According to the former exchange executive’s legal representative, Voyager‘s subpoena is procedurally flawed, places an excessive burden on the subject, and may even be in violation of the fifth amendment.
His legal counsel has referred to a subpoena for Sam Bankman-Fried as “procedurally flawed” because it was issued to his mother, Barbara Fried, rather than to Sam.The legal representative for Bankman-Fried is making the claim that U.S. court precedent dictates that this particular sort of subpoena must be physically delivered to the person listed rather than being left in the custody of another person.
Attorneys for Voyager Digital’s creditors are looking into FTX’s attempt to save the crypto lender after it declared bankruptcy in July 2022.The particular subpoena in question is known as a Rule 45 subpoena, and it directs the identified person to deliver specific documents for review and copying. These subpoenas are used to obtain the records and papers needed for court actions.
“The Rule requires that Mr. Bankman-Fried be personally served with the subpoena, and leaving it in Barbara Fried’s hands does not meet this requirement. Counsel writes, citing earlier decisions from various instances, “Substitute service is generally not permissible to serve a Rule 45 subpoena.
Additionally, according to Bankman-legal Fried’s representative, the subpoena unfairly burdens him because it only offers him one working day to submit 49 distinct papers and a four-day notice to appear. Furthermore, it was offered prior to the Presidents Day long weekend.
The Fifth Amendment’s prohibition against self-incrimination would also possibly be violated if the subpoena were obeyed by Bankman-Fried.Each of the document requests, they add, “calls for papers that may be related to the Criminal Case, in which loans by and to Alameda are at issue.”
“The requested production would require examining a substantial amount of material and determining whether or not they are responsive—a procedure that could be construed to constitute an incriminating testimonial conduct in the Criminal Case.”On February 22, a new hearing for Voyager’s creditors is scheduled in New York.
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