Lawyers for Sam Bankman-Fried said he consented to staying the SEC and CFTC civil cases, while those for Caroline Ellison and Gary Wang did not objec to staying the CFTC case.
Wilshere Jones, the United States attorney for the South District of New York City, has filed a protest in court, delaying the civil case against Rob Bankman-Fried, former chief executive of FTX, "until the parallel criminal case is over."
In the February 7 filing, Jones ordered the people's court to issue an order suspending the civil case and discovery of Bankman Fried by the Securities and Exchange Commission and the Commodity Futures Trading Federation until its criminal case was completed. the trial is scheduled for October. Jones said the criminal case against Bankman-Fry "could have a significant impact on the civil cases of SEC and CFTC".
"all dissenting objective facts in civil cases are controversial in criminal cases," the document said. In fact, most of the same documents, witnesses and other direct evidence will be used to support claims made by SEC and CFTC in connection with plans to defraud FTX.com clients, defraud FTX.com investors, execute securities fraud in collusion with seriously misled FTX.com investors, and carry out spot commodity fraud through misappropriation of FTX.com clients' funds for swaps. It will also be used to confirm the criminal cases of the relevant departments.
With regard to the procedure for the discovery of idle evidence, US prosecutors claimed that without any interference, Bankman-Fred had "improperly obtained the removal raw materials of witnesses of relevant government departments, bypassed the standards of discovery of evidence in criminal cases, and appropriately tailored his defence in criminal cases". The presiding judge in the SBF criminal case has long banned the former FTX chief executive from using encrypted data as a condition for his bail after he was accused of contacting witnesses who are likely to participate in the case.
Bankman-Fry 's lawyer said she did not resist civil cases in which SEC and CFTC were left idle until criminal cases were closed. Former Alameda Research CEO Caroline Ellison and the legal and regulatory elite team of Emperor Gamo, founder of FTX, allowed the idle CFTC case. The two companies have reached an agreement with the SEC on civil cases.
In December last year, SEC and CFTC each filed charges against Bankman Fried, shortly after she was arrested in the Bahamas. SEC's civil indictment seeks restrictions prohibiting SBF from participating in the sale, purchase, offer, commitment or sale of all securities except its personal account, while CFTC indicates that it is seeking restrictions and other fair and just remedies and civil penalties for the former chief executive and his FTX and Alameda.