Sam Bankman-Fried, co-founder of the collapsed cryptocurrency exchange FTX, is set to argue before a three-judge panel in the 2nd U.S. Circuit Court of Appeals that he was “never presumed innocent” and was railroaded by a rush to judgment. The appeal, led by prominent criminal defense attorney Alexandra Shapiro, centers on what Bankman-Fried’s legal team describes as a biased trial environment.

According to a Bloomberg report, the team contends that intense media coverage, prosecutorial zeal, and the conduct of U.S. District Judge Lewis Kaplan unfairly stacked the odds against Bankman-Fried. They also argue that the speed with which the Manhattan jury reached a guilty verdict was tainted from the outset.

“Sam Bankman-Fried was never presumed innocent,” his lawyers wrote in a brief, claiming he was “presumed guilty—before he was even charged.”

Central to the appeal are allegations against Judge Kaplan, whom the defense accuses of “repeatedly putting a thumb on the scale to help the government and thwart the defense.” These claims include the judge ridiculing Bankman-Fried, criticizing his demeanor, and expressing disbelief in his testimony—such as when Kaplan reportedly called Bankman-Fried’s claim that he no longer ran Alameda Research “a joke.”

The defense also argues that Kaplan pressured the jury into a swift verdict by offering free dinner and car service if they stayed late on the first day of deliberations. The team is expected to argue that Kaplan wrongly barred Bankman-Fried from testifying that he had acted on the advice of FTX lawyers in good faith, believed the exchange had enough assets to repay customers, and did not intend to defraud them.

News of Bankman-Fried’s appeal comes amid reports that his parents are exploring ways to secure a presidential pardon from Donald Trump. The effort suggests the defense is pursuing multiple avenues to secure his release. The Trump administration has previously shown a willingness to grant clemency to individuals it views as victims of government overreach.

In addition to the appeal and his parents’ efforts, Bankman-Fried is working to counter the narrative that he defrauded FTX investors. He recently appeared on former Fox News host Tucker Carlson’s podcast to criticize President Joe Biden and former SEC Chair Gary Gensler. In a recent prison interview, he claimed FTX was never insolvent and blamed the exchange’s collapse on bankruptcy professionals.

• What is Sam Bankman-Fried appealing? He claims his trial was biased and that he was presumed guilty from the start.
• Why is Judge Kaplan central to the appeal? The defense accuses him of favoring prosecutors and pressuring the jury.
• Are there other efforts to free Bankman-Fried? His parents are reportedly seeking a presidential pardon from Donald Trump.
• What is SBF saying about the FTX collapse? He denies fraud, blames bankruptcy lawyers, and insists FTX was never insolvent.

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