Sam Bankman-Fried said an appeals court just overturned a conviction because Judge Lewis Kaplan wrongfully blocked evidence—the same judge who sentenced SBF to 25 years and presided over Trump’s E. Jean Carroll case.
The Appeals Court Precedent
The Second Circuit threw out a conviction in a separate case, finding that Judge Kaplan wrongfully excluded evidence of intent.
The appeals court vacated several counts and remanded for further proceedings—a significant rebuke of Kaplan’s evidentiary decisions.
Bankman-Fried immediately connected the dots. “Kaplan repeatedly cut off my testimony and excluded every kind of evidence the government asked him to,” he posted on X.
His pending Second Circuit appeal argues the same exclusion of intent evidence violated his right to a fair trial.
The excluded evidence falls into several categories: lawyers approved the entities and bank accounts FTX used, lawyers drafted the Payment Agent Agreement between FTX and Alameda Research, lawyers approved loans to executives, and lawyers drafted FTX’s terms of service governing customer funds.
The Intent Argument
SBF’s defense is straightforward: if attorneys reviewed, drafted, and blessed these arrangements, he couldn’t have believed he was acting illegally.
In criminal fraud cases, the government must prove willful intent. Without showing legal sign-off, the jury lacked context to evaluate that element.
Judge Kaplan sentenced SBF to 25 years in federal prison in March 2024, calling it one of the most significant financial fraud cases in U.S. history.
However, the defense argues the jury only heard “one side of the story” because Kaplan excluded evidence showing lawyers approved key business practices.
During November 2025 oral arguments, Second Circuit Judge Barrington Parker appeared skeptical, asking whether attorney testimony would have genuinely changed the verdict given overwhelming evidence presented at trial.
However, the new ruling in a separate Kaplan case gives SBF’s team fresh ammunition.
The Trump Connection
Bankman-Fried escalated his attack by linking Kaplan’s conduct to the judge’s handling of cases involving Trump—specifically the E. Jean Carroll civil litigation where Kaplan presided.
“He used the same playbook on @realDonaldTrump,” SBF posted.
The political timing is notable. Trump recently stated he has no intention of granting Bankman-Fried clemency.
By aligning himself rhetorically with Trump as a victim of the same judge, SBF appears to play to a broader audience while his legal team pursues the narrower appellate argument.
Image: Shutterstock
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