Sam Bankman-Fried (SBF) is looking for to subpoena paperwork from Fenwick & West. That’s the legislation agency that served as the surface counsel to FTX, Alameda Analysis and SBF personally from “early of their improvement” till the FTX chapter. Now SBF’s authorized workforce needs to make use of the paperwork in his protection within the 13-count felony case in opposition to him.
In response to a memorandum filed in the USA District Court docket for the Southern District of New York, Fenwick has said that it can’t flip over the paperwork with out the permission of the FTX debtors. The paperwork signify recommendation and different content material produced by the agency.
The paperwork are already within the fingers of the FTX debtors and the federal government. FTX has waived any claims of attorney-client privilege protections of the paperwork in at the least one case, the memorandum said. It added:
“The FTX Debtors have given the Authorities full entry to its paperwork, with out the necessity to difficulty subpoenas, and are so enmeshed within the Authorities’s investigation that they have to be thought-about a part of the ‘prosecution workforce’ for functions of the Authorities’s discovery obligations.”
The paperwork are grouped into 11 requests that contact on “important matters which are materials to making ready the protection.” The subject material contains FTX’s, FTX US’ and Alameda’s incorporation, monetary and authorized ties amongst these organizations, the incorporation of North Dimension and North Wi-fi Dimension, the organizations’ relations to Silvergate Bank, FTX data retention policies, liquidity and margin lending, registration as a cash companies enterprise, and a wide range of statements the organizations made.
The memorandum cites Guidelines 16 and 17 of the Federal Guidelines of Felony Process, which concern the disclosure of data utilized by the federal government in a trial and subpoenas, respectively, in addition to the U.S. Supreme Court docket’s Brady choice on proof disclosure.
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— Fenwick (@FenwickWest) May 30, 2023
SBF has pleaded not guilty to eight fees that would land him in jail for 115 years. 5 fees were added to the original eight after his extradition from the Bahamas. He later sought the dismissal of a lot of the fees.