Bankman-Fried Accuses Biden DOJ of Witness Intimidation in Fraud Case

John NadaBy John Nada·Feb 11, 2026·6 min read
Bankman-Fried Accuses Biden DOJ of Witness Intimidation in Fraud Case

Sam Bankman-Fried claims the Biden DOJ intimidated witnesses in his fraud case, seeking a new trial based on this alleged misconduct.

Sam Bankman-Fried, the former CEO of FTX, claims to possess new evidence indicating that the U.S. Department of Justice (DOJ) under President Biden silenced crucial witnesses during his fraud trial. In a recent post from prison, he asserted that the DOJ threatened multiple witnesses either to silence them or to alter their testimony, arguing that this misconduct warrants the overturning of his conviction.

The motion for a new trial, linked to a declaration from a former FTX employee, suggests that key testimony was not presented due to fears of retaliation. This declaration, from Daniel Chapsky, the former head of data science at FTX, states he was advised against testifying due to concerns over media backlash and potential prosecution retaliation. Chapsky's testimony was intended to contradict the prosecution’s narrative about FTX’s financial state at the time of its collapse, asserting that the company was solvent.

This latest development adds another layer to Bankman-Fried's ongoing legal battles following his conviction on seven counts related to the misuse of customer funds, which led to a significant shortfall in assets. His claims of witness intimidation could potentially impact perceptions of the integrity of the judicial process in high-profile financial cases, raising questions about governmental conduct in prosecuting financial crimes. Such allegations could resonate throughout the financial system, influencing how similar cases are approached in the future.

Bankman-Fried's assertion of witness intimidation raises critical questions about the integrity of the judicial process. The notion that the DOJ might employ tactics that lead to the silencing of potential witnesses or manipulation of testimony is a serious allegation. This could not only affect the outcome of his case but also set a concerning precedent for how government entities conduct prosecutions in the financial sector. The repercussions of such actions could deter individuals from coming forward in future cases, fearing for their safety and well-being.

The motion for a new trial, submitted under Federal Rule of Criminal Procedure 33, highlights the importance of fair trial rights and the potential consequences of witness intimidation. Chapsky's declaration is central to Bankman-Fried's push for a new trial, as it outlines the environment of fear that allegedly surrounded the proceedings. According to Chapsky, he was strongly advised by his legal counsel not to testify, as doing so could expose him to detrimental media scrutiny and possible retaliation by the prosecution.

The implications of Chapsky's testimony, had it been presented, could have significantly altered the jury's perception of FTX’s financial health leading up to its collapse. Chapsky claims that his insights would have refuted the prosecution's narrative, which portrayed FTX as financially insolvent before its bankruptcy filing in November 2022. This narrative, if countered effectively, could have cast doubt on the prosecution's entire case.

Indeed, the prosecution alleged that customer funds were diverted to Alameda Research to cover trading losses, culminating in an $8.9 billion shortfall. Bankman-Fried's defense has consistently maintained that FTX was solvent at the time of its collapse, a position he reiterated in prior interviews. Chapsky's declaration adds a layer of complexity to this ongoing debate about the financial conditions of FTX and Alameda at the time.

Chapsky's statement, made on July 13, 2023, reveals not just his reluctance to testify but also a broader atmosphere of intimidation faced by former FTX employees. He noted that other colleagues had received similar warnings, reinforcing the idea that the environment within FTX was fraught with fear, particularly concerning the legal ramifications of speaking out. This raises significant ethical concerns about the conduct of the DOJ and the broader implications for justice in financial fraud cases.

The assertion that Chapsky's testimony could have provided essential context that the jury lacked is a critical aspect of Bankman-Fried's appeal for a new trial. His claims that FTX and Alameda were solvent, and that their assets exceeded liabilities, contradict the prosecution's narrative and point to a potentially more complex reality surrounding the company's operations. If true, this could fundamentally alter the understanding of FTX's collapse and the accountability of its leadership.

Moreover, Bankman-Fried's allegations of witness intimidation could have broader implications beyond his individual case. The integrity of the judicial process is paramount, especially in cases involving significant financial crimes where public trust is essential. If the DOJ is found to have engaged in misconduct, it could undermine the legitimacy of financial prosecutions and lead to increased scrutiny of governmental practices in these sensitive matters.

This situation is further complicated by the political landscape, given the administration under which these allegations arise. The Biden DOJ, already under scrutiny for various policies, now faces allegations that could tarnish its reputation in handling high-profile financial fraud cases. The optics of a former president's DOJ being accused of intimidating witnesses in a financial fraud trial could lead to a significant fallout, affecting public perceptions of the justice system and its ability to fairly prosecute individuals in positions of power.

Bankman-Fried's legal team is likely to argue that the failure to present Chapsky’s testimony deprived them of a fair trial. They will contend that the prosecution’s narrative was not only misleading but fundamentally flawed. The argument will center on the idea that accurate testimony from knowledgeable insiders like Chapsky could have provided the jury with critical information necessary to arrive at a just verdict.

As the case unfolds, the dynamics of witness testimony and the potential influence of external factors will be under the microscope. The legal strategies employed by both the defense and the prosecution in response to these allegations will be crucial in shaping the outcome. The stakes are high, not just for Bankman-Fried, but for the broader implications regarding the prosecution of financial crimes and the treatment of whistleblowers within the industry.

In light of these developments, the response from the DOJ and the legal framework surrounding witness protection and testimony will come into sharper focus. The ability of regulatory bodies to ensure a fair trial while protecting witnesses from intimidation will be paramount in maintaining the integrity of the judicial process in financial matters. This is particularly important in an era where financial crimes have increasingly complex dynamics, often involving numerous stakeholders and vast sums of money.

The fallout from this case could lead to a reevaluation of how financial fraud cases are prosecuted, including a closer examination of the protections afforded to witnesses. If Bankman-Fried’s claims are substantiated, it may necessitate a reassessment of current practices within the DOJ and how they handle sensitive cases involving powerful entities.

As the narrative unfolds, the legal intricacies surrounding the allegations of witness intimidation will be pivotal in determining the next steps for Bankman-Fried and the implications for the future of financial crime prosecutions. The balance between robust prosecution of financial fraud and the protection of those who might provide critical testimony is fragile, and this case could serve as a significant touchstone for how such matters are addressed moving forward. As these developments arise, the legal community will be watching closely to assess the impact on both Bankman-Fried’s case and the broader landscape of financial regulation and enforcement.

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