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FTX Founder Sam Bankman-Fried Intends to Blame Fenwick & West Lawyers in His Defense

Sam Bankman-Fried appeared in court Tuesday to plead not guilty to latest indictment.

Sam Bankman-Fried intends to argue he was acting in "good faith" in loaning funds to FTX and Alameda executives, in setting Signal messages to auto-delete and in setting up a set of North American entities because he was following the advice of lawyers, including law firm Fenwick & West.

The FTX founder's defense team published a letter Wednesday detailing his planned "advice of counsel" strategy, saying he would produce evidence that both in-house and Fenwick attorneys "were involved in reviewing and approving decisions related to these matters."

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"Evidence of the defendant’s reliance on counsel is relevant to the question of intent and is not limited to situations where the defense can establish that the defendant formally sought out the advice of counsel, received legal advice, and followed the advice given," the letter said.

CoinDesk has reached out for comment to Fenwick & West but did not immediately receive a response.

The letter also took issue with the Department of Justice's argument for more information about the defense, saying prosecutors had previously pushed back against the defense team's unsuccessful bid to get information from the law firm.

Bankman-Fried appeared in court Tuesday to plead not guilty to the latest superseding indictment against him, which contained wire fraud and conspiracy charges. He's set to go on trial in early October.

Read more: Sam Bankman-Fried Pleads Not Guilty to Latest Indictment

Nikhilesh De

Nikhilesh De is CoinDesk's managing editor for global policy and regulation, covering regulators, lawmakers and institutions. When he's not reporting on digital assets and policy, he can be found admiring Amtrak or building LEGO trains. He owns < $50 in BTC and < $20 in ETH. He was named the Association of Cryptocurrency Journalists and Researchers' Journalist of the Year in 2020.

Nikhilesh De