U.S. District Judge Lewis Kaplan denied Sam Bankman-Fried’s motion for a new trial on April 28, ruling that his claims of newly discovered evidence were “baseless on multiple independently sufficient levels.” The court also refused to let the former FTX chief withdraw the motion before a decision was issued, closing this Rule 33 effort at the district court level.
Judge says proposed testimony would not change the verdict
Bankman-Fried filed the motion pro se around Feb. 10, 2026, seeking a new trial under Rule 33 of the Federal Rules of Criminal Procedure. He argued that testimony from former FTX executive Ryan Salame and another individual identified as Daniel Chapsky undercut the government’s case. Prosecutors opposed the filing in March 2026 and said the arguments lacked merit. Kaplan agreed, finding that the claimed new evidence would not likely lead to an acquittal given the weight of the evidence presented at trial.
Withdrawal request failed before the ruling landed
Before the court issued its decision, Bankman-Fried sent a handwritten letter on April 22, 2026, asking to withdraw the motion without prejudice. He offered two reasons: he said he had not been given enough time to answer the government’s opposition, and he did not believe he would receive a fair hearing from Judge Kaplan. The judge denied that request and proceeded to rule on the motion.
The letter also addressed the court’s questions about who prepared the filing. Bankman-Fried denied any improper ghostwriting, but acknowledged that his mother, Barbara Fried, gave editorial suggestions and helped print the document. Kaplan had examined that issue because Fried is not a licensed attorney.
Sentence remains in place as appeal continues
Bankman-Fried was convicted in November 2023 on seven counts of fraud and conspiracy tied to the collapse of FTX and Alameda Research, a case involving billions of dollars in missing customer funds. He was sentenced in March 2024 to 25 years in prison. The latest ruling does not alter his incarceration status, and no change has been ordered.
His direct appeal remains active before the Second Circuit Court of Appeals, where oral arguments were held in 2025. That appeal is separate from the Rule 33 motion Kaplan has now denied. A separate request seeking Judge Kaplan’s removal from the case on bias grounds is also still pending. Bankman-Fried has reserved the right to renew his new-trial effort after the reassignment request and the direct appeal are resolved.