Sam Bankman-Fried, the former CEO of FTX, has withdrawn his Rule 33 motion seeking a new trial in his criminal case, while continuing to challenge his conviction through other legal avenues.
Summary
Bankman-Fried has dropped his request for a new trial “without prejudice,” meaning he may refile it later. His appeal and request for a new judge remain active. He told the court he authored the filing himself after consulting his parents and legal team.
Motion withdrawn, but legal fight continues
In a filing submitted to the U.S. District Court for the Southern District of New York, Bankman-Fried informed Judge Lewis Kaplan that he would withdraw his motion for a new trial at this stage. By doing so “without prejudice,” he retains the option to revive the request after further court proceedings.
He indicated that the motion could be reintroduced after decisions are made on his direct appeal and on his separate request to have a different judge oversee future proceedings.
Response to court scrutiny
The latest filing follows questions from Judge Kaplan regarding whether Bankman-Fried’s earlier pro se motion had been independently drafted. Prosecutors had raised concerns about its authorship, given that he is currently incarcerated.
In response, Bankman-Fried stated that he personally wrote the letter but consulted his parents due to their relevance to the case. He also noted that addressing the court’s questions limited his ability to fully respond to prosecutors.
“I do not believe I will get a fair hearing on this topic in front of you,” he wrote, reiterating concerns about judicial impartiality.
Push for new judge remains
Although the retrial request has been withdrawn, Bankman-Fried is still seeking to have a different judge assigned to any future Rule 33 motion. Earlier filings accused Judge Kaplan of showing “extreme prejudice,” and that reassignment request remains under consideration.
At the same time, his direct appeal is ongoing before the U.S. Court of Appeals for the Second Circuit, proceeding independently of the withdrawn motion.
Background: FTX collapse and conviction
Bankman-Fried is currently serving a 25-year prison sentence after being convicted in 2023 on multiple fraud and conspiracy charges tied to the collapse of FTX. Prosecutors alleged he misappropriated roughly $8 billion in customer funds.
While his February motion for a new trial argued that new evidence and omitted testimony undermined the prosecution’s case, that argument has now been set aside—at least temporarily.
For now, the broader legal battle over his conviction and sentence continues to unfold in the courts.
