FTX Founder’s efforts to dismiss some charges have been rejected by the judge.

The judge in charge of Sam Bankman-Fried’s criminal trial seemed doubtful about his attempts to dismiss some of the charges against him. Judge Lewis Kaplan, from the U.S. District Court for the Southern District of New York, asked Bankman-Fried’s defense team several questions about their motion to dismiss charges related to bank fraud, wire fraud, and campaign finance. However, he did not make a decision about the motions during the Thursday hearing. One of the defense attorneys argued that the U.S. Department of Justice was attempting to introduce new legal theories in its prosecution, to which the judge commented, “I’d like to congratulate you on an extraordinarily imaginative defense.”

Another attorney for Bankman-Fried, Mark Cohen, argued that the campaign finance charge should be dismissed or at least separated from the other charges on a technical detail. Cohen stated that the operative document in extradition is the warrant of surrender, which does not include the campaign finance charge. He contended that Bankman-Fried never consented to be extradited on that charge. Later, a prosecutor disputed this assertion, saying that the U.S. had included the charge in its extradition request. The prosecutor added that although the warrant did not include the charge, the Bahamian court was aware of it.

Judge Kaplan seemed unconvinced and skeptical about the defense’s efforts to dismiss the bank and wire fraud charges. During the hearing, they discussed the possible timeline for the start of the criminal trial. While the DOJ presented a proposed timeline, the judge stated that it did not give him enough time to review all the materials he would need to look at. He also denied several of the defense’s motions tied to discovery, including an effort to have the DOJ review FTX documents and materials.

Last month, Bankman-Fried’s attorneys filed to dismiss most of the charges against him, arguing that there were many different reasons to grant the motions. Several of the motions to dismiss focused on claimed legal issues, including failure to state an offense or allege valid property rights. Bankman-Fried also sought to dismiss some charges brought after he was extradited to the U.S. on the grounds that the Bahamas hadn’t consented to them. Prosecutors have added another five charges through multiple superseding indictments since his initial arrest on eight charges last December. Bankman-Fried’s attorneys argued that the Bahamas’ government needs to sign off on the charges brought post-extradition, and on Tuesday, the Bahamas Supreme Court ruled that he should have an opportunity to argue against the country approving the additional charges. Late on Wednesday night, prosecutors agreed to hold off on these added charges until the Bahamas signed off. Prosecutors pushed back against the defense’s other motions, saying that their arguments did not carry enough weight on the procedural issues. Edited by Jesse Hamilton.

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