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The attorneys representing former FTX CEO Sam Bankman-Fried have written one other letter to the choose, in search of adjustments to the jury directions; within the letter addressed to Decide Kaplan, the protection attorneys requested that the jury take into account the position of English regulation in governing FTX’s phrases of service.
The proposal calls on 12 jurors within the case to contemplate that for misappropriation to have occurred, there should have existed a belief, fiduciary relationship, or an identical relationship between FTX and its clients. Nonetheless, the agency’s phrases of service have made it clear that there was no such relationship between the 2 events.
The protection attorneys’ proposal read:
“Beneath English regulation, the Phrases of Service don’t create a belief relationship or comparable fiduciary relationship between FTX and its clients. Nor, underneath English regulation, do any representations made after a buyer agreed to the Phrases of Service create a belief relationship or comparable fiduciary relationship.”
They added: “if an individual subjectively anticipated, understood or believed {that a} belief, fiduciary relationship, or comparable relationship existed, doesn’t create such a relationship.”
The protection group cited a number of examples of different instances from the UK in a final bid for a not-guilty verdict for his or her consumer.
Associated: Michael Lewis’ new book puts a positive spin on Sam Bankman-Fried
Sam Bankman-Fried’s attorneys, over the course of the lawsuit, have made a number of requests to the choose, together with quite a few requests for early bail earlier than the trial citing an absence of sufficient facilities to arrange for the trials. Nonetheless, most of their requests have been declined previously.`
The previous FTX CEO is at the moment dealing with a number of expenses of fraud and misappropriation of buyer funds to finance his private bills. SBF, over the course of his trial, has denied misappropriation of funds and claimed he hasn’t defrauded his clients. Prior to now, Bankman-Fried was additionally accused of witness tampering.
Journal: SBF trial underway, Mashinsky trial set, Binance’s market share shrinks: Hodler’s Digest, Oct. 1–7
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