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Sam Bankman-Fried is taking another shot at overturning his conviction. The imprisoned former FTX CEO filed a motion for a new trial in Manhattan federal court on Monday, claiming newly discovered evidence and constitutional violations warrant a second trial.
The 35-page filing landed on the docket February 10, though it’s dated February 5. Bankman-Fried submitted it pro se, meaning he’s now acting as his own lawyer. His mother, Barbara Fried, a Stanford Law professor emerita, physically filed the documents on his behalf since he’s behind bars.
The motion leans on Rule 33 of the Federal Rules of Criminal Procedure, which permits new trials when “the interest of justice so requires.” Defendants typically invoke it when claiming fresh evidence has emerged or that constitutional rights were violated during the original proceedings.
Attached to the filing is a declaration from Daniel Chapsky, who ran data science at FTX.US. Chapsky has consistently maintained that FTX had the assets to make customers whole and has criticized the speed at which bankruptcy lawyers pushed the exchange into Chapter 11.
A Separate Track From His Appeal
This motion runs parallel to Bankman-Fried’s existing appeal before the Second Circuit, which went to oral argument in November 2025. That appeal targets trial judge Lewis Kaplan’s evidentiary rulings and alleged bias. A decision remains pending.
The November hearing didn’t go well for Bankman-Fried. The three-judge panel pushed back repeatedly on defense arguments. Circuit Judge Maria Araújo Kahn zeroed in on the core issue: prosecutors argued Bankman-Fried lied to customers about where their money was going, and the jury agreed.
The government’s lead attorney reminded the court that three of the four people with direct knowledge of the fund movements testified against Bankman-Fried as cooperating witnesses.
Bankman-Fried parted ways with appellate lawyer Jason Driscoll last Friday, according to court records. The reason for the split isn’t clear.
The “Lawfare” Narrative
From prison, Bankman-Fried has been posting on X through intermediaries, casting himself as a victim of politically motivated prosecution under the Biden administration. He’s alleged that prosecutors buried evidence showing FTX was solvent and pressured former executive Ryan Salame into a guilty plea by targeting Salame’s pregnant partner.
The political rebranding hasn’t gained traction where it matters. President Trump told the New York Times in January that a pardon isn’t on the table. Prosecutors surfaced a document during the 2023 trial showing Bankman-Fried had considered publicly identifying as Republican to improve his legal position.
How We Got Here
A Manhattan jury convicted Bankman-Fried in November 2023 on seven counts of fraud and conspiracy. Judge Kaplan handed down a 25-year sentence the following March, telling the defendant he knew what he was doing was wrong but gambled on not getting caught.
FTX unraveled in November 2022 when it became clear that customer deposits had been routed to Alameda Research, Bankman-Fried’s hedge fund, to cover trading losses and fund political donations. The exchange went from a $32 billion valuation to bankruptcy in a matter of days.
Three former lieutenants flipped and testified that Bankman-Fried directed them to use customer funds to plug Alameda’s holes. He took the stand in his own defense and acknowledged management failures but denied theft.
The bankruptcy estate has since clawed back between $14.7 billion and $16.5 billion. Many creditors have received more than their original claims, a fact Bankman-Fried’s team has cited as evidence the exchange was never truly insolvent.
Bankman-Fried is serving his sentence at a federal facility near Los Angeles. His release date, absent a successful appeal or new trial, is October 2044.
Polymarket is currently pricing him getting a pardon from Trump at just 1% at the time of writing.