Bankman-Fried Petitions US Supreme Court Over $11 Billion Forfeiture

iEXExchanger
Bankman-Fried Petitions US Supreme Court Over $11 Billion Forfeiture

The founder of collapsed exchange FTX has asked the US Supreme Court to throw out his conviction and wipe an $11 billion forfeiture, arguing the trial blocked evidence that FTX had enough assets to repay customers.

Sam Bankman-Fried's legal file has a new document on top, and this one carries the letterhead of the highest court in the country. The former FTX chief, now three years into a 25-year sentence, is asking the US Supreme Court to do what the appeals court wouldn't: unwind his case.

His lawyers are challenging two things at once. First, the underlying conviction itself — seven counts including wire fraud, conspiracy and money laundering, handed down by a jury back in 2023. Their argument: trial judge Lewis Kaplan blocked the defense from showing jurors that FTX and Alameda Research actually held enough assets to make customers whole, framing the collapse as a liquidity crunch rather than a hole in the balance sheet. Prosecutors, meanwhile, were free to walk the jury through loss figures without the defense countering with recovery numbers.

The second piece of the petition is about money — specifically the $11.02 billion the court ordered forfeited. Bankman-Fried's team says a penalty that size violates the Eighth Amendment's ban on excessive fines. It's not a new argument: a Second Circuit panel rejected a similar version of it back in June, leaning on last year's Supreme Court ruling in Kousisis, which held that a wire fraud conviction doesn't require proof the defendant intended to leave victims financially worse off.

Getting here took a while. Kaplan denied a retrial motion in April, the Second Circuit upheld the conviction in June, and in between, reports surfaced of a pardon request that President Trump reportedly turned down twice. Now it's down to the last door: at least four of the nine justices need to agree to even hear the case. The Supreme Court fields thousands of these petitions a year and takes up roughly one in a hundred, so the odds are long — but the filing alone keeps FTX's collapse in the news cycle nearly three years after the exchange went under.

Questions and answers

Frequently asked questions about this article

What exactly is Sam Bankman-Fried challenging?

He's challenging both the underlying conviction on seven counts (fraud, conspiracy, money laundering) and, separately, the $11.02 billion forfeiture order, citing blocked evidence and a violation of the Eighth Amendment.

What does the $11 billion forfeiture mean and where does the figure come from?

It's the amount the court ordered Bankman-Fried to forfeit to the government as illegally obtained proceeds of the fraud scheme involving FTX and Alameda Research customer funds — separate from the restitution process returning money to the exchange's creditors.

Is the Supreme Court required to hear this case?

No. The court hears only a small fraction of petitions — at least four of the nine justices must agree to grant review. Out of thousands of similar filings each year, roughly one in a hundred gets accepted.

How does this relate to the earlier pardon request to Trump?

They're separate tracks. A pardon is a political decision by the president, which Trump reportedly turned down twice. The Supreme Court petition is a judicial process decided by justices, not the executive branch.