Sam Bankman-Fried, the former FTX CEO serving a 25-year prison sentence, has withdrawn his request for a new criminal trial while continuing to pursue his appeal and separate challenges to his conviction. The filing was submitted in the US District Court for the Southern District of New York, where Judge Lewis Kaplan is overseeing post-trial proceedings.
The decision marks a procedural shift rather than an end to his legal efforts. Bankman-Fried confirmed that the Rule 33 motion, which allows a convicted defendant to request a new trial in the interest of justice, will be withdrawn “without prejudice.” That phrasing leaves open the option to refile the motion later, once other appellate steps conclude.
He wrote that the motion may be renewed after his direct appeal and a separate request for judicial reassignment are resolved. His conviction appeal remains under review by the US Court of Appeals for the Second Circuit.
Court scrutiny over self-filed motion
The withdrawal follows a series of exchanges with Judge Lewis Kaplan, who raised questions about how the motion was prepared. The court asked whether Bankman-Fried received legal assistance while submitting filings on a pro se basis, meaning without a lawyer.
That inquiry followed concerns from prosecutors who suggested that outside assistance may have influenced earlier submissions. The court also referenced a letter submitted by Bankman-Fried’s mother, Barbara Fried, which was sent without formal standing in the case.
In response, Bankman-Fried stated,
“I am the author of this letter, but I consulted my parents about it because it concerns both of them.”
He also noted logistical limitations linked to incarceration, including lack of access to standard writing tools. He said he had spent time responding to court inquiries instead of focusing on the prosecution’s opposition.
He added,
“I do not believe I will get a fair hearing on this topic in front of you.”
Claims of bias remain part of broader appeal strategy
While withdrawing the Rule 33 motion, Bankman-Fried kept active his request for a different judge to oversee future proceedings. Earlier filings argued that Judge Kaplan demonstrated “extreme prejudice” during trial proceedings.
That request remains pending and forms part of a broader procedural dispute that continues alongside his appeal. The reassignment argument has not been withdrawn, and it remains separate from the motion that has now been pulled.
The appeal itself is also moving independently through the Second Circuit Court of Appeals, which is reviewing both his conviction and 25-year sentence.
From conviction to incarceration in federal custody
Bankman-Fried was convicted in 2023 on multiple fraud and conspiracy charges tied to the collapse of FTX. Prosecutors said customer funds were misused at scale, while the defense has continued to dispute aspects of the case through post-trial filings.
Following sentencing, he was moved to the Federal Correctional Institution in Lompoc, California, where he is currently serving his term.
His February filing sought a new trial under Rule 33, arguing that new evidence and testimony issues affected the original proceedings. That argument is now paused, although not permanently dismissed due to the “without prejudice” status of the withdrawal.
Tactical shift in ongoing legal proceedings
The withdrawal consolidates Bankman-Fried’s legal focus on two remaining fronts: his direct appeal and his request for judicial reassignment. Both remain active in separate judicial channels.
The filing itself came after a March 23 directive from Judge Kaplan requesting clarification on how the motion had been prepared. That order introduced questions about authorship and legal assistance, which prosecutors had already raised.
Bankman-Fried’s latest response stated that he authored the filing himself while consulting with his parents. He also noted that any external legal input was limited and did not materially shape the final motion.
FTX case continues through appellate system
The FTX collapse remains one of the most significant criminal cases in the cryptocurrency sector. Bankman-Fried’s conviction closed one chapter of the trial process, but post-conviction litigation continues to shape the legal outcome.
His withdrawn motion signals a narrowing of arguments at the district court level, while appellate review becomes the primary avenue for challenging both conviction and sentence.
For now, the case remains active across multiple judicial tracks, with no final resolution in the appeal stage.
Gunel Ismayilova
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