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Federal Prosecutors Push Back on SBF's Bid for a New Trial

US attorneys filed their opposition on March 12, arguing that Sam Bankman-Fried has presented no sufficient legal grounds under the newly-discovered-evidence standard for retrying his fraud case. The move further dims the prospect of any near-term reversal for the imprisoned FTX founder, and extends uncertainty for creditors in Nigeria, India, and other markets still waiting on estate distributions.

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Federal prosecutors on Thursday formally opposed Sam Bankman-Fried's request for a new trial, telling the court that the FTX founder "has not shown any injustice in his conviction." The filing, submitted March 12, 2026, directly challenges a 35-page pro se motion that Bankman-Fried submitted through his mother, Barbara Fried, on February 5. That motion was docketed February 10 and represented Bankman-Fried arguing his own case without legal counsel.

Prosecutors contend that the motion fails to meet the core legal standard for a retrial: newly discovered evidence that is both material to the outcome and was genuinely unavailable to the defense at the time of trial. Courts set a high bar for this standard deliberately, and the motion does not appear to clear it.

Bankman-Fried's motion rested on three main arguments. He claimed the Biden-era Justice Department pressured or silenced witnesses who could have helped his defense. He also alleged that exculpatory evidence related to FTX's solvency was withheld from the jury. His third argument targeted trial Judge Lewis Kaplan directly, accusing him of improperly excluding testimony about Bankman-Fried's intent. On the solvency point, the motion argued that excluded evidence would have shown the disputed practices were common across the industry, did not threaten FTX's financial stability, and had been drafted and approved by lawyers.

Prosecutors appear unmoved. Their opposition signals that the government views the conviction as sound and the retrial motion as failing the newly-discovered-evidence standard.

This retrial motion is a separate track from Bankman-Fried's formal appeal, which he filed with the Second Circuit Court of Appeals in April 2024. Oral arguments in that appeal were heard on November 4, 2025, with judges openly skeptical of the defense's arguments overall. Among the claims set out in Bankman-Fried's appeal filing was that none of the witnesses at trial had testified that he explicitly directed anyone to violate the law. No ruling in the appeal had been reported as of the time of this writing. The two legal tracks are related in subject matter but operate under different procedural rules and standards of review.

Bankman-Fried was convicted in November 2023 by a Manhattan jury on seven counts, including wire fraud, securities fraud, and money laundering conspiracy. Judge Kaplan sentenced him to 25 years in prison in March 2024. He had been arrested in the Bahamas in December 2022 and extradited to the United States shortly thereafter. The collapse of FTX in November 2022 wiped out billions in customer funds that had allegedly been funneled to Alameda Research, an affiliated hedge fund connected to Bankman-Fried.

A separate avenue Bankman-Fried had been pursuing, a presidential pardon from Donald Trump, was effectively closed in January 2026. The White House declined to extend him the same consideration given to Binance founder Changpeng Zhao, who received clemency. Reports indicated the administration had grouped Bankman-Fried alongside figures such as Venezuelan President Nicolás Maduro and former Senator Bob Menendez as non-pardon candidates. Prediction market odds on a pardon had briefly risen from around 4 percent to around 16 percent following news of Zhao's clemency, then collapsed after the White House's position became clear.

The Regional Toll

Those legal setbacks have direct practical consequences for hundreds of thousands of creditors around the world who are still waiting on their share of estate distributions. The FTX bankruptcy estate has recovered approximately $16 billion for distribution. A third creditor payout round worth $1.6 billion was completed in September 2025. Yet access to those funds has not been uniform.

Nigerian creditors remain locked out. FTX's bankruptcy administrators had sought in late 2025 to freeze payouts across 49 jurisdictions, a motion that drew more than 70 formal objections and was ultimately withdrawn following international backlash. Despite that withdrawal, Nigerian users still cannot receive distributions through BitGo or Kraken, the two primary payout channels. Nigeria was among the most affected African markets when FTX collapsed, and that exclusion from repayments remains unresolved. China is also among the major markets excluded from remaining creditor distributions, according to reporting by CryptoSlate, leaving a similarly unresolved situation for affected users there.

Indian users gained a pathway to recovery after Payoneer was added as a third distribution channel in May 2025, covering roughly 93 countries. Still, the broader damage to investor trust in India has been significant. According to reporting by Outlook India and Inc42, more than two million Indians were exposed to market volatility in the aftermath of the FTX collapse, and Indian exchanges spent much of 2023 and 2024 overhauling their compliance and verification practices in direct response.

The FTX case has also accelerated regulatory action globally. The European Union's MiCA framework, proposed US digital commodities legislation including the Senate's 2025 bipartisan digital commodities bill, and tightened Indian exchange requirements all trace part of their momentum to the FTX fallout.

What Comes Next

Prosecutors' opposition filing now sets the stage for the court to formally rule on the retrial motion. If both the retrial motion and the Second Circuit appeal fail, Bankman-Fried's legal options would narrow considerably, though avenues such as a future habeas corpus petition or a renewed clemency application would remain available under US federal post-conviction procedure. For creditors in Nigeria, India, and across the Global South, a conclusive legal resolution would at minimum remove one layer of uncertainty still hanging over the FTX estate process, even if full repayment access in excluded jurisdictions requires separate action by bankruptcy administrators.