Former FTX CEO SBF withdraws motion to rehear in New York court, saying he can’t get a fair hearing

FTX former CEO Sam Bankman-Fried (SBF) on Wednesday, April 22, submitted a written letter to the U.S. District Court for the Southern District of New York, withdrawing his motion for a new trial filed under Rule 33 of the Federal Rules of Criminal Procedure, saying he cannot obtain a fair hearing before the presiding judge, Lewis Kaplan.

SBF Letter Statement and Reasons for Withdrawal

According to the letter Bankman-Fried filed with the federal court in the Southern District of New York, the reason for withdrawing was that he needed to focus on addressing issues raised by Judge Kaplan during the drafting process of the motion, including whether his counsel had been involved in drafting the Rule 33 motion, leaving him no time to prepare a written response to the government’s opposition.

In the letter, Bankman-Fried directly quoted: “Because I have to focus on answering these questions rather than drafting a response to the government’s opposition, and because I believe I will not be able to get a fair hearing on this issue in front of you, I now request that the Rule 33 motion be withdrawn, but that does not prevent me from re-filing the motion after my direct appeal and related motion for reassignment are decided.”

The letter also confirms that the withdrawal is a without-prejudice withdrawal, preserving his legal right to reapply later.

Drafting of the Rule 33 Motion and Background for the Filing

According to Bankman-Fried’s statements in the letter, while he was detained at the Brooklyn Federal Detention Center, he independently conceived and drafted the Rule 33 motion himself, completing multiple versions and conducting extensive legal research, all without consulting counsel.

In the letter, Bankman-Fried disclosed that his parents provided some editing and structural suggestions to the drafts and helped print the final submission. A New York lawyer was shown an early draft; the lawyer was initially hired to handle matters related to the Rule 33 motion, but later Bankman-Fried decided to represent himself. The lawyer did not provide substantive input on the final version.

This year in March, Bankman-Fried’s mother, Barbara Fried, filed a pro se motion for a new trial in her name. Bankman-Fried had also previously filed a direct appeal, which is currently pending the court’s decision.

Bankman-Fried had sought for U.S. President Trump (Donald Trump) to intervene regarding clemency, and Trump publicly said in January 2026 that there was no such plan.

Background on SBF’s Conviction and Sentencing

In November 2023, a New York jury found Bankman-Fried guilty on seven counts of criminal charges, covering fraud against FTX customers, lenders, and investors. In the indictment, federal prosecutors said he orchestrated what could be “the largest fraud scheme in nearly a decade,” and compared him to Bernard Madoff, the mastermind of the Ponzi scheme. Bankman-Fried was subsequently sentenced to 25 years in federal prison.

The FTX cryptocurrency exchange and the hedge fund Alameda Research were both founded by Bankman-Fried. During the trial, Judge Lewis Kaplan issued rulings limiting the defense’s attempt to shift some legal responsibility to FTX’s internal legal counsel, and the relevant trial transcript has been entered into the court record.

Frequently Asked Questions

Does SBF’s withdrawal of the Rule 33 motion mean he is giving up a new trial?

According to the letter submitted to the court by Bankman-Fried, this withdrawal is a without-prejudice withdrawal, and he retains the legal right to refile the Rule 33 motion after his direct appeal and the request for reassignment in the case are decided.

Who wrote the Rule 33 motion, and how was it submitted?

According to Bankman-Fried’s letter, the motion was conceived and drafted by him personally while he was detained at the Brooklyn Federal Detention Center, without consulting counsel. His parents, Barbara Fried, provided editing suggestions and assisted with printing, and this March Barbara Fried formally filed it with the court in Bankman-Fried’s name.

How many years was SBF sentenced to prison, and what were the main charges?

In November 2023, a New York jury found Sam Bankman-Fried guilty on seven criminal counts, including fraud against FTX customers, lenders, and investors. Federal court later sentenced him to 25 years in federal prison.