Overview
- The motion, entered on Feb. 10 in the Southern District of New York and filed via his mother due to his incarceration, is separate from his pending appeal.
- Bankman-Fried alleges prosecutors withheld evidence, pressured witnesses, and seeks Judge Lewis Kaplan’s recusal, citing potential testimony from former executives Daniel Chapsky and Ryan Salame.
- He asserts FTX was not insolvent and claims a $16.5 billion surplus at the 2022 petition date, a position that conflicts with court records of roughly an $8 billion customer shortfall and prior rulings that later recoveries are irrelevant to fraud.
- His verified X account, operated through intermediaries, reiterates that “FTX was never bankrupt,” a narrative that has periodically coincided with speculative spikes in FTX-linked tokens.
- Prosecutors have denied misconduct allegations, Rule 33 motions face a high legal bar, and the FTX bankruptcy estate continues asset recoveries and creditor distributions independent of the criminal case.