In an unusual dispute, prosecutors are asking a judge to allow a witness to testify virtually against FTX founder Sam Bankman-Fried. The witness cannot attend the trial in person because he is stuck in war-torn Ukraine.
In a letter filed Saturday, prosecutors wrote that the former crypto billionaire’s defense team did not agree to the request. This puts them in a difficult position. According to Ukrainian law, the young male witness is said to have “lost a significant part of his savings that he had entrusted to him.” [Bankman-Fried’s crypto exchange] “FTX” – is not allowed to leave the country because he may be called up for military service.
Even if the witness receives an exit permit, they continued, “during an ongoing war, he will still have to travel several hundred miles across Ukraine by a combination of train and bus and cross a border with a neighboring country that offers international flights to Ukraine “USA, travel another distance to the nearest international airport and then travel by plane to the USA.” Government officials set the itinerary at a three-day trip each way.
Instead, they suggested, the alleged victim should be allowed to participate via video chat, ideally in the presence of a U.S. official, such as at an embassy.
Bankman-Fried’s trial is scheduled to begin next week, and so far it hasn’t gone his way. In August, he was jailed for leaking documents to the New York Times about his ex-girlfriend and former colleague Caroline Ellison, who is also expected to testify against him. The public prosecutor accused him of manipulating witnesses.
On Thursday, Judge Lewis Kaplan rejected Bankman-Fried’s attempt to be released pending his trial.
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