In a highly anticipated trial set to begin today, FTX founder Sam Bankman-Fried (SBF) faces a new legal challenge as his attorneys seek to limit the prosecution’s use of a Ukrainian witness in criminal proceedings. 

Bankman-Fried’s legal team has requested Judge Lewis A. Kaplan to deny the Department of Justice’s (DOJ) motion to permit the witness, FTX Customer-1, to testify remotely. 

The move has sparked a heated debate, with both sides presenting arguments centered around constitutional rights and the relevance of the proposed testimony.

Sam Bankman-Fried Defense Raises Concerns Over Redundant Testimony

The DOJ’s motion, submitted on September 30, argued that the Ukrainian witness’s circumstances, including being impacted by the Russian invasion of Ukraine and suffering substantial financial losses on the collapsed FTX exchange, warranted remote testimony due to the challenges of international travel. 

However, Bankman-Fried’s attorneys contend that such testimony would violate their client’s rights under the Sixth Amendment’s Confrontation Clause, guaranteeing the right to face one’s accusers.

One of the key points that Sam Bankman-Fried’s legal team raised is the witness’s testimony being “cumulative” and “lacking materiality.” The lawyers argue that the proposed testimony would duplicate information provided by other customers and introduce irrelevant factors related to the witness’s hardships resulting from the Ukrainian conflict. 

Sam Bankman-Fried’s lawyers assert that allowing remote testimony under these circumstances would elicit sympathy

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Author: Ronaldo Marquez

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