- The judge bans Sam from using VPN; this shows the court’s strictness on cryptocurrencies.
- Sam Bankman was the founder of the world’s third-largest crypto exchange.
FTX former CEO Sam Bankman Fried is in trouble after being accused of tempering the witness using electronic communication. On February 16, 2023 government attorney and defense attorney of Bankman argued over further restricting his access to electronic communication.
After a few weeks of negotiation between both parties, a hearing in Manhattan, the U.S. District Court’s Judge Lewis Kaplan granted a ruling on the prosecutors’ request to cut off Bankman-Fried’s internet access, and encrypted data of the defendants continued to express doubts over access to communication services.
It’s unclear when Judge Kaplan will rule on the request or why he granted attorneys more time to resolve the dispute, though he raised Bankman-Fried’s bail conditions on Wednesday. In addition, he asked Bankman-Fried’s attorneys to hire a technology guru who could provide device monitoring expertise to the court and asked the defendants to be ready to address their longstanding concerns by February 24.
During the hearing, U.S assistant attorney Nicolas Roos put forward that Sam’s mobile phone, tablets, computer access, Smart TVs, and online games connection should be cut-off. In response, Judge Kaplan said, “ Why am I being asked to turn him loose on this garden of devices.”
Similarly, the government suggested that Sam be prohibited from accessing the internet to reduce concern that he may use self-deleting messaging software and use a virtual private network (VPN) to contact and temper potential trial witnesses.
Earlier in the last week of January 2023, Federal prosecutors claimed that FTX’s former CEO directed FTX and Alameda to use slack and Signal and ordered his employees to change their communication settings and opt for “auto delete after 30 days or less.”
Sam was also accused of contacting “Witness-1” using Signal and Slack. According to reports, FTX’s former founder used VPN on January 12, 2023, but according to the defending attorney, Sam used VPN for viewing Super Bowl LVII according to the defending attorney.
Judge Kaplan highlighted potential witness tampering and attempted witness tampering based on Sam’s post-arrest contacts, “We are dealing with somebody….who has done things that show there is probable cause he attempted to commit a felony while on pretrial release.” Judge warned the former crypto executive that the bail, which allows him to avoid detention while he awaits trial, might be withdrawn.
Sam must abide by the terms of his existing bail conditions, which include living at and remaining primarily limited to his parent’s house in the Bay area and avoiding Contact with any other witness. Judge Kaplan is concerned that Sam can access his parents’ unmonitored devices.
U.S attorney highlighted in his letter submitted to Judge Kaplan that “Within a month, the defendant has used at least two methods of encryption in a manner that warrant a modification to his bail conditions,” he also wrote that “His behavior shows that the existing conditions leave too much room for circumvention of restrictions aimed at preventing inappropriate conduct, including contacting witnesses and accessing cryptocurrency assets.”
Mark Cohen Sam’s attorney suggested that his client should be allowed to use two electronic devices, a laptop and a cell phone monitored by Pen Register, a device or a process used by governmental authorities to trace the Signal transmitted from a laptop or mobile phone.
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Source: https://www.thecoinrepublic.com/2023/02/17/federal-judge-hints-ex-ftx-sam-bankman-fried-about-his-freedom/