This week on “Nik learns authorized processes”: This is what to anticipate with Sam Bankman-Fried’s attraction of his conviction final 12 months.
Appeals course of
As anticipated, Sam Bankman-Fried’s authorized group filed a discover of his intent to attraction his conviction on fraud and conspiracy costs. To this point all we now have is simply the discover – the precise temporary will not come for a while but.
Martin Auerbach, of counsel with Withers Bergman, instructed CoinDesk that Bankman-Fried’s authorized group should file the temporary inside 91 days of his receiving the finished transcript from the listening to.
The Division of Justice would likewise have 91 days wherein to file its opposition, and Bankman-Fried’s group can have one other three weeks to file a reply.
“Expert appellate counsel – which SBF has – will scour the document for any procedural or substantive problem that gives hope on attraction,” he stated. “The assessment of the document will presumably focus first on these points on which [Bankman-Fried’s] trial counsel particularly objected and famous, preserving their objections.”
They might additionally take a look at areas the place they may argue that “‘plain error’ occurred affecting ‘substantial rights,'” which might be a difficulty the appeals courtroom might take up.
“The main focus right here will seemingly be on novel substantive and procedural rulings by the courtroom that an appellate courtroom may see as important,” he stated.
One other potential choice can be for Bankman-Fried’s attraction attorneys to argue “ineffective help of counsel,” although Auerbach stated this feature was “hardly ever if ever made.”
Bankman-Fried’s group is more likely to request an oral argument as nicely – although actually, both social gathering might – and the Court docket of Appeals should maintain a listening to ought to that occur.
“It’s unlikely that oral argument shall be heard lower than 9 months from now, because the Court docket of Appeals will need to totally assessment the briefs and the document earlier than the listening to,” he stated. “As soon as oral argument has been held, the Court docket can and can take as a lot time because it wants to succeed in a radical and punctiliously reasoned determination.”