Judge rules against Sam Bankman-Fried’s subpoena to obtain documents from Fenwick & West law firm.
A U.S. judge has rejected FTX founder Sam Bankman-Fried’s request to subpoena law firm Fenwick & West as part of his criminal defense, according to a court order issued on Friday.
The founder of crypto enterprise FTX faces criminal charges from U.S. prosecutors over the exchange’s dramatic collapse while undergoing separate bankruptcy procedures in Delaware. In May, he argued in court filings that he had followed legal advice from Fenwick & West on issues related to the allegations against him, such as opening a North Dimension bank account and using auto-deleting Signal messages.
Bankman-Fried attempted to force U.S. prosecutors to hand over documents provided by Fenwick & West, or alternatively, to subpoena the law firm for the same documents. However, New York District Court Judge Lewis A. Kaplan denied this request, stating that neither Fenwick & West nor the FTX Debtors are part of the “prosecution team.” The judge also noted that the government is not obligated to provide materials that are not within its possession, custody, or control.
The judge further stated that Bankman-Fried’s proposed subpoena would constitute a “fishing expedition” and does not meet the requirements of specificity, relevance, and admissibility set by legal precedents such as the 1974 U.S. case against former President Richard Nixon.
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According to Reuters, Fenwick & West has sought legal help from Gibson, Dunn & Crutcher over its relationship with FTX.
Bankman-Fried’s criminal trial is scheduled to begin later this year.
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Reporting contributed by Jack Schickler. Edited by Nikhilesh De.
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