A federal judge denied onetime FTX CEO Sam Bankman-Fried's request to extend his sentencing process and delay a presentencing interview with the U.S. Probation and Pretrial Services System, which will recommend a sentence.
Attorneys for Bankman-Fried filed a letter Wednesday requesting the extension, saying he faces a possible second trial on additional charges set for March 11. The sentencing hearing is scheduled for March 28. They also asked that a presentence interview scheduled for Thursday be delayed, alongside other deadlines.
"We submit that Mr. Bankman-Fried should not begin the sentencing process on the counts of conviction, including the presentence interview, until the severed counts are resolved," the letter said. "Doing so could potentially result in a separate PSR and a separate sentencing hearing on conduct that was already part of the Government’s proof at trial."
Bankman-Fried was convicted on seven charges of fraud and conspiracy last month, after prosecutors alleged he misappropriated FTX customer and investor funds, as well as Alameda Research's lenders' funds.
District Judge Lewis Kaplan, the Southern District of New York judge overseeing the case, denied the motion, saying that the defense did not object when the March 28 date was originally set.
If the Department of Justice does choose to proceed to a second trial on bank fraud and Foreign Corrupt Practices Act conspiracy charges, sentencing could be delayed, the judge said.
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"The defendant already has had over six weeks in which to prepare for the presentence interview, which shall take place tomorrow as scheduled," he wrote.
