to Samuel Bankman-Fried: Insofar as the defendant has sought relief for August 22, see Dkt 210, the request is granted to the extent that the Marshall shall make the defendant available to meet with his counsel, in the Marshal's cell block attorney room, from approximately 8:30 a.m. until approximately 3 p.m. Counsel may bring one Internet-enabled laptop and one WiFi device into the Courthouse for the purpose of the meeting. The balance of the request for August 22 is denied. (Signed by Judge Lewis A. Kaplan on 8/21/2023) (ap)
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212 |
Filed: 8/21/2023, Entered: 8/21/2023 |
Order |
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ORDER as to Samuel Bankman-Fried: Any response to the government's August 18, 2023 application regarding the advice of counsel defense shall be filed no later than August 23, 2023 at 10 a.m. (Responses due by 8/23/2023) (Signed by Judge Lewis A. Kaplan on 8/21/2023) (ap)
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211 |
Filed: 8/18/2023, Entered: 8/18/2023, Terminated: 9/5/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Nicolas Roos dated August 18, 2023 re: Advice-of-Counsel Defense Disclosure . Document filed by USA as to Samuel Bankman-Fried. (Roos, Nicolas)
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210 |
Filed: 8/18/2023, Entered: 8/18/2023, Terminated: 8/23/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 8/18/23 re: Access to Discovery . Document filed by Samuel Bankman-Fried. (Everdell, Christian)
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209 |
Filed: 8/18/2023, Entered: 8/18/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh addressed to Judge Lewis A. Kaplan from AUSA Danielle Kudla dated 08/18/2023 re: Discovery Access Document filed by USA. (Kudla, Danielle)
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208 |
Filed: 8/14/2023, Entered: 8/14/2023 |
Declaration in Support of Motion |
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DECLARATION of Christian R. Everdell in Support as to Samuel Bankman-Fried re: [206] MOTION in Limine by Samuel Bankman-Fried.. (Attachments: # (1) Exhibit A to Everdell Declaration, # (2) Exhibit B to Everdell Declaration, # (3) Exhibit C to Everdell Declaration, # (4) Exhibit D to Everdell Declaration)(Everdell, Christian)
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207 |
Filed: 8/14/2023, Entered: 8/14/2023 |
memorandum in support of motion |
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MEMORANDUM in Support by Samuel Bankman-Fried re [206] MOTION in Limine by Samuel Bankman-Fried.. (Cohen, Mark)
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206 |
Filed: 8/14/2023, Entered: 8/14/2023, Terminated: 9/26/2023 |
Motion in Limine |
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MOTION in Limine by Samuel Bankman-Fried. Document filed by Samuel Bankman-Fried. (Cohen, Mark)
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205 |
Filed: 8/14/2023, Entered: 8/14/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan Document filed by USA. (Raymond, Samuel)
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204 |
Filed: 8/14/2023, Entered: 8/14/2023, Terminated: 9/26/2023 |
Motion in Limine |
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MOTION in Limine . Document filed by USA as to Samuel Bankman-Fried. (Sassoon, Danielle)
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203 |
Filed: 8/14/2023, Entered: 8/14/2023 |
Order on Letter Motion |
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ORDER [201] LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 8/14/23 re: Access to Medication as to Samuel Bankman-Fried. IT IS HEREBY ORDERED that the Metropolitan Detention Center ensure the above-noted medications and dosages are provided to the defendant for the duration of his detention (Signed by Judge Lewis A. Kaplan on 8/14/2023) (jw)
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202 |
Filed: 8/14/2023, Entered: 8/14/2023 |
indictment |
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(S6) SUPERSEDING INDICTMENT FILED as to Samuel Bankman-Fried (1) count(s) 1sss, 2sss, 3sss, 4sss, 5sss, 6sss, 7sss. (jm) Modified on 8/22/2023 (jm).
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201 |
Filed: 8/14/2023, Entered: 8/14/2023, Terminated: 8/14/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 8/14/23 re: Access to Medication . Document filed by Samuel Bankman-Fried. (Attachments: # (1) Appendix A - Letter from George K. Lerner, M.D., # (2) Appendix B - Proposed Order)(Everdell, Christian)
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200 |
Filed: 8/11/2023, Entered: 8/11/2023 |
Order |
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ORDER as to Samuel Bankman-Fried. Follows oral order of 8/11/2023. The order of release of the defendant, as modified, after a hearing, is hereby revoked pursuant to 18 U.S.C. § 3148 and the defendant remanded because the Court has found, for reasons stated on the record in open court, that there is probable cause to believe that the defendant has committed the federal crime of attempted witness tampering in violation of 18 U.S.C. § 1512 while on release and, based on the factors set forth in 18 U.S.C. § 3142(g), there is no condition or combination of conditions of release that will assure that the defendant will not pose a danger to other persons or the safety of the community. (Signed by Judge Lewis A. Kaplan on 8/11/2023)(Mohan, Andrew)
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199 |
Filed: 8/11/2023, Entered: 8/11/2023, Terminated: 11/21/2023 |
Notice of Appeal - Interlocutory |
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NOTICE OF APPEAL (Interlocutory) by Samuel Bankman-Fried from [198] Order. Filing fee $ 505.00, receipt number 19794. (nd)
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198 |
Filed: 8/11/2023, Entered: 8/11/2023 |
Order |
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ORDER as to Samuel Bankman-Fried. Follows oral order of 8/11/2023. The defendant is ordered remanded into the custody of the U.S. Marshal. (Signed by Judge Lewis A. Kaplan on 8/11/2023)(Mohan, Andrew)
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Filed: None, Entered: None |
Supplemental ROA Sent to USCA - Electronic File |
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First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files as to Samuel Bankman-Fried re: [200] Order were transmitted to the U.S. Court of Appeals. (nd)
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Filed: None, Entered: None |
Appeal Record Sent to USCA - Electronic File |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Samuel Bankman-Fried re: [199] Notice of Appeal - Interlocutory were transmitted to the U.S. Court of Appeals. (nd)
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Filed: None, Entered: None |
transmission of notice of appeal and docket sheet to USCA |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Samuel Bankman-Fried to US Court of Appeals re: [199] Notice of Appeal - Interlocutory. (nd)
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Filed: None, Entered: None |
Bond Revocation Hearing |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:Bond Revocation Hearing as to Samuel Bankman-Fried held on 8/11/2023. Defendant present with attorneys Mark Stewart Cohen and Christian R. Everdell. AUSAs Danielle R. Sassoon, Nicholas Roos, Samuel Raymond, and Diane Kudla present. Pretrial Services Officer John Moscato present. Bond as to Samuel Bankman-Fried (1) Revoked and defendant ordered remanded. Defendant moved to stay the Court's ruling on pending appeal, which was denied by the Court. (Court Reporter Eve Giniger) (Mohan, Andrew)
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197 |
Filed: 8/8/2023, Entered: 8/8/2023 |
notice of attorney appearance - defendant |
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NOTICE OF ATTORNEY APPEARANCE: David Lisner appearing for Samuel Bankman-Fried. Appearance Type: Retained. (Lisner, David)
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196 |
Filed: 8/8/2023, Entered: 8/8/2023 |
Order on Letter Motion |
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MEMO ENDORSEMENT as to Samuel Bankman-Fried (1) granting [194] LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated August 7, 2023 re: Expert Notice. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 8/8/2023) (ap)
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195 |
Filed: 8/8/2023, Entered: 8/8/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from AUSA Danielle R. Sassoon dated August 8, 2023 re: trial indictment Document filed by USA. (Sassoon, Danielle)
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194 |
Filed: 8/7/2023, Entered: 8/7/2023, Terminated: 8/8/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated August 7, 2023 re: Expert Notice . Document filed by Samuel Bankman-Fried. (Everdell, Christian)
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193 |
Filed: 8/4/2023, Entered: 8/4/2023 |
Order |
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ORDER as to Samuel Bankman-Fried. The Court will hear further argument on the government's application to revoke defendant's bail or for alternative at 2 p.m. on August 11, 2023. The defendant shall be present. (Signed by Judge Lewis A. Kaplan on 8/4/2023)(Mohan, Andrew)
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192 |
Filed: 8/4/2023, Entered: 8/4/2023 |
Letter |
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LETTER by Reporters Committee for Freedom of the Press as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Kattie Townsend dated 8/3/2023 re: The Reporters Committee for Freedom of the Press (the Reporters Committee) writes with respect to the Temporary Order Governing Extrajudicial Statements entered by the Court in the above-referenced case on July 26, 2023. (Dkt. No. 180 (the Temporary Order)). (Mohan, Andrew)
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191 |
Filed: 8/4/2023, Entered: 8/4/2023 |
Letter |
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LETTER by Nanette Burnstein and Propagate Content LLC as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Matthew A. Leish dated 8/3/2023 re: I write on behalf of documentary filmmaker Nanette Burstein and production company Propagate Content LLC (Propagate) to respectfully object to the Temporary Order Governing Extrajudicial Statements entered by the Court in this proceeding (Docket No. 180) and to the potential entry of a permanent restraining order. The First Amendment standards applicable to gag orders on trial participants, as well as the applicable standards under Local Criminal Rule 23.1, have been fully set out by counsel for the New York Times in their August 1, 2023 letter (Docket No. 187), and Propagate and Burstein join in the Times arguments. The purpose of this letter is to address several additional points of law and to explain the particular impact that the Temporary Order is having, and will continue to have, on the First Amendment rights of Burstein and Propagate in particular. (Mohan, Andrew)
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190 |
Filed: 8/4/2023, Entered: 8/4/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Conference proceeding held on 7/26/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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189 |
Filed: 8/4/2023, Entered: 8/4/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Conference held on 7/26/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Amy Walker, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/25/2023. Redacted Transcript Deadline set for 9/5/2023. Release of Transcript Restriction set for 11/2/2023. (McGuirk, Kelly)
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Filed: None, Entered: None |
set/reset deadlines/hearings |
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Bond Hearing as to Samuel Bankman-Fried: Bond Hearing set for 8/11/2023 at 02:00 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Mohan, Andrew)
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188 |
Filed: 8/3/2023, Entered: 8/3/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from AUSA Danielle R. Sassoon dated August 3, 2023 re: reply in support of detention Document filed by USA. (Sassoon, Danielle)
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187 |
Filed: 8/2/2023, Entered: 8/3/2023 |
Letter |
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LETTER from the New York Times addressed to Judge Lewis A. Kaplan from David McCraw dated 8/2/2023 re: Dear Judge Kaplan: I write on behalf of The New York Times Company (The Times) concerning the Courts current interim order limiting what trial participants can say to journalists and its consideration of a further restraining order. (See Government Letter, July 20, 2023, Dkt. No. 176.) We believe that any such order must follow the standards set out in two provisions of S.D.N.Y. Local Criminal Rule 23.1 in order to adequately protect the public's First Amendment right to receive information about a financial scandal that stripped billions of dollars from the economy and harmed innumerable members of the public. (Mohan, Andrew) Modified on 8/3/2023 (Mohan, Andrew).
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186 |
Filed: 8/1/2023, Entered: 8/1/2023 |
Declaration in Support of Motion |
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DECLARATION of Christian R. Everdell in Support as to Samuel Bankman-Fried re: [185] LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated August 1, 2023 re: Opposition to Government's Letter Motion for an Order of Detention .. (Attachments: # (1) Exhibit A: Signal messages dated November 10 and 13, 2022, # (2) Exhibit B: Email correspondence dated November 13, 2022 through December 12, 2022, # (3) Exhibit C: Email correspondence and Signal messages dated January 15, 2023, # (4) Exhibit D: Memo re: Unsafe Working Conditions at MDC Brooklyn dated June 23, 2023)(Everdell, Christian)
- Attachment 1 Exhibit A: Signal messages dated November 10 and 13, 2022
- Attachment 2 Exhibit B: Email correspondence dated November 13, 2022 through December 12, 2022
- Attachment 3 Exhibit C: Email correspondence and Signal messages dated January 15, 2023
- Attachment 4 Exhibit D: Memo re: Unsafe Working Conditions at MDC Brooklyn dated June 23, 2023
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185 |
Filed: 8/1/2023, Entered: 8/1/2023, Terminated: 8/22/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated August 1, 2023 re: Opposition to Government's Letter Motion for an Order of Detention . Document filed by Samuel Bankman-Fried. (Attachments: # (1) Affidavit of Laurence H. Tribe)(Cohen, Mark)
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184 |
Filed: 7/28/2023, Entered: 7/28/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from AUSA Danielle R. Sassoon dated July 28, 2023 re: motion for an order of detention Document filed by USA. (Sassoon, Danielle)
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183 |
Filed: 7/27/2023, Entered: 7/27/2023 |
Notice (other) |
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NOTICE of Opposition to sealing in full of documents defendant gave to NYT as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh (Lee, Matthew)
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182 |
Filed: 7/27/2023, Entered: 7/27/2023, Terminated: 8/22/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated 7/27/23 re: Request to Seal Documents . Document filed by Samuel Bankman-Fried. (Cohen, Mark)
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181 |
Filed: 7/26/2023, Entered: 7/26/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Thane Rehn dated July 26, 2023 re: Status of Unlawful Campaign Contributions Count Document filed by USA. (Rehn, Nathan)
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180 |
Filed: 7/26/2023, Entered: 7/26/2023 |
Order |
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TEMPORARY ORDER GOVERNING EXTRAJUDICIAL STATEMENTS as to Samuel Bankman-Fried. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 7/26/2023) (bw)
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Filed: None, Entered: None |
Oral Argument |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Oral Argument as to Samuel Bankman-Fried held on 7/26/2023. Oral argument regarding Samuel Bankman-Fried before the Hon. Lewis A. Kaplan held. Defendant Samuel Bankman-Fried present with attorneys Mark S. Cohen and Christian R. Everdell. AUSAs Nathan M. Rehn, Danielle R. Sassoon, Nicolas Roos, Samuel Raymond, and Danielle Kudla, present. Attorney for FTX Debtors Nicole Friedlander present. Pretrial Services Officer Josh Rothman present. Government's letter due by 7/28/2023; defense letter due by 8/1/2023; and Government reply due by 8/3/2023. Defendant remained released on bail. (Motions due by 7/28/2023.. Responses due by 8/1/2023. Replies due by 8/3/2023) (Court Reporter Andrew Walker) (ap)
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179 |
Filed: 7/24/2023, Entered: 7/24/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Danielle R. Sassoon dated July 24, 2023 re: proposed order re extrajudicial statements Document filed by USA. (Attachments: # (1) Proposed Order governing extrajudicial statements)(Sassoon, Danielle)
- Attachment 1 Proposed Order governing extrajudicial statements
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178 |
Filed: 7/23/2023, Entered: 7/23/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated July 22, 2023 re: Proposed Order (Cohen, Mark)
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177 |
Filed: 7/21/2023, Entered: 7/21/2023 |
Order |
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ORDER as to Samuel Bankman-Fried: The Court will hear argument on the government's letter application, dated July 20, 2023, on July 26, 2023 at 2 p.m. The defendant shall be present. At or before 11 a.m. on July 24, 2023, the government shall file the proposed order that it asks the Court to enter. The parties shall be prepared on July 26 to address, among other things, the adequacy and continuation of the current bail conditions. ( Oral Argument set for 7/26/2023 at 02:00 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan.). (Signed by Judge Lewis A. Kaplan on 7/21/2023)(Mohan, Andrew)
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176 |
Filed: 7/20/2023, Entered: 7/20/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Danielle R. Sassoon dated July 20, 2023 re: extrajudicial statements Document filed by USA. (Sassoon, Danielle)
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175 |
Filed: 7/14/2023, Entered: 7/14/2023 |
Notice (other) |
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NOTICE of Application to unseal list filed July 13, 2023 as to Samuel Bankman-Fried (Lee, Matthew)
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174 |
Filed: 7/13/2023, Entered: 7/13/2023, Terminated: 8/22/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated July 13, 2023 re: Household Guests . Document filed by Samuel Bankman-Fried. (Attachments: # (1) Exhibit A (Filed Under Seal))(Everdell, Christian)
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173 |
Filed: 7/1/2023, Entered: 7/1/2023 |
Order |
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ORDER as to Samuel Bankman-Fried. Follows oral order of 7/1/2023.. (Signed by Judge Lewis A. Kaplan on 7/1/2023)(Kaplan, Lewis)
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172 |
Filed: 6/29/2023, Entered: 6/29/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated June 29, 2023 re: Pretrial Disclosure Schedule (Everdell, Christian)
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171 |
Filed: 6/29/2023, Entered: 6/29/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Nicolas Roos dated June 29, 2023 re: Proposed Schedule for Trial Filings and Disclosures Document filed by USA. (Roos, Nicolas)
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170 |
Filed: 6/29/2023, Entered: 6/29/2023 |
Memorandum and Opinion |
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MEMORANDUM OPINION as to Samuel Bankman-Fried. The Court has considered all of the arguments of the parties. To the extent not addressed herein, the arguments are either moot or without merit. For the foregoing reasons, the defendants pretrial motions (Dkt 136), to the extent not previously ruled upon, are denied. The Clerk is directed to close Dkt 136. (Signed by Judge Lewis A. Kaplan on 6/29/2023) (See ORDER set forth) (ap)
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169 |
Filed: 6/27/2023, Entered: 6/27/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Conference proceeding held on 6/15/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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168 |
Filed: 6/27/2023, Entered: 6/27/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Conference held on 6/15/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Amy Walker, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/18/2023. Redacted Transcript Deadline set for 7/28/2023. Release of Transcript Restriction set for 9/25/2023. (McGuirk, Kelly)
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167 |
Filed: 6/27/2023, Entered: 6/27/2023 |
Memorandum and Opinion |
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MEMORANDUM OPINION as to Samuel Bankman-Fried is charged in a thirteen-count superseding indictment with perpetrating an alleged multi-billion-dollar fraud relating to his operation of cryptocurrency companies that he founded and controlled. The Court has considered all of the arguments of the parties. To the extent not addressed herein, the arguments are either moot or without merit. For the foregoing reasons, the defendants pretrial motions (Dkt 136), to the extent not previously ruled upon, are denied. The Clerk is directed to close Dkt 136. (Signed by Judge Lewis A. Kaplan on 6/27/2023)(jw)
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166 |
Filed: 6/23/2023, Entered: 6/23/2023 |
Order |
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ORDER as to Samuel Bankman-Fried: The defendant moves to compel the government pursuant to Rule 16 of the Federal Rules of Criminal Procedure to produce documents responsive to a subpoena attached as Exhibit A to Dkt 151-1 (the "Subpoena") or, in the alternative, for an order under Rule 17(c)(1) of the Federal Rules of Criminal Procedure authorizing his counsel to issue the Subpoena to the law firm of Fenwick & West LLP ("Fenwick") directing Fenwick to produce these same documents to the defense. (Dkt 150) Substantially for the reasons set forth in the government's opposition brief (Dkt 156), the defendant's motion is denied. Neither Fenwick nor the FTX Debtors1 are part of the "prosecution team," and the government has no obligation to produce materials that are not within its possession, custody, or control. Furthermore, the defendant's proposed subpoena, if enforced, would serve as a fishing expedition and does not meet the specificity, relevance, and admissibility requirements set forth in United States v. Nixon, 418 U.S. 683 (1974). The FTX Debtors' motion for a protective order (Dkt 163) is denied as moot. The clerk is directed to close Dkts 150 and 163. (Signed by Judge Lewis A. Kaplan on 6/23/2023) (ap)
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165 |
Filed: 6/15/2023, Entered: 6/15/2023 |
Order |
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ORDER as to Samuel Bankman-Fried. 1. The government has requested a specialty waiver from The Bahamas with respect to the prosecution of the defendant on charges first interposed after the date of defendant's extradition, specifically Counts Four, Six, Nine, Ten and Thirteen of the Fifth Superseding Indictment. In view of the uncertainty of when The Bahamas will render a decision on that request, the government has requested that those counts be severed and scheduled for separate trial from the trial of the pre-extradition charges. Accordingly, Counts Four, Six, Nine, Ten and Thirteen of the Fifth Superseding Indictment are severed and scheduled for trial, unless otherwise ordered, commencing on March 11, 2024. 2. For reasons, and subject to the qualifications, stated on the record in open court, defendant's Pretrial Motion Nos. 5 and 6 (set forth in Dkt 136) are denied. 3. Pretrial Motion No. 7 is denied as premature. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/15/2023)(bw)
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164 |
Filed: 6/15/2023, Entered: 6/15/2023 |
memorandum in support of motion |
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MEMORANDUM in Support by Alameda Research LTD, Alameda Research LLC, West Realm Shires Inc., FTX Trading Ltd. as to Samuel Bankman-Fried re [163] MOTION for Protective Order .. (Friedlander, Nicole)
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163 |
Filed: 6/15/2023, Entered: 6/15/2023, Terminated: 6/23/2023 |
Motion for Protective Order |
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MOTION for Protective Order . Document filed by Alameda Research LTD, Alameda Research LLC, West Realm Shires Inc., FTX Trading Ltd. as to Samuel Bankman-Fried. (Friedlander, Nicole)
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Filed: None, Entered: None |
Status Conference |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Oral Argument as to Samuel Bankman-Fried held on 6/15/2023. Oral argument on pending motions re Samuel Bankman-Fried before the Hon. Lewis A. Kaplan held. Defendant Samuel Bankman-Fried present with attorneys Mark S. Cohen, Christian R. Everdell, Sri Kuehnlenz, and Stephen G. Dick. AUSAs Danielle R. Sassoon, Nicolas Roos, Danielle Kudla, Jil Simon, and Samuel Raymond present. Court reporter Amy Walker present. See written order regarding the Court's rulings on the motions. Defendant remained released on bail. (bw)
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Save 25% on a pre-paid one year subscription. |
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162 |
Filed: 6/14/2023, Entered: 6/14/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Thane Rehn dated June 14, 2023 re: Rule of Specialty Document filed by USA. (Rehn, Nathan)
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161 |
Filed: 6/14/2023, Entered: 6/14/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Nicolas Roos dated June 14, 2023 re: Discovery Status Update Document filed by USA. (Roos, Nicolas)
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160 |
Filed: 6/13/2023, Entered: 6/13/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated June 13, 2023 re: Supreme Court of the Bahamas Ruling (Attachments: # (1) Exhibit A - June 13, 2023 Ruling from The Bahamas Supreme Court)(Cohen, Mark)
- Attachment 1 Exhibit A - June 13, 2023 Ruling from The Bahamas Supreme Court
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159 |
Filed: 6/13/2023, Entered: 6/13/2023 |
Order |
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ORDER as to Samuel Bankman-Fried. Defendant Samuel Bankman-Fried has moved to compel the production of certain documents relating to Fenwick & West LLP's representation of FTX Trading Ltd., West Realm Shires Inc., Alameda Research LLC, Alameda Research LTD, and their subsidiaries and affiliates (the "FTX Debtors"). (Dkt 150) The FTX Debtors move to intervene to oppose the defendant's motion, and they request a protective order barring the production of certain allegedly privileged materials....[*** See this Order ***]... In the present case, the defendant's motion to compel seeks documents that reflect Fenwick & West LLP's "research, assessment, analysis, guidance, or legal advice" conducted for or provided to the FTX Debtors.(See Footnote 4 on this Order). Such requests, on their face, call for documents protected from disclosure by the FTX Debtors' attorney-client privilege. Accordingly, the FTX Debtors' motion to intervene is granted and the Clerk is directed to add the FTX Debtors as intervenors to the case. The merits of the defendant's motion to compel and the FTX Debtors' motion for a protective order will be addressed in due course. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/13/2023)(bw)
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158 |
Filed: 6/12/2023, Entered: 6/12/2023 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support as to Samuel Bankman-Fried re: [136] MOTION to Dismiss Counts 1-4, 7-10 and 12-13 in the S5 Indictment, or in the Alternative, to Sever Counts 12-13, for Additional Discovery, a Bill of Particulars and Pretrial Disclosures, and to Dismiss Multiplicitous Counts. . (Cohen, Mark)
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157 |
Filed: 6/12/2023, Entered: 6/12/2023 |
Declaration in Support of Motion |
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DECLARATION of Honourable James Lewis KC in Support as to Samuel Bankman-Fried re: [136] MOTION to Dismiss Counts 1-4, 7-10 and 12-13 in the S5 Indictment, or in the Alternative, to Sever Counts 12-13, for Additional Discovery, a Bill of Particulars and Pretrial Disclosures, and to Dismiss Multiplicitous Counts.. (Cohen, Mark)
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156 |
Filed: 6/9/2023, Entered: 6/9/2023 |
MEMORANDUM in Opposition to Motion |
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MEMORANDUM in Opposition by USA as to Samuel Bankman-Fried re [150] MOTION to Compel the Government to Produce Documents and for an Order Authorizing a Subpoena to Be Served on Fenwick & West.. (Roos, Nicolas)
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155 |
Filed: 6/6/2023, Entered: 6/6/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh granting [154] LETTER MOTION addressed to Judge Lewis A. Kaplan from AUSA Andrew Rohrbach dated June 6, 2023 re: Terminate appearance. ENDORSEMENT: Granted. SO ORDERED. (Attorney Andrew Rohrbach terminated in case as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh) (Signed by Judge Lewis A. Kaplan on 6/6/2023) (lnl)
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154 |
Filed: 6/6/2023, Entered: 6/6/2023, Terminated: 6/6/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from AUSA Andrew Rohrbach dated June 6, 2023 re: Terminate appearance . Document filed by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh. (Rohrbach, Andrew)
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153 |
Filed: 6/5/2023, Entered: 6/5/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated 6/5/23 re: Discovery Status (Cohen, Mark)
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152 |
Filed: 5/30/2023, Entered: 5/30/2023 |
Declaration in Support of Motion |
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DECLARATION of Christian R. Everdell in Support as to Samuel Bankman-Fried re: [150] MOTION to Compel the Government to Produce Documents and for an Order Authorizing a Subpoena to Be Served on Fenwick & West.. (Attachments: # (1) Exhibit 1- Excerpts from transcript from February 6, 2023 Hearing in In re FTX (Bankr. D. Del.))(Cohen, Mark)
- Attachment 1 Exhibit 1- Excerpts from transcript from February 6, 2023 Hearing in In re FTX (Bankr. D. Del.
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151 |
Filed: 5/30/2023, Entered: 5/30/2023 |
memorandum in support of motion |
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MEMORANDUM in Support by Samuel Bankman-Fried re [150] MOTION to Compel the Government to Produce Documents and for an Order Authorizing a Subpoena to Be Served on Fenwick & West.. (Attachments: # (1) Exhibit 1- Subpoena with Attachments 1 - 23)(Cohen, Mark)
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150 |
Filed: 5/30/2023, Entered: 5/30/2023, Terminated: 6/23/2023 |
Motion to Compel |
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MOTION to Compel the Government to Produce Documents and for an Order Authorizing a Subpoena to Be Served on Fenwick & West. Document filed by Samuel Bankman-Fried. (Cohen, Mark)
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149 |
Filed: 5/29/2023, Entered: 5/29/2023 |
MEMORANDUM in Opposition to Motion |
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MEMORANDUM in Opposition by USA as to Samuel Bankman-Fried re [136] MOTION to Dismiss Counts 1-4, 7-10 and 12-13 in the S5 Indictment, or in the Alternative, to Sever Counts 12-13, for Additional Discovery, a Bill of Particulars and Pretrial Disclosures, and to Dismiss Multiplicitous Counts.. (Sassoon, Danielle)
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148 |
Filed: 5/29/2023, Entered: 5/29/2023 |
MEMORANDUM in Opposition to Motion |
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MEMORANDUM in Opposition by USA as to Samuel Bankman-Fried re [136] MOTION to Dismiss Counts 1-4, 7-10 and 12-13 in the S5 Indictment, or in the Alternative, to Sever Counts 12-13, for Additional Discovery, a Bill of Particulars and Pretrial Disclosures, and to Dismiss Multiplicitous Counts.. (Memorandum In Opposition to Defendant's Motion to Dismiss Based on the Rule of Specialty) (Rehn, Nathan)
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Filed: None, Entered: None |
set/reset hearings |
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Reset Hearing Time as to Samuel Bankman-Fried: Oral Argument regarding DI 136 set for 6/15/2023 at 10:30 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Mohan, Andrew)
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147 |
Filed: 5/12/2023, Entered: 5/12/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated May 12, 2023 re: Ciminelli decision (Everdell, Christian)
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145 |
Filed: 5/8/2023, Entered: 5/8/2023 |
memorandum in support of motion |
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MEMORANDUM in Support by Samuel Bankman-Fried re [136] MOTION to Dismiss Counts 1-4, 7-10 and 12-13 in the S5 Indictment, or in the Alternative, to Sever Counts 12-13, for Additional Discovery, a Bill of Particulars and Pretrial Disclosures, and to Dismiss Multiplicitous Counts.. (Memorandum of Law in Support of Samuel Bankman-Fried's Motion to Dismiss Multiplicitous Counts) (Cohen, Mark)
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144 |
Filed: 5/8/2023, Entered: 5/8/2023 |
memorandum in support of motion |
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MEMORANDUM in Support by Samuel Bankman-Fried re [136] MOTION to Dismiss Counts 1-4, 7-10 and 12-13 in the S5 Indictment, or in the Alternative, to Sever Counts 12-13, for Additional Discovery, a Bill of Particulars and Pretrial Disclosures, and to Dismiss Multiplicitous Counts.. (Memorandum of Law in Support of Samuel Bankman-Fried's Motion for a Bill of Particulars and Pretrial Disclosures) (Cohen, Mark)
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143 |
Filed: 5/8/2023, Entered: 5/8/2023 |
memorandum in support of motion |
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MEMORANDUM in Support by Samuel Bankman-Fried re [136] MOTION to Dismiss Counts 1-4, 7-10 and 12-13 in the S5 Indictment, or in the Alternative, to Sever Counts 12-13, for Additional Discovery, a Bill of Particulars and Pretrial Disclosures, and to Dismiss Multiplicitous Counts.. (Memorandum of Law in Support of Samuel Bankman-Fried's Motion for Discovery on the Basis that FTX is Member of the Prosecution Team) (Cohen, Mark)
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142 |
Filed: 5/8/2023, Entered: 5/8/2023 |
memorandum in support of motion |
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MEMORANDUM in Support by Samuel Bankman-Fried re [136] MOTION to Dismiss Counts 1-4, 7-10 and 12-13 in the S5 Indictment, or in the Alternative, to Sever Counts 12-13, for Additional Discovery, a Bill of Particulars and Pretrial Disclosures, and to Dismiss Multiplicitous Counts.. (Memorandum of Law in Support of Samuel Bankman-Fried's Motion to Dismiss Counts 12-13 or, in the Alternative, to Sever Counts 12-13) (Cohen, Mark)
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141 |
Filed: 5/8/2023, Entered: 5/8/2023 |
memorandum in support of motion |
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MEMORANDUM in Support by Samuel Bankman-Fried re [136] MOTION to Dismiss Counts 1-4, 7-10 and 12-13 in the S5 Indictment, or in the Alternative, to Sever Counts 12-13, for Additional Discovery, a Bill of Particulars and Pretrial Disclosures, and to Dismiss Multiplicitous Counts.. (Memorandum of Law in Support of Samuel Bankman-Fried's Motion to Dismiss Counts 3-4, and Count 10) (Cohen, Mark)
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140 |
Filed: 5/8/2023, Entered: 5/8/2023 |
memorandum in support of motion |
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MEMORANDUM in Support by Samuel Bankman-Fried re [136] MOTION to Dismiss Counts 1-4, 7-10 and 12-13 in the S5 Indictment, or in the Alternative, to Sever Counts 12-13, for Additional Discovery, a Bill of Particulars and Pretrial Disclosures, and to Dismiss Multiplicitous Counts.. (Memorandum of Law in Support of Samuel Bankman-Fried's Motion to Dismiss Counts 7-9 and 1-2 for Failure to Allege a Valid Property Right) (Cohen, Mark)
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139 |
Filed: 5/8/2023, Entered: 5/8/2023 |
memorandum in support of motion |
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MEMORANDUM in Support by Samuel Bankman-Fried re [136] MOTION to Dismiss Counts 1-4, 7-10 and 12-13 in the S5 Indictment, or in the Alternative, to Sever Counts 12-13, for Additional Discovery, a Bill of Particulars and Pretrial Disclosures, and to Dismiss Multiplicitous Counts.. (Memorandum of Law in Support of Samuel Bankman-Fried's Motion to Dismiss Counts 9, 10, 12 and 13 as Violating the Rule of Specialty, or, in the Alternative, for Related Discovery) (Cohen, Mark)
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138 |
Filed: 5/8/2023, Entered: 5/8/2023 |
Declaration in Support of Motion |
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DECLARATION of James Lewis, KC in Support as to Samuel Bankman-Fried re: [136] MOTION to Dismiss Counts 1-4, 7-10 and 12-13 in the S5 Indictment, or in the Alternative, to Sever Counts 12-13, for Additional Discovery, a Bill of Particulars and Pretrial Disclosures, and to Dismiss Multiplicitous Counts.. (Attachments: # (1) Exhibit A to Lewis Declaration, # (2) Exhibit B to Lewis Declaration, # (3) Exhibit C to Lewis Declaration, # (4) Exhibit D to Lewis Declaration, # (5) Exhibit E to Lewis Declaration, # (6) Exhibit F to Lewis Declaration, # (7) Exhibit G to Lewis Declaration, # (8) Exhibit H to Lewis Declaration, # (9) Exhibit I to Lewis Declaration, # (10) Exhibit J to Lewis Declaration, # (11) Exhibit K to Lewis Declaration, # (12) Exhibit L to Lewis Declaration)(Cohen, Mark)
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137 |
Filed: 5/8/2023, Entered: 5/8/2023 |
Declaration in Support of Motion |
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DECLARATION of Christian R. Everdell in Support as to Samuel Bankman-Fried re: [136] MOTION to Dismiss Counts 1-4, 7-10 and 12-13 in the S5 Indictment, or in the Alternative, to Sever Counts 12-13, for Additional Discovery, a Bill of Particulars and Pretrial Disclosures, and to Dismiss Multiplicitous Counts.. (Attachments: # (1) Exhibit 1 to Everdell Declaration, # (2) Exhibit 2 to Everdell Declaration, # (3) Exhibit 3 to Everdell Declaration, # (4) Exhibit 4 to Everdell Declaration, # (5) Exhibit 5 to Everdell Declaration, # (6) Exhibit 6 to Everdell Declaration, # (7) Exhibit 7 to Everdell Declaration, # (8) Exhibit 8 to Everdell Declaration, # (9) Exhibit 9 to Everdell Declaration, # (10) Exhibit 10 to Everdell Declaration, # (11) Exhibit 11 to Everdell Declaration, # (12) Exhibit 12 to Everdell Declaration, # (13) Exhibit 13 to Everdell Declaration)(Cohen, Mark)
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136 |
Filed: 5/8/2023, Entered: 5/8/2023, Terminated: 6/27/2023 |
Motion to Dismiss |
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MOTION to Dismiss Counts 1-4, 7-10 and 12-13 in the S5 Indictment, or in the Alternative, to Sever Counts 12-13, for Additional Discovery, a Bill of Particulars and Pretrial Disclosures, and to Dismiss Multiplicitous Counts. Document filed by Samuel Bankman-Fried as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh. (Cohen, Mark)
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135 |
Filed: 5/8/2023, Entered: 5/8/2023 |
notice of attorney appearance - defendant |
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NOTICE OF ATTORNEY APPEARANCE: Sri Kuehnlenz appearing for Samuel Bankman-Fried. Appearance Type: Retained. (Kuehnlenz, Sri)
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134 |
Filed: 5/8/2023, Entered: 5/8/2023 |
notice of attorney appearance - defendant |
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NOTICE OF ATTORNEY APPEARANCE: Stephen Gale Dick appearing for Samuel Bankman-Fried. Appearance Type: Retained. (Dick, Stephen)
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133 |
Filed: 4/24/2023, Entered: 4/24/2023 |
Order on Letter Motion |
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MEMO ENDORSEMENT as to Samuel Bankman-Fried (1) granting [132] LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 4/21/23 re: Request for Modification of Bail Conditions. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/22/2023) (lnl)
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132 |
Filed: 4/21/2023, Entered: 4/21/2023, Terminated: 4/24/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 4/21/23 re: Request for Modification of Bail Conditions . Document filed by Samuel Bankman-Fried. (Everdell, Christian)
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131 |
Filed: 4/20/2023, Entered: 4/20/2023 |
Letter |
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LETTER as to USA v. Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Karin Brothers dated March 3, 2023 re: Case no. 22 Cr. 673. (bw)
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130 |
Filed: 4/19/2023, Entered: 4/19/2023 |
Order on Letter Motion |
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MEMO ENDORSEMENT granting [129] LETTER MOTION filed by Samuel Bankman-Fried (1), addressed to Judge Lewis A. Kaplan from Attorney Christian R. Everdell dated April 18, 2023 re: Request for Extension.... Accordingly, we respectfully request the Court to grant an extension until Friday, April 21, 2023 to implement the bail conditions related to the parents' cellphones. In the meantime, we respectfully request that Mr. Bankman-Fried's parents be permitted to use their existing cellphones. ENDORSEMENT: Granted. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 4/19/2023) (bw)
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129 |
Filed: 4/18/2023, Entered: 4/18/2023, Terminated: 4/19/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated April 18, 2023 re: Request for Extension . Document filed by Samuel Bankman-Fried. (Everdell, Christian)
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128 |
Filed: 4/17/2023, Entered: 4/17/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Conference proceeding held on 3/30/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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127 |
Filed: 4/17/2023, Entered: 4/17/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Arraignment held on 3/30/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/8/2023. Redacted Transcript Deadline set for 5/18/2023. Release of Transcript Restriction set for 7/17/2023. (McGuirk, Kelly)
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126 |
Filed: 4/12/2023, Entered: 4/12/2023 |
Order on Letter Motion |
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MEMO ENDORSEMENT [125] LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated April 11, 2023 re: Request for Enlargement of Time to Implement Bail Conditions as to Samuel Bankman-Fried....ENDORSEMENT...Granted. SO ORDERED (Signed by Judge Lewis A. Kaplan on 4/12/2023) (jw)
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125 |
Filed: 4/11/2023, Entered: 4/11/2023, Terminated: 4/12/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated April 11, 2023 re: Request for Enlargement of Time to Implement Bail Conditions . Document filed by Samuel Bankman-Fried. (Attachments: # (1) Exhibit A - Declaration of Allan Joseph Bankman, # (2) Exhibit B - Declaration of Barbara Fried)(Everdell, Christian)
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124 |
Filed: 4/11/2023, Entered: 4/11/2023 |
Sealed document |
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SEALED DOCUMENT placed in vault. (jus)
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123 |
Filed: 4/11/2023, Entered: 4/11/2023 |
Sealed document |
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SEALED DOCUMENT placed in vault. (jus)
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122 |
Filed: 4/4/2023, Entered: 4/4/2023 |
Order on Letter Motion |
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MEMO ENDORSEMENT as to Samuel Bankman-Fried (1) on [121] LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 4/4/23 re: Request for Extension and Modification. ENDORSEMENT: SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/4/2023) (ap)
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121 |
Filed: 4/4/2023, Entered: 4/4/2023, Terminated: 4/4/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 4/4/23 re: Request for Extension and Modification . Document filed by Samuel Bankman-Fried. (Everdell, Christian)
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Filed: None, Entered: None |
arraignment |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Arraignment as to Samuel Bankman-Fried (1) Count 1s,1ss,2s,2ss,3s,3ss,4s,4ss,5s,5ss,6s,7s,7ss,8s,8ss,9s,10s,10ss,11s,11ss,12s,12ss,13ss held on 3/30/2023. Conference regarding Samuel Bankman-Fried before the Hon. Lewis A. Kaplan held. Defendant Samuel Bankman-Fried present with attorneys Mark S. Cohen and Christian R. Everdell. AUSAs Danielle R. Sassoon, Nicolas Roos, Danielle Kudla, present. Court reporter Kristen Carranante present. Defendant arraigned on both the (S3) and (S5) indictments, the defendants entered pleas of Not Guilty to both the (S3) and (S5) indictments. Discovery status given by the Government. The Court ruled that the current bail order applies to the (S5) indictment. The motion schedule was modified so that Defendant's motions are due 5/8/2023; Government opposition due 5/29/2023; Defense replies due 6/12/2023; oral argument or a PTC is scheduled for 6/15/2023 @ 3:30 PM. Time is excluded from today through and including 10/2/2023 on all indictments in the interests of justice. Defendant remained released on bail. (Motions due by 5/8/2023. Responses due by 5/29/2023. Pretrial Conference/Oral Argument set for 6/15/2023 at 03:30 PM before Judge Lewis A. Kaplan.) Plea entered by Samuel Bankman-Fried (1) Count 1s,1ss,2s,2ss,3s,3ss,4s,4ss,5s,5ss,6s,7s,7ss,8s,8ss,9s,10s,10ss,11s,11ss,12s,12ss,13ss Not Guilty. (lnl)
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120 |
Filed: 3/29/2023, Entered: 3/29/2023 |
notice of attorney appearance - USA |
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NOTICE OF ATTORNEY APPEARANCE Jil Simon appearing for USA. (Simon, Jil)
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119 |
Filed: 3/28/2023, Entered: 3/28/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh on [113] LETTER by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh addressed to Judge Lewis A. Kaplan from AUSA Danielle Kudla dated 03/28/2023 re: Requesting Court Conference. ENDORSEMENT: The Court will arraign the defendant on S5 and hold a pretrial conference on March 30, 2023 at 11 am. SO ORDERED. (Arraignment set for 3/30/2023 at 11:00 AM before Judge Lewis A. Kaplan) (Signed by Judge Lewis A. Kaplan on 3/28/2023) (lnl)
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118 |
Filed: 3/28/2023, Entered: 3/28/2023 |
Order |
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ORDER as to Samuel Bankman-Fried: IT IS HEREBY ORDERED that the Defendant's bail conditions will be modified by adding the following: General Conditions 1. The Defendant shall not contact or communicate with current or former employees of FTX or Alameda (other than immediate family members), except in the presence of counsel, unless the Government or Court exempts an individual from this rule in writing. 2. The Defendant shall not use any encrypted or ephemeral call or messaging application, including but not limited to "Signal." 3. The Defendant shall not use a Virtual Private Network ("VPN"), except as explicitly authorized in his bail conditions, as described below and in Appendix 1. (Signed by Judge Lewis A. Kaplan on 3/28/2023) (See ORDER as further set forth) (lnl)
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117 |
Filed: 3/28/2023, Entered: 3/28/2023 |
Order on Letter Motion |
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MEMO ENDORSEMENT as to Samuel Bankman-Fried (1) on [112] LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated March 27, 2023 re: Request to Modify Bail Conditions. ENDORSEMENT: The request to file Appendix I under seal is granted for the reasons stated above. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/28/2023) (lnl)
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116 |
Filed: 3/28/2023, Entered: 3/28/2023 |
Order on Letter Motion |
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ORDER as to Samuel Bankman-Fried (1): IT IS HEREBY ORDERED that the Defendant's bail conditions will be modified by adding the following: 1. The Defendant will be given access to a laptop computer (the "Laptop") that will be configured to allow him to access the AWS Database via a secure VPN connection, pursuant to the following conditions: a.The Laptop will be owned and controlled by Cohen & Gresser and will not be one of Mr. Bankman-Fried's personal devices.b.When Mr. Bankman-Fried wishes to use the Laptop, an attorney or paralegal from Cohen & Gresser will bring the Laptop to Mr. Bankman-Fried's residence, remain with Mr. Bankman-Fried while he uses the Laptop, and take back the Laptop and remove it from the residence when he is finished. c.Mr. Bankman-Fried may use the Laptop only to query, review, and analyze the data in the AWS Database, and share those results with his counsel and others on the defense team. d.For those purposes, the Laptop will be installed with the Microsoft 11 operating system and its associated programs and will be loaded only with the following additional applications and programs: 1.AWS VPN client (to access the AWS Database); ii. pgAdmin (PostgreSQL tool to query the AWS Database); iii. Microsoft Office, including Microsoft Word, Excel, and Access (to create documents and analyze data); iv. Adobe Acrobat Reader (to read documents in.pdf format); v. 7zip (to create zip files to transfer large files); vi. Google Chrome (to send files to the defense team via Mr. Bankman-Fried's Gmail account or via the Cohen & Gresser ShareFile site); and vii. A remote access support tool (for remote support by Cohen & Gresser). e. If requested, Cohen & Gresser will provide the Government with device specific identifying information for the Laptop. 2. Apart from this modification, the Defendant's existing bail conditions will remain in effect. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/28/2023) (lnl)
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115 |
Filed: 3/28/2023, Entered: 3/28/2023 |
indictment |
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(S5) SUPERSEDING INDICTMENT FILED as to Samuel Bankman-Fried (1) count(s) 1ss, 2ss, 3ss, 4ss, 5ss, 7ss, 8ss, 10ss, 11ss, 12ss, 13ss. (jm)
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114 |
Filed: 3/28/2023, Entered: 3/28/2023 |
Order |
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ORDER as to Samuel Bankman-Fried to unseal the S(5) superseding indictment as of 9:00 AM on 3/28/23. (Signed by Magistrate Judge Robert W. Lehrburger on S5)(jm)
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113 |
Filed: 3/28/2023, Entered: 3/28/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison, Nishad Singh addressed to Judge Lewis A. Kaplan from AUSA Danielle Kudla dated 03/28/2023 re: Requesting Court Conference Document filed by USA. (Attachments: # (1) Exhibit 1, # (2) Exhibit 1 (continued))(Kudla, Danielle)
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Filed: None, Entered: None |
set/reset hearings |
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Set/Reset Hearings as to Samuel Bankman-Fried: Pretrial Conference set for 3/30/2023 at 11:00 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan.. (Mohan, Andrew)
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112 |
Filed: 3/27/2023, Entered: 3/27/2023, Terminated: 3/28/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated March 27, 2023 re: Request to Modify Bail Conditions . Document filed by Samuel Bankman-Fried. (Attachments: # (1) Exhibit A - Proposed Order, # (2) Exhibit B - Declaration of David Sun)(Everdell, Christian)
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111 |
Filed: 3/24/2023, Entered: 3/24/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Nicolas Roos dated March 24, 2023 re: Status Report re Proposed Bail Modifications Document filed by USA. (Roos, Nicolas)
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109 |
Filed: 3/17/2023, Entered: 3/17/2023, Terminated: 3/28/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated March 17, 2023 re: Request to Modify Bail Conditions . Document filed by Samuel Bankman-Fried. (Attachments: # (1) Text of Proposed Order (Proposed Order))(Everdell, Christian)
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108 |
Filed: 3/17/2023, Entered: 3/17/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Conference proceeding held on 3/10/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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107 |
Filed: 3/17/2023, Entered: 3/17/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Conference held on 3/10/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/7/2023. Redacted Transcript Deadline set for 4/17/2023. Release of Transcript Restriction set for 6/15/2023. (McGuirk, Kelly)
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106 |
Filed: 3/16/2023, Entered: 3/16/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Nicholas Weaver, Ph.D dated 2/18/2023 re: I am a lecturer in Computer Science at the University of California at Berkeley and a researcher at the International Computer Science Institute in Berkeley. I am writing this amicus letter as an individual and uninterested party in US vs Bankman-Fried (1:22-cr-00673) to offer an explanation of VPN technologies and usages as well as a comparison to a similarly situated defendant's bond conditions in a lower profile cryptocurrency case. (jw)
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Filed: None, Entered: None |
Pretrial Conference |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:Pretrial Conference as to Samuel Bankman-Fried held on 3/10/2023. Defendant not present, but attorneys Mark Cohen and Christian Everdell present. AUSAs Danielle Sassoon, Nicolas Roos, and Danielle M. Kudla present. (Court Reporter Khris Sellin) (Mohan, Andrew)
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105 |
Filed: 3/8/2023, Entered: 3/8/2023, Terminated: 8/22/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated March 8, 2023 re: Bail Conditions, Database Access, and Motions Schedule . Document filed by Samuel Bankman-Fried. (Everdell, Christian)
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104 |
Filed: 3/7/2023, Entered: 3/7/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan, from Mary Moon dated 2/17/2023 re: Mary Moon writes regarding release. (ap)
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103 |
Filed: 3/7/2023, Entered: 3/7/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Nishad Singh. Notice is hereby given that an official transcript of a Plea proceeding held on 2/28/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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102 |
Filed: 3/7/2023, Entered: 3/7/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Nishad Singh re: Plea held on 2/28/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Doug Colavito, (212) 805-0320, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/28/2023. Redacted Transcript Deadline set for 4/7/2023. Release of Transcript Restriction set for 6/5/2023. (McGuirk, Kelly)
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Filed: None, Entered: None |
set/reset deadlines/hearings |
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Set Hearings as to Samuel Bankman-Fried: Pretrial Conference set for 3/10/2023 at 11:00 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. The defendant himself is not required to attend. (Mohan, Andrew)
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101 |
Filed: 3/6/2023, Entered: 3/6/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan, from Tom Janson dated 2/24/2023 re: Tom Janson writes to request Defendant's bail be revoked. (ap)
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100 |
Filed: 3/3/2023, Entered: 3/3/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Nicolas Roos dated March 3, 2023 re: Joint Proposed Modified Conditions of Release re Electronic Devices and the Internet Document filed by USA. (Roos, Nicolas)
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99 |
Filed: 3/1/2023, Entered: 3/1/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated March 1, 2023 re: proposed technical consultant (Attachments: # (1) Exhibit A - CV of Edward Stroz, # (2) Exhibit B - CV of Michael McGowan)(Everdell, Christian)
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98 |
Filed: 2/28/2023, Entered: 2/28/2023 |
Order |
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AMENDED BAIL ORDER as to Nishad Singh. (Signed by Judge Lewis A. Kaplan on 2/28/2023) (See ORDER set forth) (ap)
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97 |
Filed: 2/28/2023, Entered: 2/28/2023 |
Sealed document |
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SEALED DOCUMENT placed in vault. (nmo)
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96 |
Filed: 2/28/2023, Entered: 2/28/2023 |
bond |
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Appearance Bond Entered as to Nishad Singh: $250,000 Personal recognizance bond; To be cosigned by one financially responsible person; Additional conditions..... (jbo) (Main Document 96 replaced on 3/22/2023) (jbo).
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95 |
Filed: 2/28/2023, Entered: 2/28/2023 |
Consent Order |
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CONSENT PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY as to Nishad Singh. (Signed by Judge Lewis A. Kaplan on 2/28/23)(jbo)
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94 |
Filed: 2/28/2023, Entered: 2/28/2023 |
Order |
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BAIL ORDER as to Nishad Singh. Bail conditions as to defendant Nishad Sing are set as follows: $250,000 personal recognizance bond, co-signed by one financially responsible person; travel restricted to the continental United States; the defendant to surrender all travel documents and refrain from making any new applications; supervision as directed by Pretrial Services; and adherence to all other standard conditions of release. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/28/23)(jbo)
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93 |
Filed: 2/28/2023, Entered: 2/28/2023 |
Order |
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RULE 5(F) ORDER as to Nishad Singh. (Signed by Judge Lewis A. Kaplan on 2/28/23)(jbo)
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92 |
Filed: 2/28/2023, Entered: 2/28/2023 |
Order |
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ORDER as to Nishad Singh. Upon the application of the United States, and with the consent of the defendant, redacted copies of the (S4) superseding information and the Consent Preliminary Order of Forfeiture as to Specific Property shall be filed on the public docket and the unredacted originals of each document shall be kept by the Clerk of Court under seal pending further order of this Court. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/28/23)(jbo)
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91 |
Filed: 2/28/2023, Entered: 2/28/2023 |
Waiver of Indictment |
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WAIVER OF INDICTMENT by Nishad Singh. (jbo)
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90 |
Filed: 2/28/2023, Entered: 2/28/2023 |
information - felony |
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(S4) SUPERSEDING INFORMATION (Felony) filed as to Nishad Singh (4) count(s) 1, 2, 3, 4, 5, 6. (jbo)
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Filed: None, Entered: None |
Plea Entered |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Plea entered by Nishad Singh (4) Guilty as to Count 1,2,3,4,5,6. (Sentencing set for 11/13/2024 at 10:00 AM before Judge Lewis A. Kaplan.) (jbo)
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Filed: None, Entered: None |
initial appearance |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Initial Appearance as to Nishad Singh held on 2/28/2023. Arraignment as to Nishad Singh (4) Count 1,2,3,4,5,6 held on 2/28/2023. Initial appearance and entry of guily plea regarding defendant Nishad Singh (04) before the Hon. Lewis A. Kaplan held. Defendant Nishad Singh present with attorneys Russell Capone and Andrew Goldstein. AUSAs Danielle R. Sassoon, Nicolas Roos, and Andrew Rohrbach present. Pretrial Services Officer Maherun Mayer present. Court reporter Doug Colavito present. Defendant arraigned on the (S4) information, waived indictment, and entered a plea of guilty as charged in the (S4) information. Redacted copies of the (S4) information and the Consent Preliminary Order of Forfeiture as to Specific Property were ordered to be filed, with the unredacted originals to be filed under seal. Bail conditions as to defendant Nishad Sing are set as follows: $250,000 personal recognizance bond, co-signed by one financially responsible person; travel restricted to the continental United States; the defendant to surrender all travel documents and refrain from making any new applications; supervision as directed by Pretrial Services; and adherence to all other standard conditions of release. Sentencing scheduled for 11/13/2024 at 10:00 AM. (jbo)
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Filed: None, Entered: None |
Case Designated ECF. |
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Case Designated ECF as to Nishad Singh. (jbo)
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89 |
Filed: 2/27/2023, Entered: 2/27/2023, Terminated: 11/21/2023 |
USCA Mandate - Interlocutory Appeal |
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USCA MANDATE ON INTERLOCUTORY APPEAL (certified copy) as to Samuel Bankman-Fried re: [64] Notice of Appeal - Interlocutory. USCA Case Number 23-6134. Appellant moves to withdraw the above-captioned appeal. IT IS HEREBY ORDERED that the motion is GRANTED. The appeal is deemed WITHDRAWN. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 2/27/2023. (nd)
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88 |
Filed: 2/24/2023, Entered: 2/24/2023, Terminated: 8/11/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 2/24/23 re: Request for Extension . Document filed by Samuel Bankman-Fried. (Everdell, Christian)
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87 |
Filed: 2/24/2023, Entered: 2/24/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Conference proceeding held on 2/16/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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86 |
Filed: 2/24/2023, Entered: 2/24/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Conference held on 2/16/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/17/2023. Redacted Transcript Deadline set for 3/27/2023. Release of Transcript Restriction set for 5/25/2023. (McGuirk, Kelly)
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85 |
Filed: 2/23/2023, Entered: 2/23/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Nicolas Roos dated February 23, 2023 re: S3 Indictment, Arraignment, and Exclusion of Time Document filed by USA. (Roos, Nicolas)
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84 |
Filed: 2/23/2023, Entered: 2/23/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from AUSA Nicolas Roos dated February 22, 2023 re: On February 22, 2023, a grand jury returned a twelve-count superseding indictment (the "S3 Indictment") charging Samuel Bankman-Fried with conspiracy to commit wire fraud, wire fraud, conspiracy to commit commodities fraud, commodities fraud, conspiracy to commit securities fraud, securities fraud, conspiracy to commit bank fraud, conspiracy to commit unlicensed money transmission, conspiracy to commit money laundering, and conspiracy to commit campaign finance violations and defraud the Federal Election Commission. A copy of the S3 Indictment is enclosed. As the Court knows, the defendant was previously extradited from The Bahamas on an Indictment returned on December 9, 2022. The S3 Indictment has been sealed so as to permit time for the Government to make the appropriate diplomatic notifications about the new charges. Those notifications will be made this evening. Accordingly, the Government respectfully requests that the Court order the S3 Indictment unsealed as of 9:00 a.m. on February 23, 2023. For the reasons set forth in this letter, the Government also respectfully requests that this letter be maintained under seal until the unsealing of the S3 Indictment. (bw)
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83 |
Filed: 2/23/2023, Entered: 2/23/2023 |
Letter |
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LETTER as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Robert A. Bishop, Texas Retired CPA. (bw)
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82 |
Filed: 2/23/2023, Entered: 2/23/2023 |
Order |
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ORDER as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison. In view of the February 16, 2023 hearing before the undersigned, and on consent of the parties, the Court extends the February 1, 2023 Order (Dkt 58), as amended by the February 14, 2023 Order (Dkt 68), until 11:59 p.m. on March 3, 2023. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/23/2023)(bw)
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81 |
Filed: 2/23/2023, Entered: 2/23/2023 |
Letter |
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LETTER as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Dr. Nicholas Weaver, Ph.D. dated 2/18/2023 re: I am a lecturer in Computer Science at the University of California at Berkeley and a researcher at the International Computer Science Institute in Berkeley. I am writing this amicus letter as an individual and uninterested party in US vs Bankmari-Fried (1:22-cr-00673) to offer an explanation of VPN technologies and usages as well as a comparison to a similarly situated defendant's bond conditions in a lower profile cryptocurrency case.... (bw)
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80 |
Filed: 2/23/2023, Entered: 2/23/2023 |
indictment |
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(S3) SUPERSEDING INDICTMENT FILED as to Samuel Bankman-Fried (1) count(s) 1s, 2s, 3s, 4s, 5s, 6s, 7s, 8s, 9s, 10s, 11s, 12s. (jm) (ORIGINALLY FILED UNDER SEAL ON 2/22/23)
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79 |
Filed: 2/23/2023, Entered: 2/23/2023 |
Order |
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ORDER as to Samuel Bankman-Fried to unseal S(3) superseding indictment. (Signed by Judge Lewis A. Kaplan on 2/23/23)(jm) Modified on 2/23/2023 (jm).
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78 |
Filed: 2/21/2023, Entered: 2/21/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 2/21/23 re: technical consultant (Everdell, Christian)
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77 |
Filed: 2/21/2023, Entered: 2/21/2023 |
Letter |
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LETTER as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Thomas F. Morrissey, Jr. dated January 31, 2023. (bw)
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76 |
Filed: 2/17/2023, Entered: 2/17/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Conference proceeding held on 2/9/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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75 |
Filed: 2/17/2023, Entered: 2/17/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Conference held on 2/9/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/10/2023. Redacted Transcript Deadline set for 3/20/2023. Release of Transcript Restriction set for 5/18/2023. (McGuirk, Kelly)
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74 |
Filed: 2/16/2023, Entered: 2/16/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from S. Keithley dated 2/9/2023 re: Letter from S. Keithley regarding defendant Sam Bankman Fried (jw)
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Filed: None, Entered: None |
Oral Argument |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Oral Argument as to Samuel Bankman-Fried held on 2/16/2023. Defendant Samuel Bankman-Fried present with attorneys Mark S. Cohen and Christian R. Everdell. AUSAs Danielle R. Sassoon, Nicolas Roos, Samuel Raymond, Danielle Kudla, and Andrew, Rohrbach present. Pretrial Services Officer John Moscato present. Court reporter Andrew Walker present. Argument regarding bail conditions heard. Defendant remained released on bail. (lnl)
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73 |
Filed: 2/15/2023, Entered: 2/15/2023, Terminated: 8/22/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Nicolas Roos dated February 15, 2023 re: Modification of Bail Conditions . Document filed by USA as to Samuel Bankman-Fried. (Roos, Nicolas)
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72 |
Filed: 2/15/2023, Entered: 2/15/2023, Terminated: 8/22/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated February 15, 2023 re: bail conditions . Document filed by Samuel Bankman-Fried. (Attachments: # (1) Exhibit A - Declaration of David Sun)(Everdell, Christian)
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71 |
Filed: 2/15/2023, Entered: 2/15/2023 |
bond |
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UNSECURED PERSONAL RECOGNIZANCE Bond Entered as to Samuel Bankman-Fried in amount of $500,000.00 PRB; TO BE SIGNED BY 1 FRP; TRAVEL RESTRICTED TO SDNY/EDNY/ (SOLELY FOR COURT APPEARANCES) AND THE N.D. CAL; SURRENDER TRAVEL DOCUMENTS & NO NEW APPLICATIONS; STRICT SUPERVISION BY PRETRIAL SERVICES; MENTAL HEALTH EVAL/TREATMENT AS DIRECTED BY PTS; HOME DETENTION; LOCATION MONITORING TECHNOLOGY AS DIRECTED BY PTS; DEFT NOT TO POSSESS FIREARM/DESTRUCTIVE DEVICE/OTHER WEAPON; DEFENDANT TO BE RELEASED ON OWN SIGNATURE PLUS SIGNATURE OF PARENTS AND SURRENDER OF PASSPORT /INSTALLATION OF ELECTRONIC MONITOR; REMAINING CONDITIONS TO BE MET BY 1/5/23; DEF. TO LIVE IN PARENTS HOME IN PALO ALTO IN N.D. CAL. AND TO BE SUPERVISED FROM THAT DISTRICT. PTS OFFICE MAY EXERCISE DISCRETION TO ALLOW DEFENDANT TO LEAVE HOME FOR EXERCISE. DEFT NOT TO OPEN NEW LINES OF CREDIT, OPEN A BUSINESS, OR ENTER INTO FINANCIAL TRANSACTIONS IN EXCESS OF $1,000 WITHOUT PRE-APPROVAL OF GOVERNMENT OR COURT, EXCEPT TO PAY FOR LEGAL COSTS AND FEES; EQUITY INTEREST IN PARENTS HOME TO BE POSTED BY 1/12/23. MODIFIED BY USDJ KAPLAN TO ADD THE CONDITION THAT THE DEFENDANT BE PROHIBITED FROM ACCESSING OR TRANSFERRING ANY FTX OR ALEMEDA ASSETS OR CYRPTOCURRENCY, INCLUDING ASSETS OR CYRPTOCURRENCY PURCHASED WITH FUNDS FROM FTX OR ALAMEDA WITH FTX DEFINED TO INCLUDE FTX.COM, FTX U.S., FTX DIGITAL MARKETS, LTD AND ALL AFFILIATED SUBSIDIARY AND SUCCESSOR ENTITIES AND ALAMEDA DEFINED TO INCLUDE ALAMEDA RESEARCH AND ANY AFFILIATED SUBSIDIARY AND SUCCESSOR ENTITIES. (bw)
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70 |
Filed: 2/15/2023, Entered: 2/15/2023 |
bond |
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UNSECURED PERSONAL RECOGNIZANCE Bond Entered as to Samuel Bankman-Fried in amount of $200,000.00 PRB; TO BE SIGNED BY 1 FRP; TRAVEL RESTRICTED TO SDNY/EDNY/ (SOLELY FOR COURT APPEARANCES) AND THE N.D. CAL; SURRENDER TRAVEL DOCUMENTS & NO NEW APPLICATIONS; STRICT SUPERVISION BY PRETRIAL SERVICES; MENTAL HEALTH EVAL/TREATMENT AS DIRECTED BY PTS; HOME DETENTION; LOCATION MONITORING TECHNOLOGY AS DIRECTED BY PTS; DEFT NOT TO POSSESS FIREARM/DESTRUCTIVE DEVICE/OTHER WEAPON; DEFENDANT TO BE RELEASED ON OWN SIGNATURE PLUS SIGNATURE OF PARENTS AND SURRENDER OF PASSPORT/INSTALLATION OF ELECTRONIC MONITOR; REMAINING CONDITIONS TO BE MET BY 1/5/23; DEF. TO LIVE IN PARENTS HOME IN PALO ALTO IN N.D. CAL. AND TO BE SUPERVISED FROM THAT DISTRICT. PTS OFFICE MAY EXERCISE DISCRETION TO ALLOW DEFENDANT TO LEAVE HOME FOR EXERCISE. DEFT NOT TO OPEN NEW LINES OF CREDIT, OPEN A BUSINESS, OR ENTER INTO FINANCIAL TRANSACTIONS IN EXCESS OF $1,000 WITHOUT PRE-APPROVAL OF GOVERNMENT OR COURT, EXCEPT TO PAY FOR LEGAL COSTS AND FEES; EQUITY INTEREST IN PARENTS HOME TO BE POSTED BY 1/12/23. MODIFIED BY USDJ KAPLAN TO ADD THE CONDITION THAT THE DEFENDANT BE PROHIBITED FROM ACCESSING OR TRANSFERRING ANY FTX OR ALEMEDA ASSETS OR CYRPTOCURRENCY, INCLUDING ASSETS OR CYRPTOCURRENCY PURCHASED WITH FUNDS FROM FTX OR ALAMEDA WITH FTX DEFINED TO INCLUDE FTX.COM, FTX U.S., FTX DIGITAL MARKETS, LTD AND ALL AFFILIATED SUBSIDIARY AND SUCCESSOR ENTITIES AND ALAMEDA DEFINED TO INCLUDE ALAMEDA RESEARCH AND ANY AFFILIATED SUBSIDIARY AND SUCCESSOR ENTITIES. (bw)
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Save 25% on a pre-paid one year subscription. |
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69 |
Filed: 2/15/2023, Entered: 2/15/2023 |
Order |
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ORDER as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison. On January 30, 2023, the Court issued an order granting the motions of several news organizations to unseal the names of defendant's non-parental bail sureties. (Dkt 57) Given the novelty of the question presented and the likelihood of appeal, the Court stayed the order "until 5 p.m. on February 7, 2023 and, if a notice of appeal from th[at] order [was] filed by then, until February 14, 2023 at 5 p.m. in order to permit an application for a further stay to be made to the Court of Appeals should any adversely affected party wish to file one." (Dkt 57, at 12.) On February 7, 2023, Defendant timely filed a notice of appeal from the January 30, 2023 Order. As of today, however, no application for a further stay has been made to the Court of Appeals. Accordingly, the Clerk shall file on the unrestricted public record complete copies of the redacted bonds previously docketed as Dkt 55 and 56. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/15/2023)(bw)
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68 |
Filed: 2/14/2023, Entered: 2/14/2023 |
Order on Letter Motion |
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ORDER RE LETTER MOTION The parties' motions for an extension of the deadline for their submission or submissions with respect to defendant's conditions of release (Dkt 66; Dkt 67) are denied in part. The parties will supplement their submissions with respect to the defendant's conditions of release by February 15, 2023 at 5:00 p.m. The Court will hear argument on this matter on February 16, 2023 at 2:30 p.m. It is undisputed by the parties that the defendant has used a VPN or "Virtual Private Network" at least twice to access the internet while on release- and at least once since the Court ordered that the defendant refrain from using any encrypted or ephemeral call or messaging applications. (Dkt 58) The defendant's use of a VPN presents many of the same risks associated with his use of an encrypted messaging or call application. Thus, pending the outcome of the hearing on February 16, I hereby amend the conditions of defendant's release, effective immediately, to prohibit the defendant's use of any VPN. Moreover, the Court extends the February 1, 2023 Order (Dkt 58), as thus amended, until 11 :59 p.m. on February 24, 2023. re: [67] LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated February 14, 2023 re: [66] Letter re: response to government's letter re: bail conditions . as to Samuel Bankman-Fried (1). (Signed by Judge Lewis A. Kaplan on 2/14/2023) (Mohan, Andrew)
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67 |
Filed: 2/14/2023, Entered: 2/14/2023, Terminated: 2/14/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated February 14, 2023 re: [66] Letter re: response to government's letter re: bail conditions . Document filed by Samuel Bankman-Fried. (Everdell, Christian)
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Filed: None, Entered: None |
set/reset hearings |
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Set Hearings as to Samuel Bankman-Fried: Oral Argument set for 2/16/2023 at 02:30 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan.. (Mohan, Andrew)
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66 |
Filed: 2/13/2023, Entered: 2/13/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Danielle R. Sassoon dated February 13, 2023 re: bail conditions Document filed by USA. (Sassoon, Danielle)
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65 |
Filed: 2/9/2023, Entered: 2/9/2023 |
Order |
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ORDER as to Samuel Bankman-Fried: In view of today's hearing before the undersigned, and on consent of the parties, the Court extends the February 1, 2023 Order (Dkt 58) until 11 :59 p.m. on February 21, 2023. The parties shall file their submission or submissions with respect to defendant's conditions of release on or before February 13, 2023. (Signed by Judge Lewis A. Kaplan on 2/9/2023) (ap)
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Filed: None, Entered: None |
Status Conference |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Samuel Bankman-Fried held on 2/9/2023. Conference regarding Samuel Bankman-Fried before the Hon. Lewis A. Kaplan held. Defendant Samuel Bankman-Fried present with attorneys Mark S. Cohen and Christian R. Everdell. AUSAs Danielle R. Sassoon, Nicolas Roos, Danielle Kudla, and Andrew Rohrbach present. Pretrial Services Officer Jonathan Lettieri present. Argument regarding bail modification heard. The Court extends the February 1, 2023 Order (Dkt 58) until 11 :59 p.m. on February 21, 2023. The parties shall file their submission or submissions with respect to defendant's conditions of release on or before February 13, 2023. (Court Reporter Steven Greenblum) (ap) Modified on 2/9/2023 (Mohan, Andrew).
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64 |
Filed: 2/7/2023, Entered: 2/7/2023, Terminated: 2/27/2023 |
Notice of Appeal - Interlocutory |
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NOTICE OF APPEAL (Interlocutory) by Samuel Bankman-Fried from [57] Memorandum Opinion. Filing fee $ 505.00, receipt number 12125. (nd)
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63 |
Filed: 2/7/2023, Entered: 2/7/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Thomas F. Morrissey, Jr., dated 1/31/2023, re: Request to reverse decision. (lnl)
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62 |
Filed: 2/7/2023, Entered: 2/7/2023 |
Order on Letter Motion |
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MEMO ENDORSEMENT denying [61] LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated 2/6/23 re: Request to Modify Bail Conditions. ENDORSEMENT: The letter motion (Dkt 61) is denied without prejudice pending oral argument, which remains scheduled for 10:30 a.m. on February 9, 2023. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/7/2023) (lnl)
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Filed: None, Entered: None |
Appeal Record Sent to USCA - Electronic File |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Samuel Bankman-Fried re: [64] Notice of Appeal - Interlocutory were transmitted to the U.S. Court of Appeals. (nd)
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Filed: None, Entered: None |
transmission of notice of appeal and docket sheet to USCA |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Samuel Bankman-Fried to US Court of Appeals re: [64] Notice of Appeal - Interlocutory. (nd)
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61 |
Filed: 2/6/2023, Entered: 2/6/2023, Terminated: 2/7/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated 2/6/23 re: [52] Scheduling Order, [53] Letter, [51] Letter, [59] LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated 2/2/23 re: [52] Scheduling Order, [53] Letter, [51] Letter, [58] Order,,, re: request to modify scheduling order as to Samuel Bankman-Fried. ., [58] Order,,, re: Request to Modify Bail Conditions . Document filed by Samuel Bankman-Fried. (Cohen, Mark)
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60 |
Filed: 2/2/2023, Entered: 2/2/2023 |
Order on Letter Motion |
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MEMO ENDORSED ORDER granting [59] LETTER MOTION Time for submission of reply papers previously due today is extended until Monday, February 6, 2023. Oral argument is adjourned until 10:30 a.m. on February 9, 2023. re: [59] LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated 2/2/23 re: [52] Scheduling Order, [53] Letter, [51] Letter, [58] Order,,, re: request to modify scheduling order as to Samuel Bankman-Fried. . as to Samuel Bankman-Fried (1). (Signed by Judge Lewis A. Kaplan on 2/2/2023) (Mohan, Andrew)
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59 |
Filed: 2/2/2023, Entered: 2/2/2023, Terminated: 2/2/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated 2/2/23 re: [52] Scheduling Order, [53] Letter, [51] Letter, [58] Order,,, re: request to modify scheduling order as to Samuel Bankman-Fried. . Document filed by Samuel Bankman-Fried. (Cohen, Mark)
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Filed: None, Entered: None |
set/reset deadlines/hearings |
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Bail modification hearing re Bankman-Fried set for 2/9/2023 at 10:30 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Mohan, Andrew)
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58 |
Filed: 2/1/2023, Entered: 2/1/2023 |
Order |
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ORDER as to Samuel Bankman-Fried regarding the Goverment's 1/27/2023 letter motion for bail modification: "The Court will hear argument on this matter on February 7, 2023 at 2 p.m. In the interim, pending the outcome of that hearing, I hereby amend the conditions of defendants release, effective immediately, to add the governments proposed additional conditions that (1) the defendant shall not contact or communicate with current or former employees of FTX or Alameda (other than immediate family members) except in the presence of counsel, unless the government or Court exempts an individual from this rule and (2) the defendant shall not use any encrypted or ephemeral call or messaging application, including but not limited to Signal." (Signed by Judge Lewis A. Kaplan on 2/1/2023)(Mohan, Andrew)
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57 |
Filed: 1/30/2023, Entered: 1/30/2023 |
Memorandum and Opinion |
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MEMORANDUM OPINION as to Samuel Bankman-Fried: For the foregoing reasons, the News Organizations' motions to intervene (Dkt 31, 40, 42, 43) are GRANTED for the limited purpose of asserting the public's claimed right of access to the names of the non-parental sureties. Further, the News Organizations' motions to unseal the names of the non-parental sureties are GRANTED. As the question presented here is novel and an appeal is likely, this order is stayed until 5 p.m. on February 7, 2023 and, if a notice of appeal from this order is filed by then, until February 14, 2023 at 5 p.m. in order to permit an application for a further stay to be made to the Court of Appeals should any adversely affected party wish to file one. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/30/2023) (lnl)
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56 |
Filed: 1/30/2023, Entered: 1/30/2023 |
bond |
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UNSECURED PERSONAL RECOGNIZANCE Bond Entered as to Samuel Bankman-Fried. $500,000 PRB; TO BE SIGNED BY I FRP; TRAVEL RESTRICTED TO SDNY/EDNY/(SOLELY FOR COURT APPEARANCES) AND THE N.D. CAL; SURRENDER TRAVEL DOCUMENTS & NO NEW APPLICATIONS; STRICT SUPERVISION BY PRETRIAL SERVICES; MENTAL HEALTH EVAL/TREATMENT AS DIRECTED BY PTS; HOME DETENTION; LOCATION MONITORING TECHNOLOGY AS DIRECTED BY PTS; DEFT NOT TO POSSESS FIREARM/DESTRUCTIVE DEVICE/OTHER WEAPON; DEFENDANT TO BE RELEASED ON OWN SIGNATURE PLUS SIGNATURE OF PARENTS AND SURRENDER OF PASSPORT/INSTALLATION OF ELECTRONIC MONITOR; REMAINING CONDITIONS TO BE MET BY 1/5/23; DEF. TO LIVE IN PARENTS HOME IN PALO ALTO IN N.D. CAL. AND TO BE SUPERVISED FROM THAT DISTRICT. PTS OFFICE MAY EXERCISE DISCRETION TO ALLOW DEFENDANT TO LEA VE HOME FOR EXERCISE. DEFT NOT TO OPEN NEW LINES OF CREDIT, OPEN A BUSINESS, OR ENTER INTO FINANCIAL TRANSACTIONS IN EXCESS OF $1,000 WITHOUT PRE-APPROVAL OF GOVERNMENT OR COURT, EXCEPT TO PAY FOR LEGAL COSTS AND FEES; EQUITY INTEREST IN PARENTS HOME TO BE POSTED BY 1/12/23. MODIFIED BY USDJ KAPLAN TO ADD THE CONDITION THAT THE DEFENDANT BE PROHIBITED FROM ACCESSING OR TRANSFERRING ANY FTX OR ALEMEDA ASSETS OR CYRPTOCURRENCY, INCLUDING ASSETS OR CYRPTOCURRENCY PURCHASED WITH FUNDS FROM FTX OR ALAMEDA WITH FTX DEFINED TO INCLUDE FTX.COM, FTX U.S., FTX DIGITAL MARKETS, LTD AND ALL AFFILIATED SUBSIDIARY AND SUCCESSOR ENTITIES AND ALAMEDA DEFINED TO INCLUDE ALAMEDA RESEARCH AND ANY AFFILIATED SUBSIDIARY AND SUCCESSOR ENTITIES. (lnl)
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55 |
Filed: 1/30/2023, Entered: 1/30/2023 |
bond |
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UNSECURED PERSONAL RECOGNIZANCE Bond Entered as to Samuel Bankman-Fried. $200,000 PRB; TO BE SIGNED BY 1 FRP; TRAVEL RESTRICTED TO SDNY/EDNY/(SOLELY FOR COURT APPEARANCES) AND THE N.D. CAL; SURRENDER TRAVEL DOCUMENTS & NO NEW APPLICATIONS; STRICT SUPERVISION BY PRETRIAL SERVICES; MENTAL HEALTH EVAL/TREATMENT AS DIRECTED BY PTS; HOME DETENTION; LOCATION MONITORING TECHNOLOGY AS DIRECTED BY PTS; DEFT NOT TO POSSESS FIREARM/DESTRUCTIVE DEVICE/OTHER WEAPON; DEFENDANT TO BE RELEASED ON OWN SIGNATURE PLUS SIGNATURE OF PARENTS AND SURRENDER OF PASSPORT/INSTALLATION OF ELECTRONIC MONITOR; REMAINING CONDITIONS TO BE MET BY 1/5/23; DEF. TO LIVE IN PARENTS HOME IN PALO ALTO IN N.D. CAL. AND TO BE SUPERVISED FROM THAT DISTRICT. PTS OFFICE MAY EXERCISE DISCRETION TO ALLOW DEFENDANT TO LEAVE HOME FOR EXERCISE. DEFT NOT TO OPEN NEW LINES OF CREDIT, OPEN A BUSINESS, OR ENTER INTO FINANCIAL TRANSACTIONS IN EXCESS OF $1,000 WITHOUT PRE-APPROVAL OF GOVERNMENT OR COURT, EXCEPT TO PAY FOR LEGAL COSTS AND FEES; EQUITY INTEREST IN PARENTS HOME TO BE POSTED BY 1/12/23. MODIFIED BY USDJ KAPLAN TO ADD THE CONDITION THAT THE DEFENDANT BE PROHIBITED FROM ACCESSING OR TRANSFERRING ANY FTX OR ALEMEDA ASSETS OR CYRPTOCURRENCY, INCLUDING ASSETS OR CYRPTOCURRENCY PURCHASED WITH FUNDS FROM FTX OR ALAMEDA WITH FTX DEFINED TO INCLUDE FTX.COM, FTX U.S., FTX DIGITAL MARKETS, LTD AND ALL AFFILIATED SUBSIDIARY AND SUCCESSOR ENTITIES AND ALAMEDA DEFINED TO INCLUDE ALAMEDA RESEARCH AND ANY AFFILIATED SUBSIDIARY AND SUCCESSOR ENTITIES. (lnl)
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54 |
Filed: 1/30/2023, Entered: 1/30/2023 |
notice of attorney appearance - USA |
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NOTICE OF ATTORNEY APPEARANCE Danielle Marie Kudla appearing for USA. (Kudla, Danielle)
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53 |
Filed: 1/30/2023, Entered: 1/30/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison addressed to Judge Lewis A. Kaplan from Danielle Sassoon dated January 30, 2023 re: bail modification Document filed by USA. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Sassoon, Danielle)
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52 |
Filed: 1/28/2023, Entered: 1/28/2023 |
Scheduling Order |
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SCHEDULING ORDER as to Samuel Bankman-Fried.. (Signed by Judge Lewis A. Kaplan on 1/28/2023)(Kaplan, Lewis)
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51 |
Filed: 1/28/2023, Entered: 1/28/2023 |
Letter |
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LETTER by Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated January 28, 2023 re: bail conditions. (Cohen, Mark)
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50 |
Filed: 1/27/2023, Entered: 1/27/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from AUSA Danielle R. Sassoon dated January 27, 2023 re: bail modifications Document filed by USA. (Sassoon, Danielle)
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49 |
Filed: 1/20/2023, Entered: 1/20/2023 |
Bill of particulars |
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BILL OF PARTICULARS by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison . (Raymond, Samuel)
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48 |
Filed: 1/20/2023, Entered: 1/20/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT as to Samuel Bankman-Fried on re: [47] LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 1/19/23 re: bail conditions. ENDORSEMENT: In view of the fact that the Government has agreed to all of the bail conditions for reasons it finds satisfactory, the Courts role here is extremely limited. I approve the signing by the non-parent sureties of separate appearance bonds and of the amounts agreed by the parties. The names and addresses of the non-parental sureties shall remain under seal pursuant to my prior ruling pending the outcome of the motion practice now under weigh with respect to whether those names should be made public. (Signed by Judge Lewis A. Kaplan on 1/20/2023) (ap) (Main Document 48 replaced on 1/20/2023) (ap).
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47 |
Filed: 1/19/2023, Entered: 1/19/2023, Terminated: 8/11/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 1/19/23 re: bail conditions . Document filed by Samuel Bankman-Fried. (Everdell, Christian)
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46 |
Filed: 1/19/2023, Entered: 1/19/2023, Terminated: 2/15/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Christian R. Everdell dated 1/19/23 re: [31] Notice (Other), [40] Letter, [29] LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated January 3, 2023 re: Request to Redact Names and Identifying Information for Certain Bail Sureties ., [42] LETTER MOTION addressed to Judge Lewis A. Kaplan from Jeremy Chase dated 1/12/2023 re: Unsealing Request by various news organizations, including The Associated Press, Bloomberg L.P., The Financial Times Ltd., CNBC LLC, Reuters News & Media Inc., [43] LETTER MOTION addressed to Judge Lewis A. Kaplan from Lacy H. Koonce, III (Klaris Law PLLC) on behalf of CoinDesk, Inc. dated January 12, 2023 re: Unsealing of surety information . re: Unsealing Requests . Document filed by Samuel Bankman-Fried. (Everdell, Christian)
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45 |
Filed: 1/14/2023, Entered: 1/14/2023 |
protective order |
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STIPULATED PROTECTIVE ORDER as to Samuel Bankman-Fried regarding procedures to be followed that shall govern the handling of discovery in this case. (Signed by Judge Lewis A. Kaplan on 1/14/2023)(Mohan, Andrew)
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44 |
Filed: 1/13/2023, Entered: 1/13/2023 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Danielle R. Sassoon dated January 13, 2023 re: proposed protective order Document filed by USA. (Attachments: # (1) Text of Proposed Order Proposed Protective Order)(Sassoon, Danielle)
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43 |
Filed: 1/12/2023, Entered: 1/12/2023, Terminated: 2/15/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Lacy H. Koonce, III (Klaris Law PLLC) on behalf of CoinDesk, Inc. dated January 12, 2023 re: Unsealing of surety information . Document filed by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison. (Koonce, Lacy)
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42 |
Filed: 1/12/2023, Entered: 1/12/2023, Terminated: 2/15/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Jeremy Chase dated 1/12/2023 re: Unsealing Request by various news organizations, including The Associated Press, Bloomberg L.P., The Financial Times Ltd., CNBC LLC, Reuters News & Media Inc., Dow Jones & Co., Inc., publisher of The Wall Street Journal, Insider, Inc., and WP Company LLC, publisher of The Washington Post. . Document filed by USA as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison. (Chase, Jeremy)
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41 |
Filed: 1/11/2023, Entered: 1/11/2023 |
Order |
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ORDER as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison: Any papers in response to Dkts 31 and 40 and any subsequent filings with respect to redaction of the names of sureties on appearance bonds for defendant Bankman-Fried shall be filed no later than January 19, 2023. SO ORDERED. (Responses due by 1/19/2023) (Signed by Judge Lewis A. Kaplan on 1/11/2023) (lnl)
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40 |
Filed: 1/11/2023, Entered: 1/11/2023 |
Letter |
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LETTER as to Samuel Bankman-Fried addressed to Judge Lewis A. Kaplan from Dan R. Green, dated 1/10/2023, re: Unsealing Request. (lnl)
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39 |
Filed: 1/10/2023, Entered: 1/10/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Conference proceeding held on 1/3/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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38 |
Filed: 1/10/2023, Entered: 1/10/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Conference held on 1/3/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/31/2023. Redacted Transcript Deadline set for 2/10/2023. Release of Transcript Restriction set for 4/10/2023. (McGuirk, Kelly)
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37 |
Filed: 1/10/2023, Entered: 1/10/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Bankman-Fried. Notice is hereby given that an official transcript of a Arraignment proceeding held on 12/22/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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36 |
Filed: 1/10/2023, Entered: 1/10/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Samuel Bankman-Fried re: Arraignment held on 12/22/2022 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Sara Beiter, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/31/2023. Redacted Transcript Deadline set for 2/10/2023. Release of Transcript Restriction set for 4/10/2023. (McGuirk, Kelly)
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35 |
Filed: 1/6/2023, Entered: 1/9/2023 |
Order |
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RULE 5(f) ORDER as to Samuel Bankman-Fried. (Signed by Judge Lewis A. Kaplan on 1/6/2023) (lnl)
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34 |
Filed: 1/6/2023, Entered: 1/6/2023 |
Order |
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ORDER as to Samuel Bankman-Fried re: [33] Affirmation filed by USA. Accordingly, it is hereby ORDEREDThat the following procedures are a reasonable procedure giving effect to the notification rights contained in Title 18,United States code, Section 3771(a):a. The Government will maintain a notice (the "Notice") regarding this case online athttps://www.justice.gov/usao-sdny/united-states-v-samuel-bankman-fried-aka-sbf-22-cr-673-lakb. The Notice will contain the following information:i. The caption, case number, assigned judge, and name of the defendant;ii. A substantially verbatim listing of the rights provided for in Title 18, United States Code, Section 3771(a);iii. A listing of public proceedings scheduled in the case; andiv. The name and contact information for a United States Attorney's Office official with responsibility for addressing victims' rights.c. In addition, the Government will continue to update the Notice to reflect scheduled court and public proceedings, within a reasonable period of time of such scheduling;d. In advance of court proceedings such as a plea proceeding or sentencing, the Notice will specify that the Court, in order to conduct orderly proceedings and to maintain a reasonable schedule, requires advance notice from victims who wish to be heard at the relevant proceeding. Based on the number of victims who provide such notice, the Court will rule on the manner in which victims will be heard at such proceedings. (Signed by Judge Lewis A. Kaplan on 1/6/2023)(Mohan, Andrew)
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33 |
Filed: 1/6/2023, Entered: 1/6/2023 |
Affirmation |
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AFFIRMATION of Danielle R. Sassoon by USA as to Samuel Bankman-Fried. (Attachments: # (1) Text of Proposed Order re Victim Notification)(Sassoon, Danielle)
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31 |
Filed: 1/3/2023, Entered: 1/3/2023 |
Notice (other) |
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NOTICE of Application to release names and information of bail sureties as to Samuel Bankman-Fried (Lee, Matthew)
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30 |
Filed: 1/3/2023, Entered: 1/3/2023 |
notice of attorney appearance - USA |
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NOTICE OF ATTORNEY APPEARANCE Nathan Martin Rehn appearing for USA. (Rehn, Nathan)
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29 |
Filed: 1/3/2023, Entered: 1/3/2023, Terminated: 2/15/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Mark S. Cohen dated January 3, 2023 re: Request to Redact Names and Identifying Information for Certain Bail Sureties . Document filed by Samuel Bankman-Fried. (Cohen, Mark)
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Filed: None, Entered: None |
Plea Entered |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Plea entered by Samuel Bankman-Fried (1) Count 1,2,3,4,5,6,7,8 Not Guilty. (ap)
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Filed: None, Entered: None |
arraignment |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Arraignment as to Samuel Bankman-Fried (1) Count 1,2,3,4,5,6,7,8 held on 1/3/2023. Arraignment and Initial conference regarding Samuel Bankman-Fried before the Hon. Lewis A. Kaplan held. Defendant Samuel Bankman-Fried present with attorneys Mark S. Cohen and Christian R. Everdell. AUSAs Danielle R. Sassoon, Nicolas Roos, and Andrew Rohrbach present. Defendant arraigned on the indictment and entered a plea of not guilty. The letter application dated 1/3/2023, DI 29, to redact names and identifying information for certain bail sureties, was granted by the Court without prejudice to any application to release the names and addresses, unless otherwise ordered; any such application shall be made by motion filed no later than 1/12/2023. Trial is scheduled to begin 10/2/2023 at 9:30 AM. Defendant's motions due 4/3/2023, Government opposition briefs due 4/24/2023, Defendant's reply briefs due 5/8/2023; oral argument or a status conference shall be held on 5/18/2023 @ 10:00 AM. Time from today through and including 10/2/2023 is excluded from speedy trial calculations in the interests of justice. Bail modified to add the condition of That the defendant be prohibited from accessing or transferring any FTX or Alameda assets or cryptocurrency, including assets or cryptocurrency purchased with funds from FTX or Alameda. With FTX defined to include FTX.com, FTX U.S., FTX digital markets LTD, and all affiliated subsidiary and successor entities and Alameda defined to include Alameda Research and any affiliated subsidiary and successor entities. Defendant remained released on bail. (Motions due by 4/3/2023. Responses due by 4/24/2023. Replies due by 5/8/2023. Jury Trial set for 10/2/2023 at 09:30 AM before Judge Lewis A. Kaplan. Oral Argument set for 5/18/2023 at 10:00 AM before Judge Lewis A. Kaplan. Status Conference set for 5/18/2023 at 10:00 AM before Judge Lewis A. Kaplan) (Court Reporter Rebecca Forman) (ap) Modified on 1/3/2023 (ap).
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32 |
Filed: 12/30/2022, Entered: 1/4/2023 |
bond |
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Appearance Bond Entered as to Zixiao (Gary) Wang: $250,000 Personal recognizance bond; To be cosigned by one financially responsible person; Additional conditions..... (jbo)
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28 |
Filed: 12/30/2022, Entered: 12/30/2022 |
notice of attorney appearance - defendant |
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NOTICE OF ATTORNEY APPEARANCE: Christian R. Everdell appearing for Samuel Bankman-Fried. Appearance Type: Retained. (Everdell, Christian)
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27 |
Filed: 12/30/2022, Entered: 12/30/2022 |
notice of attorney appearance - defendant |
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NOTICE OF ATTORNEY APPEARANCE: Mark Stewart Cohen appearing for Samuel Bankman-Fried. Appearance Type: Retained. (Cohen, Mark)
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26 |
Filed: 12/28/2022, Entered: 12/28/2022 |
notice of attorney appearance - USA |
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NOTICE OF ATTORNEY APPEARANCE Samuel Raymond appearing for USA. (Raymond, Samuel)
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25 |
Filed: 12/28/2022, Entered: 12/28/2022 |
notice of attorney appearance - USA |
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NOTICE OF ATTORNEY APPEARANCE Andrew Rohrbach appearing for USA. (Rohrbach, Andrew)
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Filed: None, Entered: None |
set/reset hearings |
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Set/Reset Hearings as to Samuel Bankman-Fried: Arraignment and Initial Appearance set for 1/3/2023 at 02:00 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Mohan, Andrew)
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Filed: None, Entered: None |
set/reset hearings |
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Set/Reset Hearings as to Samuel Bankman-Fried: Arraignment and Initial Appearance set for 1/3/2023 at 02:00 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan.. (Mohan, Andrew)
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Filed: None, Entered: None |
Notice of Case Assignment/Reassignment |
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NOTICE OF CASE REASSIGNMENT as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison to Judge Lewis A. Kaplan. Judge Ronnie Abrams no longer assigned to the case. (jw)
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23 |
Filed: 12/23/2022, Entered: 12/23/2022 |
Order of recusal |
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ORDER OF RECUSAL in case as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison: It has come to the Courts attention that the law firm of Davis Polk & Wardwell LLP, at which my husband is a partner, advised FTX in 2021, as well as represented parties that may be adverse to FTX and Defendant Bankman-Fried in other proceedings (or potential proceedings). My husband has had no involvement in any of these representations. These matters are confidential and their substance is unknown to the Court. Nonetheless, to avoid any possible conflict, or the appearance of one, the Court hereby recuses itself from this action. See 28 U.S.C. § 455.SO ORDERED. Judge Ronnie Abrams is recused. (Signed by Judge Ronnie Abrams on December 23, 2022)(arc)
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22 |
Filed: 12/23/2022, Entered: 12/23/2022 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Zixiao (Gary) Wang. Notice is hereby given that an official transcript of a Plea proceeding held on 12/19/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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21 |
Filed: 12/23/2022, Entered: 12/23/2022 |
transcript |
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TRANSCRIPT of Proceedings as to Zixiao (Gary) Wang re: Plea held on 12/19/2022 before Judge Ronnie Abrams. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/13/2023. Redacted Transcript Deadline set for 1/23/2023. Release of Transcript Restriction set for 3/23/2023. (McGuirk, Kelly)
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20 |
Filed: 12/23/2022, Entered: 12/23/2022 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Caroline Ellison. Notice is hereby given that an official transcript of a Plea proceeding held on 12/19/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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19 |
Filed: 12/23/2022, Entered: 12/23/2022 |
transcript |
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TRANSCRIPT of Proceedings as to Caroline Ellison re: Plea held on 12/19/2022 before Judge Ronnie Abrams. Court Reporter/Transcriber: Sadie Herbert, (212) 805-0310, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/13/2023. Redacted Transcript Deadline set for 1/23/2023. Release of Transcript Restriction set for 3/23/2023. (McGuirk, Kelly)
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17 |
Filed: 12/22/2022, Entered: 12/22/2022 |
notice of attorney appearance - defendant |
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NOTICE OF ATTORNEY APPEARANCE: Stephanie Avakian appearing for Caroline Ellison. Appearance Type: Retained. (Avakian, Stephanie)
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16 |
Filed: 12/22/2022, Entered: 12/22/2022 |
Order |
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ORDER as to Samuel Bankman-Fried. An initial conference is scheduled for January 3, 2023 at 2:00 p.m. and will be held in Courtroom 318 at the Thurgood Marshall United States Courthouse, 40 Foley Square. SO ORDERED. ( Initial Conference set for 1/3/2023 at 02:00 PM in Courtroom 318, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. )(Signed by Judge Ronnie Abrams on 12/22/2022)(bw)
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15 |
Filed: 12/22/2022, Entered: 12/22/2022 |
Order |
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ORDER as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison. On December 19, 2022, Defendants Ellison and Wang waived indictment, consented to the filing of a Superseding Information, and pleaded guilty to each of the counts with which they were charged. At the time their pleas were entered, the Court granted the government's application that the filings and transcripts of the plea allocutions would be temporarily sealed, and docketing delayed until such time as Defendant Bankman-Fried was extradited to this district from the Bahamas, finding that premature exposure of cooperation could hinder ongoing law enforcement efforts. The government now requests that the plea agreements include certain limited redactions upon unsealing. Defendant Ellison additionally requests the redaction of health-related information from the transcript of her plea allocution. For the reasons that follow, the Court grants the instant applications....[*** See this Order ***]... CONCLUSION: Accordingly, for the reasons articulated above, the Court grants the government's application to redact certain portions of the plea agreements, and grants Defendant Ellison's application to redact health-related questions and answers in the transcript of her plea allocution. All other materials related to these pleas---with the exception of the oral recitation of Defendant Wang's pretrial services report, see 18 U.S.C. § 3153(c)(1)---shall be immediately unsealed to the extent that they have not been already. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/22/2022)(bw)
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14 |
Filed: 12/22/2022, Entered: 12/22/2022 |
bond |
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Appearance Bond Entered as to Samuel Bankman-Fried: $250,000,000 Personal recognizance bond; To be cosigned by four financially responsible persons, one non family; Additional conditions..... (jbo) Modified on 12/22/2022 (jm).
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13 |
Filed: 12/22/2022, Entered: 12/22/2022 |
initial appearance |
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Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Initial Appearance as to Samuel Bankman-Fried held on 12/22/2022. Defendant is present with attorneys Mark Cohen and Christian Everdell; AUSA Nicolas Roos is also present. Bail is set as follows: $250,000,000 PRB cosigned by four (4) financially responsible persons (one non-family) and secured by parent's home in Palo Alto; travel restricted to SDNY/EDNY (solely for Court appearances) and ND California; surrender travel documents and no new applications; strict Pretrial supervision; mental health evaluation/treatment as directed by Pretrial Services; home detention; location monitoring technology as directed by Pretrial Services; Defendant not to possess firearm/destructive device other weapon; two (2) non-parent sureties to sign bonds in lesser amounts to be agreed to; Defendant to live in parents' home in Palo Alto in N.D. California and to be supervised from that District; Pretrial Services office may exercise discretion to allow Defendant to leave home for exercise; Defendant not to open new lines of credit, open a business, or enter into financial transactions in excess of $1,000 without pre-approval of the Government or Court, except to pay for legal costs and fees; equity interest in parent's home to be posted by 1/12/23. Defendant to be released on own signature plus signature of parents and surrender of passport/installation of electronic monitor with remaining conditions to be met by 1/5/23. Conference before USDJ on 1/3/23 at 2:00 PM. Speedy Trial Time excluded until 1/3/23. (jm) Modified on 12/22/2022 (jm).
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12 |
Filed: 12/22/2022, Entered: 12/22/2022 |
notice of attorney appearance - defendant |
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NOTICE OF ATTORNEY APPEARANCE: Nicholas Werle appearing for Caroline Ellison. Appearance Type: Retained. (Werle, Nicholas)
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11 |
Filed: 12/22/2022, Entered: 12/22/2022 |
notice of attorney appearance - defendant |
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NOTICE OF ATTORNEY APPEARANCE: Anjan Sahni appearing for Caroline Ellison. Appearance Type: Retained. (Sahni, Anjan)
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10 |
Filed: 12/22/2022, Entered: 12/22/2022 |
notice of attorney appearance - defendant |
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NOTICE OF ATTORNEY APPEARANCE: Alex B. Miller appearing for Zixiao (Gary) Wang. Appearance Type: Retained. (Miller, Alex)
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110 |
Filed: 12/19/2022, Entered: 3/24/2023 |
bond |
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Appearance Bond Entered as to Caroline Ellison: $250,000 Personal recognizance bond; Additional conditions..... (jbo)
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24 |
Filed: 12/19/2022, Entered: 12/23/2022 |
Endorsed Letter |
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ENDORSED LETTER as to Caroline Ellison addressed to Judge Ronnie Abrams from Anjan Sahni dated December 19, 2022 ENDORSEMENT: Defendants motion to seal the courtroom during todays plea hearing is denied. The Second Circuit has instructed that closure should be invoked only upon a showing of a significant risk of prejudice to the defendant's right to a fair trial or of danger to persons, property, or the integrity of significant activities entitled to confidentiality, such as ongoing undercover investigations or detection devices. Application of The Herald Co., 734 F.2d 93, 100 (2d Cir. 1984). While the Court is sensitive to Defendants concerns about her privacy, a generalized interest in avoiding public attention or press scrutiny is not a compelling interest that justifies closure of the courtroom. See United States v. Doe, 63 F.3d 121, 127-28 (2d Cir. 1995); see also United States v. Martoma, No. 12-cr-973 (PGG), 2014 WL 164181, at *6 (S.D.N.Y. Jan. 9, 2014) (observing that, "although courts consider the defendant's privacy interest" in evaluating whether to close a proceeding, "it is generally the privacy interests of innocent third parties that weigh heavily in a court's balancing equation") (cleaned up) (emphasis in original). Nor has Defendant shown that denying this motion would pose a substantial probability of danger to her. Doe, 63 F.3d at 129-130. SO ORDERED. (Signed by Judge Ronnie Abrams on December 19, 2022)(arc)
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18 |
Filed: 12/19/2022, Entered: 12/22/2022 |
initial appearance |
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Minute Entry for proceedings held before Judge Ronnie Abrams: Initial Appearance as to Zixiao (Gary) Wang held on 12/19/2022. Bond Hearing as to Zixiao (Gary) Wang held on 12/19/2022. AUSAs Nicolas Roos, Danielle Sassoon for the Government. Ilan T. Graff, Alex Miller for Defendant. BAIL DISPOSITION: AGREED CONDITIONS OF RELEASE; $250,000 PRB; 1 FRP; TRAVEL RESTRICTED TO SDNY/EDNY/continental United States; SURRENDER TRAVEL DOCUMENTS (& NO NEW APPLICATIONS); PRETRIAL SUPERVISION: AS DIRECTED BY PRETRDEF. WAIVES INDICTMENT. IAL SERVICES. DEFENDANT NOT TO COMMUNICATE WITH CO-DEFENDANTS. (ap)
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9 |
Filed: 12/19/2022, Entered: 12/22/2022 |
Waiver of Indictment |
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WAIVER OF INDICTMENT by Caroline Ellison. (jm)
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8 |
Filed: 12/19/2022, Entered: 12/22/2022 |
information - felony |
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S(2) INFORMATION (Felony) filed as to Caroline Ellison (3) count(s) 1, 2, 3, 4, 5, 6, 7. (jm)
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7 |
Filed: 12/19/2022, Entered: 12/22/2022 |
Waiver of Indictment |
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WAIVER OF INDICTMENT by Zixiao (Gary) Wang. (jm)
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6 |
Filed: 12/19/2022, Entered: 12/22/2022 |
information - felony |
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S(1) INFORMATION (Felony) filed as to Zixiao (Gary) Wang (2) count(s) 1, 2, 3, 4. (jm)
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Filed: None, Entered: None |
Plea Entered |
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Minute Entry for proceedings held before Judge Ronnie Abrams: Plea entered by Zixiao (Gary) Wang (2) Guilty as to Count 1,2,3,4. (ap)
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Filed: None, Entered: None |
Transmission to Sealed Records Clerk |
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Transmission to Sealed Records Clerk: as to Samuel Bankman-Fried, Zixiao (Gary) Wang, Caroline Ellison. Transmitted re: [15] ORDER, to the Sealed Records Clerk for the unsealing of document(s). (bw)
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Filed: None, Entered: None |
arraignment |
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Minute Entry for proceedings held before Judge Ronnie Abrams:Arraignment as to Zixiao (Gary) Wang (2) Count 1,2,3,4 held on 12/19/2022. AUSA Nicolas Roos present. AUSA Danielle Sassoon present. Pretrial Services Officer Evelyn Alvayero present. Defendant (2) Zixiao (Gary) Wang present with attorneys Ilan Graff and Alex Miller. Court reporter Sam Mauro present. Defendant waives Indictment and pleads guilty to Counts One, Two, Three, and Four of the Superseding Information. A control sentence date is scheduled for December 19, 2023. (Court Reporter Sam Mauro) (ap)
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Filed: None, Entered: None |
Set Hearings |
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Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: As to Samuel Bankman-Fried Status Conference set for 1/3/2023 at 02:00 PM before Judge Ronnie Abrams. (jm)
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Filed: None, Entered: None |
arrest |
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Arrest of Zixiao (Gary) Wang. (ap)
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Filed: None, Entered: None |
Plea Entered |
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Minute Entry for proceedings held before Judge Ronnie Abrams: Plea entered by Caroline Ellison (3) Guilty as to Count 1,2,3,4,5,6,7. (ap)
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Filed: None, Entered: None |
arraignment |
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Minute Entry for proceedings held before Judge Ronnie Abrams: Arraignment as to Caroline Ellison (3) Count 1,2,3,4,5,6,7 held on 12/19/2022.AUSA Nicolas Roos present. AUSA Danielle Sassoon present. Pretrial Services Officer Lea Harmon present. Defendant (3) Caroline Ellison present with attorneys Anjan Sahni, Peter G. Neiman, Stephanie Avakian and Nick Werle. Defendant waives Indictment and pleads guilty to Counts One, Two, Three, Four, Five, Six and Seven of the Superseding Information. A control sentence date is scheduled for December 19, 2023. (Court Reporter Sadie Herbert) (ap)
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Filed: None, Entered: None |
initial appearance |
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Minute Entry for proceedings held before Judge Ronnie Abrams: Initial Appearance as to Caroline Ellison held on 12/19/2022. Bond Hearing as to Caroline Ellison held on 12/19/2022. AUSA Nicolas Roos and Danielle Sassoon for the Government. Anian Sahni, Peter G. Neiman, Stephanie Avakian, Nick Werle, for the Defendant. BAIL DISPOSITION: AGREED CONDITIONS OF RELEASE; $250,000 PRB; TRAVEL RESTRICTED TO SDNY/EDNY/continental United States; SURRENDER TRAVEL DOCUMENTS (& NO NEW APPLICATIONS); PRETRIAL SUPERVISION: AS DIRECTED BY PRETRIAL SERVICES. DEF. WAIVES INDICTMENT. (ap) (ap).
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Filed: None, Entered: None |
arrest |
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Arrest of Caroline Ellison. (ap)
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5 |
Filed: 12/13/2022, Entered: 12/13/2022 |
notice of attorney appearance - USA |
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NOTICE OF ATTORNEY APPEARANCE Nicolas Roos appearing for USA. (Roos, Nicolas)
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4 |
Filed: 12/13/2022, Entered: 12/13/2022 |
Letter |
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LETTER by USA as to Samuel Bankman-Fried addressed to Judge Ronnie Abrams from AUSA Danielle R. Sassoon dated December 13, 2022 re: status letter Document filed by USA. (Sassoon, Danielle)
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2 |
Filed: 12/13/2022, Entered: 12/13/2022 |
Order to Unseal Indictment |
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Order to Unseal Indictment as to Sealed Defendant 1. (Signed by Magistrate Judge James L. Cott on 12/13/22)(jm)
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Filed: None, Entered: None |
Add and Terminate Attorneys |
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Attorney update in case as to Samuel Bankman-Fried. Attorney Danielle Renee Sassoon for USA added. (jm)
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Filed: None, Entered: None |
Case Assigned/Reassigned |
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Case as to Samuel Bankman-Fried ASSIGNED to Judge Ronnie Abrams. (jm)
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Filed: None, Entered: None |
Case Designated ECF. |
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Case Designated ECF as to Samuel Bankman-Fried. (jm)
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Filed: None, Entered: None |
Indictment Unsealed |
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INDICTMENT UNSEALED as to Samuel Bankman-Fried. (jm)
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1 |
Filed: 12/9/2022, Entered: 12/13/2022 |
Indictment (Sealed) |
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SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 2, 3, 4, 5, 6, 7, 8. (jm)
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