DOJ Moves to Bar All SBF’s Knowledgeable Witnesses From Testifying at Trial
The U.S. Department of Justice (DOJ) filed a dawdle to exclude the testimony of all Sam Bankman-Fried’s expert witnesses.
In a court docket filing tedious on Monday, the DOJ acknowledged that the proposed consultants and their accompanying disclosures suffered from “an array of deficiencies that warrant preclusion of all seven witnesses.”
The seven witnesses encompass a criminal official, a replace college professor, a legislation professor and the heads of 4 a quantity of consulting corporations.
“Amongst a quantity of issues, the proposed consultants would offer well suited conclusions that invade the purview of the Court and the jury, or support no a quantity of motive than to obtain an expert patina to inadmissible hearsay testimony about the defendant’s supposed lack of felony files or intent,” learn the filing.
“The Court may maybe well additionally simply mute instruct its gatekeeping authority and preclude such impermissible expert testimony.”
The prosecutors laid out arguments for why every of the proposed expert’s testimony would be unreliable. To illustrate, British criminal official Lawrence Akka, would testify about an interpretation of FTX’s terms of service and opine that they “did no longer hang a declaration of belief over any fiat currency, but gave rise utterly to a contractual creditor-debtor relationship,” meaning FTX used to be no longer constrained to make utilize of fiat currency for functions a quantity of than withdrawals for the time being interval.
Fixed with the DOJ, his testimony improperly usurps the court docket’s role in instructing the legislation and the jury’s role in making utilize of the legislation to info.
In the meantime, the prosecutors argued that Maxwell Consulting Valuable Joseph Pimbley’s testimony about FTX’s code and database must be rejected on the grounds that, amongst a quantity of issues, it’s some distance “pointless” given the testimony of Gary Wang and Nishad Singh. No longer utterly did Wang and Singh write numerous the replace’s code, but they were also share of Bankman-Fried’s interior circle, and can simply offer their very get testimony about the replace’s underlying codebase.
The DOJ requested that a Daubert hearing be done if the court docket decides no longer to preclude the witnesses’ testimony. A Daubert hearing permits both facet of a court docket case to peep the challenged expert in birth court docket in enlighten to steal into consideration his or her testimony’s admissibility.
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