The DOJ responded to Sam Bankman-Fried's intention to present an advice-of-counsel defense at his upcoming October trial.
The court previously ordered Bankman-Fried to notify the government if he planned to present such a defense on July 1. On Aug. 16, the defendant wrote to the government stating, “please take notice of our intent to rely on a defense of advice of counsel at trial.” The government informed the defense counsel that the notice was insufficiently detailed and moved to require additional disclosures.
The government argued that mere involvement of attorneys doesn't necessarily prove the defendant's innocence or good faith, citing several cases to highlight the importance of clarity in presenting an advice-of-counsel defense. In particular, the government pointed to the need for defendants to provide evidence that they genuinely sought legal advice, disclosed all relevant facts to their counsel and acted based on that advice.
“Internet access provided to Mr. Bankman-Fried two days a week is woefully inadequate, and the ability of counsel to consult with and discuss the defense with Mr. Bankman-Fried has proven to be cumbersome,” Cohen added.
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