The U.S. Department of Justice (DOJ) is still insisting Sam Bankman-Fried, the disgraced FTX founder, be jailed pending trial after his counsels conceded that he shared Caroline Ellison’s diary with the New York Times, according to an Aug. 3 court filing.
The DOJ claimed the action of the former FTX CEO in sharing the diary exceeds making a fair comment, adding that this and his previous infractions were enough grounds to send him to jail.
According to the DOJ, SBF allegedly shared Ellison’s diary in an attempt “to intimidate, harass, and embarrass someone he knows is slated to testify against him and provoke an emotional response in potential jurors and color a potential juror’s view of that witness.”
The DOJ further argued that SBF’s alleged previous contact with a witness in January led to a court warning. At the time, the Court said there was probable cause to believe that SBF “committed or attempted to commit a federal felony while on release, namely witness tampering or attempted witness tampering.”
Yet, that has not stopped him from making a similar attempt again. The DOJ wrote:
“The record here establishes that the defendant went beyond benignly exercising a constitutional right to speak to the press—he took covert steps intended to improperly discredit a trial witness and taint the jury pool.”
The DOJ’s filing refutes the defense team’s claim that the prosecution has misrepresented Bankman-Fried’s actions. According to the DOJ, the defense team is making this mistake, detailing how SBF deliberately influenced a witness and public opinion about a witness while trying to hide his tracks.
This filing is the second from the DOJ after the prosecutors moved a motion to revoke SBF’s bail bond.
In the first filing, the prosecutors pointed to several instances where SBF violated the conditions for his house arrest. Alleged violations include unauthorized communication with FTX.US’s General Counsel and using a VPN to watch the Super Bowl.
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