A Maximum of 78 Months — Sam Bankman-Fried's Legal Team Calls for Leniency

Bankman-Fried’s Defense Urges Judge to Cap Sentence at 78 Months

The defense’s legal brief argues that the suggested sentence is excessively harsh for a first-time offender who committed non-violent acts. The attorneys emphasize that while Sam Bankman-Fried‘s deeds are grave, they should not attract such draconian consequences. The defense contends that the sentencing proposal fails to consider Bankman-Fried’s background, charitable activities, and the possibilities for compensating the victims.

Highlighting his remorse and cooperative stance post-FTX’s collapse, the memorandum emphasizes his role in the crypto industry and his purported intentions for FTX as a force for good in the industry. The defense criticizes the prosecution’s loss calculation as unsupported, challenging the portrayal of Bankman-Fried’s conduct as significantly egregious to justify a century-long imprisonment. Instead, Bankman-Fried’s legal team is seeking a range of 5.25 to 6.5 years.

The memorandum states:

Sam Bankman-Fried respectfully submits that, for the reasons set forth above, an appropriate method of arriving at a just sentence would be to consider the Adjusted Offense Level (Subtotal) of 56, reduced by 30 levels based on zero loss, which yields an advisory Guidelines range of 63-78 months.

Further, the legal team points to alleged procedural flaws and disputes the application of sentencing guidelines, suggesting that the court’s consideration of alleged conduct as “relevant” for sentencing is misplaced. They propose a more measured sentence that reflects Bankman-Fried’s culpability without negating his potential for positive societal contributions in the future.

The memorandum also delves into the specifics of the sentencing guidelines, asserting that the proposed sentence starkly overstates the gravity of Bankman-Fried’s offenses. It criticizes the enhancement factors used in calculating the guideline range and calls for a recalibration of the sentence based on a more accurate representation of the financial loss and Bankman-Fried’s role.

In their final remarks, Sam Bankman-Fried’s legal team implores the court to reject the “barbaric” sentencing proposal, advocating for a punishment that aligns with the principles of justice and rehabilitation rather than retribution. They maintain that a lenient sentence would better serve the interests of justice, allowing Bankman-Fried the opportunity to rectify his mistakes and contribute positively to society. The decision of the presiding judge to accept or decline the sentencing suggestion remains uncertain.

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