New paperwork reveal prosecutors in Sam Bankman-Fried’s fraud trial are opposing his bid to make use of arguments in regards to the US regulatory framework to fight his fees.
In a brand new courtroom submitting, the federal government says the previous FTX chief government shouldn’t be in a position to argue that he’s harmless as a result of FTX was “not regulated in america and he adopted the principles with respect to FTX US.”
“The Authorities beforehand moved to preclude such [an] argument as irrelevant, and extra prejudicial and complicated than probative underneath Federal Rule of Proof 403. The defendant opposed the movement.”
In line with the defendant, the legal guidelines – or absence of them – are related as a result of they’d set up whether or not he technically misappropriated funds or not.
Bankman-Fried suggests there aren’t any particular legal guidelines that prohibit crypto exchanges from utilizing customer-deposited funds for their very own functions.
However prosecutors say Bankman-Fried’s argument is finally irrelevant, and will confuse the jury.
“The defendant first argues that the existence of legal guidelines or laws prohibiting the usage of funds is related as to if ‘the funds have been actually misappropriated.’ To show misappropriation, the federal government should set up that the defendant fraudulently appropriated for his personal use the cash ‘entrusted to [his] care by one other.’
Whereas the existence of a regulation may be related to ascertain a statutory obligation of care, the absence of regulation isn’t related as to if cash was, actually, entrusted to the defendant’s care by his victims. [Any] proof or argument in regards to the absence of regulation is simply prone to confuse the jury into believing that there should be a regulation imposing an obligation for misappropriation to have occurred…
Moreover, the Authorities alleges that the defendant not simply misappropriated buyer cash, however made materials misrepresentations to prospects. The putative ‘absence of clearly relevant legal guidelines or laws’ is irrelevant as to if the defendant made materials misstatements or omissions.”
Bankman-Fried’s trial is coming into its second day. He faces a number of many years behind bars.
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