Benzinga - Amid FTX co-founder Sam Bankman-Fried's ongoing trial, his legal team submitted a letter to U.S. District Judge Lewis Kaplan vehemently opposing the government's motion to allow a Ukrainian customer to testify remotely, arguing that such testimony would infringe upon Bankman-Fried's rights under the Sixth Amendment's Confrontation Clause.
This development comes ahead of the much-anticipated Benzinga's Future of Digital Assets conference on Nov. 14, where the evolving landscape of the crypto industry will be under the spotlight. It remains to be seen how this legal challenge will influence discussions and sentiments at the event.
The government's request stemmed from a Ukrainian customer who was affected by the Russian invasion of the country.
The defense team contended the proposed video testimony would not only be cumulative of that of other customers but would also introduce hardships and individual circumstances created by the Russian invasion, which are irrelevant to the charged crimes.
They believed this could unduly influence the jury's emotions, eliciting sympathy and outrage unrelated to the case's merits.
Also Read: FTX Founder Sam Bankman-Fried Denied Bail, To Remain In Jail Throughout Trial
The defense further highlighted Ukraine's lack of an extradition treaty with the U.S. posed a significant challenge.
This meant the witness, even if testifying under oath, would not face potential penalties for perjury, thereby undermining the reliability of the testimony.
The letter also emphasized the importance of face-to-face confrontation, with the defense arguing that remote testimony via two-way video should only be allowed under "exceptional circumstances" and when the testimony is material to the case.
In this instance, they asserted the testimony of the Ukrainian customer would be redundant, as it would echo the statements of other customers the government planned to call.
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