U.S. District Judge Lewis A. Kaplan formally denied Sam Bankman-Fried's request for a new trial on April 28, 2026, ruling that the former FTX CEO's allegations were 'baseless on multiple levels, each sufficient on its own.' The decision locks in Bankman-Fried's 25-year prison sentence, closing a significant legal avenue at the district court level.
Background of the Motion and the Ruling
Bankman-Fried filed the pro se motion around February 10, 2026, under Federal Rule of Criminal Procedure 33, claiming new testimony from former FTX executive Ryan Salame and an individual identified as Daniel Chapsky undermined the government's case. Prosecutors vigorously opposed the motion in March 2026, arguing the allegations lacked merit. Judge Kaplan agreed, noting that even if the purported new evidence were accepted, it would not likely lead to acquittal given the overwhelming weight of evidence presented at trial.
Before the ruling, Bankman-Fried sent a handwritten letter to the court on April 22, 2026, seeking to withdraw the motion without prejudice. He cited two reasons: insufficient time to respond to the government's opposition, and his belief that Judge Kaplan could not grant a fair trial. Judge Kaplan denied the withdrawal request and proceeded to rule on the motion's merits.
Role of SBF's Mother in Drafting the Motion
Bankman-Fried's letter also addressed the court's concerns about who drafted the legal filings. He denied any improper ghostwriting but acknowledged that his mother, Barbara Fried, provided editorial suggestions and helped print the documents. Judge Kaplan had scrutinized the motion because Fried is not a licensed attorney. The judge ultimately accepted the filing as procedurally valid, though its substantive claims were rejected.
Ongoing Appeals and Recusal Request
Bankman-Fried was convicted in November 2023 on seven counts of fraud and conspiracy related to the collapse of FTX and Alameda Research, resulting in billions of dollars in customer losses. He was sentenced to 25 years in March 2024. His direct appeal is currently before the Second Circuit Court of Appeals, with oral arguments heard in 2025. That case remains active and is independent of the Rule 33 motion.
Additionally, a motion to disqualify Judge Kaplan for bias remains pending. Bankman-Fried has reserved the right to refile the new trial motion once the recusal request and the direct appeal are resolved. For now, the district court door is firmly shut on this particular legal initiative.
The next chapter hinges on the Second Circuit's handling of the direct appeal. If that fails, Bankman-Fried may seek Supreme Court review or a presidential pardon. Meanwhile, his 25-year sentence continues in federal custody with no changes ordered.