Sam Bankman-Fried and FTX Document Subpoena

• Sam Bankman-Fried (SBF) is looking to subpoena documents from Fenwick & West, a law firm that served as the outside counsel to FTX, Alameda Research and SBF.
• The documents are already in the hands of the FTX debtors and the government and concern 11 topics that may be favorable for SBF’s defense.
• SBF’s legal team is citing Rules 16 and 17 of the Federal Rules of Criminal Procedure, as well as Brady decision on evidence disclosure.

Overview of Sam Bankman-Fried Request

Sam Bankman-Fried (SBF) is seeking to subpoena documents from Fenwick & West. This law firm served as the outside counsel to FTX, Alameda Research and SBF personally from “early in their development” until the FTX bankruptcy. The goal is for SBFs legal team to use these documents in his defense in his 13-count criminal case against him. The documents are already available to both the prosecution and FTX debtors. They concern 11 topics which may contain material favorable to SBF’s defense.

Legal Basis Supporting Request

According to a memorandum filed in the United States District Court for the Southern District of New York, Fenwick has stated that it cannot turn over the documents without permission from FTX debtors. Therefore, SBFs legal team cites Rules 16 and 17 of Federal Rules of Criminal Procedure concerning disclosure of information used by government during trial and subpoenas respectively; they also cite US Supreme Court’s Brady decision on evidence disclosure.

Topics Covered by Documents Requested

The requested documents cover 11 topics including: FTX’s, FTX US’ and Alameda’s incorporation; financial & legal ties among organizations; incorporation of North Dimension & North Wireless Dimension; organizations relations to Silvergate Bank; data retention policies; liquidity & margin lending; registration as money services business; various statements made by organizations.

FTX Debtors Involvement with Document Requests

FTX has waived any claims of attorney-client privilege protections on these documents in at least one case. The FTC Debtors have given full access to its documentsto Government without need for issuing subpoenas. They are so enmeshed in Government’s investigation that they must be considered part of “prosecution team” for purposesof Government’s discovery obligations.

Summary

Sam Bankman- Fried (SBF) is attemptingto subpoena documents from Fenwick & West, a formeroutside counsel for FTX, Alameda Research & SBFPersonally. These requesteddocumentsconcern11 topics which may contain material favorableto SBFs defensein his criminalcase against him . Already availableto Government& FTCdebtors ,the requestcitesRules16and17ofFederalRulesofCriminalProcedure&USSupremeCourt’sBrady decisiononevidence disclosureastheirlegalbasis.