SBF seeks subpoenaed documents from FTX/Alameda law firm for defense

Sam Bankman-Fried (SBF) is requesting to obtain documents from Fenwick & West, a law firm that provided legal counsel to FTX, Alameda Research, and SBF personally from the early stages of their development until the FTX bankruptcy. SBF’s legal team wants to use these documents in his defense for the 13-count criminal case brought against him.

Fenwick has stated that it cannot turn over the documents without the permission of the FTX debtors, as the documents contain advice and other content produced by the firm. The documents are already in the hands of the FTX debtors and the government, and FTX has waived any claims of attorney-client privilege protections of the documents in at least one case.

The documents are grouped into 11 requests that cover important topics that are relevant to preparing SBF’s defense. The subject matter includes FTX’s, FTX US’, and Alameda’s incorporation, financial and legal ties among those organizations, the incorporation of North Dimension and North Wireless Dimension, the organizations’ relations to Silvergate Bank, FTX data retention policies, liquidity and margin lending, registration as a money services business, and a variety of statements the organizations made.

The memorandum cites Rules 16 and 17 of the Federal Rules of Criminal Procedure and the U.S. Supreme Court’s Brady decision on evidence disclosure.

SBF has pleaded not guilty to eight charges that could result in a 115-year jail sentence, and five additional charges were added after his extradition from the Bahamas. He later sought the dismissal of most of the charges.