Sam Bankman-Fried is seeking a new trial in his federal fraud case, filing a pro se motion in the Southern District of New York that argues his 2023 conviction was fundamentally unfair.
The former FTX CEO, who is serving a 25-year prison sentence, claims crucial witness testimony was excluded from the trial, depriving him of due process. His motion was filed under Rule 33 of the Federal Rules of Criminal Procedure, which permits courts to grant a new trial if newly discovered evidence emerges or if a miscarriage of justice is demonstrated.
BREAKING: SBF just filed for a new trial claiming he was a political target of the Biden administration.
He submitted a motion today in the Southern District of New York, arguing his conviction violated due process, citing Rule 33 of Federal Criminal Procedure.
His core claim:… pic.twitter.com/WAazlQpr95
— Milk Road (@MilkRoad) February 10, 2026
Because Bankman-Fried is incarcerated, his mother, Stanford Law School professor emerita Barbara Fried, submitted the filing on his behalf.
Claims of missing testimony and political targeting
In the motion, Bankman-Fried contends that testimony from two former FTX executives could have challenged central elements of the prosecution’s case. He also argues that he was unfairly targeted, with claims circulating on social media that his prosecution was politically motivated under the Biden administration.
Legal analysts note that Rule 33 motions face a high legal bar. To succeed, defendants must typically show that the new evidence would likely result in an acquittal if a retrial were granted.
Bankman-Fried was convicted in November 2023 on seven counts of fraud and conspiracy. Prosecutors said he orchestrated one of the largest financial frauds in U.S. history by diverting billions of dollars in customer funds from FTX to support losses and risky trades at its sister firm, Alameda Research.
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Bankruptcy dispute and ongoing appeals
FTX collapsed in November 2022 after revelations that Alameda had been heavily financed with customer deposits, leaving a multibillion-dollar hole in the exchange’s balance sheet and triggering Chapter 11 bankruptcy proceedings.
Recently, Bankman-Fried’s verified X account, operated by third parties due to prison restrictions, has reignited controversy by asserting that FTX “was never bankrupt” and that the Chapter 11 filing was improper. Those claims run counter to court findings detailing significant customer-fund shortfalls.
The new-trial request adds to Bankman-Fried’s broader post-conviction strategy, which includes an ongoing appeal as he continues to challenge both the verdict and the handling of FTX’s bankruptcy.
Judge Kaplan rejected the new trial
On April 28, U.S. District Judge Lewis Kaplan rejected his Rule 33 motion for a new trial, describing his claims as baseless. The ruling meant Bankman-Fried could not use the alleged missing testimony to reopen the case at the district-court level.
The development effectively closed the new-trial route he had pursued in February, although his broader challenge to the conviction was still pending at the time.
Bankman-Fried had also attempted to withdraw the motion shortly before the ruling, arguing that he would not receive a fair hearing from Judge Kaplan. Kaplan nevertheless proceeded to rule on it and denied the request.
On June 12, 2026, the U.S. Court of Appeals for the Second Circuit unanimously rejected his appeal seeking to overturn his conviction and 25-year prison sentence. The three-judge panel concluded that the prosecution’s evidence was, in its words, “conservatively stated, robust.”
The appellate decision addressed many of the same concerns raised in his legal challenge, including arguments about the trial judge’s evidentiary rulings and Bankman-Fried’s ability to present his defence.
Sam Bankman-Fried sought a pardon
In June 2026, he formally sought a presidential pardon from Donald Trump. The request came after the White House had previously indicated that Trump did not intend to pardon Bankman-Fried.
The pardon effort is separate from his court proceedings and does not change the legal status of his conviction. But it has become another part of his attempts to reduce or eventually end his 25-year sentence.
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