As the trial of Sam Bankman-Fried draws near, the prosecution is taking measures to prevent him from tampering with witnesses and manipulating public opinion. Following the collapse of FTX, Bankman-Fried went on an “apology tour,” denying any wrongdoing and making excuses for the mismanagement of his former empire. He even posted a substack article blaming the company’s solvency issues on someone else.
While Bankman-Fried has already been barred from directly interacting with witnesses due to his attempts to reach out to them, the prosecution suspects he is still attempting to influence key witnesses’ public perception, potentially impacting the jury trial.
Last week, an anonymous source leaked a private diary belonging to Caroline Ellison to the media, with U.S. government representatives believing Bankman-Fried to be the source. The prosecution sought a gag order to prevent further actions that could affect the jury pool and discourage witnesses from testifying.
Bankman-Fried’s legal team accepted the gag order but also requested similar orders be placed on John J Ray III, the prosecution, and other potential sources. They argue that negative media coverage, including ad hominem attacks by Ray against Bankman-Fried, has created a toxic environment that forced him to respond.
Ironically, Bankman-Fried had already vilified himself through his actions and statements before his arrest, regardless of his genuine beliefs or strategy.
It remains uncertain whether Judge Kaplan will rule in favor of the return gag order request, especially as Bankman-Fried’s alleged misdeeds have already been widely covered by reputable journalistic institutions. The trial will likely attract significant media attention, but the court’s judgment will ultimately determine its outcome based on the presented evidence and arguments.
