Bloomberg reported on Thursday that US prosecutors urged a federal judge to deny Sam Bankman-Fried’s request for a new criminal trial, arguing that the former FTX boss failed to meet legal standards for a retrial.

According to the report, citing court documents, prosecutors said Bankman-Fried’s claim that new witnesses could undermine the government’s case did not meet the legal standards required to grant a retrial.

Prosecutors reportedly said the testimony cited by Bankman-Fried from former FTX executives Ryan Salama and Daniel Czapsky did not amount to newly discovered evidence because both men were known to the defense before the 2023 trial.

Prosecutors’ response marks the latest procedural step in Bankman-Fried’s efforts to overturn his conviction tied to the collapse of FTX, the cryptocurrency exchange whose failure led to one of the industry’s biggest scandals.

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The court has not yet decided on the request for a retrial

Bankman-Fried filed a motion for a new trial in February, arguing that testimony from former executives could challenge the prosecution’s account of FTX’s financial condition before its collapse.

The defense said Salama and Czapski’s testimony could weaken the government’s account presented to jurors during the trial. Judge Kaplan later ordered the plaintiffs to respond to the request by March 11.

The judge has not yet decided whether the motion will continue. Bankman-Fried is separately continuing to appeal his conviction in the U.S. Court of Appeals for the Second Circuit.

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A jury convicted Bankman-Fried in November 2023 of seven counts of fraud and conspiracy related to the misuse of client funds at FTX and sister trading company Alameda Research. He was later sentenced to 25 years in prison.

Pardon speculation goes hand in hand with court challenges

Bankman-Fried’s court efforts unfolded alongside public speculation that he might seek a presidential pardon.

On February 1, the former CEO of FTX praised US President Donald Trump’s stance on cryptocurrencies in his social media posts, raising scrutiny over whether he was trying to build political support while seeking legal redress.

These speculations have not reached any public place yet. On January 9, Trump reportedly told The New York Times that he had no intention of pardoning Bankman-Fried, leaving an appeal and retrial as the main means of overturning his conviction.

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