Instruction on Recalled News
EvidenceDefense counsel requested an instruction on the use of the witness's recollections of news reports.
Court's actionThe court agreed that the testimony was offered for its effect on the listener.
Sidebars
Browse reporter-marked sidebars from the Sam Bankman-Fried archive, with links to the exact point in each transcript.
The 33 entries below include every sidebar marked in the court reporter transcripts available to the archive.
33 sidebars
Federal Criminal Trial · Day 2
During Marc-Antoine Julliard — Direct
Federal Criminal Trial · Day 3
During Kungyu Matthew Huang — Cross
Limits on Investor-Fault Questioning
Testimony ScopeThe court addressed questioning that suggested an investor's loss resulted from gullibility or negligence.
Court's actionThe judge cautioned that the questioning was at or beyond the limit set by a prior ruling and directed counsel to move on.
Open transcript →3 linesCross-Examination of Exchange Testimony
Testimony ScopeDefense counsel discussed the permissible scope of cross-examining a witness about exchanges and markets after characterizing portions of his direct testimony as lay expert testimony.
Court's actionThe judge instructed that cross-examination could proceed but should not repeat direct testimony or include inappropriate questions.
Open transcript →23 lines
Federal Criminal Trial · Day 5
During Gary Wang — Redirect
Exhibit 545 Time-Zone Objection
ObjectionThe defense raised a time-zone concern about Exhibit 545, and counsel also asked when to submit letters concerning the next day's testimony.
Court's actionThe judge said the time-zone issue was a subject for cross-examination.
Open transcript →22 lines
Federal Criminal Trial · Day 6
During Caroline Ellison — Direct
Use of Lender Telegram Messages
EvidenceCounsel disputed how Telegram messages involving lenders could be used in Ellison's testimony.
Court's actionThe court agreed to give an instruction limiting use of the chats to their effect on the participants.
Open transcript →17 linesSchedule for Witness Examinations
SchedulingThe court asked counsel how much longer their examinations would take.
Open transcript →7 lines
During Limiting Instruction on China Evidence
Ellison’s Understanding of China Payments
Testimony ScopeCounsel disputed whether Ellison could identify the likely recipients of payments discussed in her testimony.
Court's actionThe court sustained the objection to the pending question and discussed an instruction explaining that the defendant was not charged with paying a bribe in China.
Open transcript →24 lines
During Caroline Ellison — Direct Resumed
The parties discussed how the jury could consider statements by three participants in a chat exhibit.
Court's actionThe court received Government Exhibit 1619, admitting the defendant’s and Ms. Ellison’s statements for all purposes while limiting the other person’s statements to context rather than their truth.
Open transcript →23 linesDefendant’s Reactions During Testimony
Jury ManagementCounsel disputed whether the defendant was visibly reacting to the witness’s testimony and whether those reactions could affect her.
Court's actionThe judge directed defense counsel to speak with the defendant about any visible reactions, while avoiding doing so before the jury, and said he would monitor the defendant.
Open transcript →40 linesThe parties disputed whether 23 paragraphs concerning the Alameda-Modulo relationship were relevant or cumulative and whether their probative value was substantially outweighed under Rule 403.
Court's actionThe judge allowed Government Exhibit 39A, and it was received in evidence.
Open transcript →53 lines
Federal Criminal Trial · Day 7
During Caroline Ellison — Cross
Cross-Examination on Alameda Dispute
Testimony ScopeCounsel disputed whether cross-examination could explore the witness's view of an Alameda employee dispute after testimony suggesting the defendant had misled her.
Court's actionThe judge allowed the pending question and one additional question, but no more.
Open transcript →23 linesCounsel disputed whether DX-10 or a selected passage was admissible as a business record, evidence of state of mind, or impeachment concerning Caroline Ellison's role at Alameda.
Court's actionThe court sustained the objection to admitting DX-10.
Open transcript →43 linesQuestion About Terms-of-Service Discussions
Testimony ScopeCounsel debated whether the witness could be asked whom she consulted about FTX's terms of service and how those discussions affected her understanding.
Court's actionThe judge barred this particular question while limiting the ruling to that question.
Open transcript →36 lines
During Christian Drappi — Direct
The parties disputed whether a low-level employee’s observations about Sam Bankman-Fried’s control were adequately founded or unnecessarily cumulative corroboration.
Court's actionThe judge directed the prosecution to ask about what the witness observed and to move the examination along.
Open transcript →28 linesThe government argued that a prior consistent statement was substantive evidence and should be admitted without a limiting instruction.
Court's actionThe judge said he would give a Third Circuit model instruction and acknowledged that calling it limiting may have been ill advised.
Open transcript →7 lines
Federal Criminal Trial · Day 8
During Zac Prince — Direct
Scope of Zac Prince’s Exchange Testimony
Testimony ScopeThe defense challenged whether Zac Prince had a sufficient factual foundation to compare cryptocurrency lenders and exchanges without offering undisclosed expert opinion.
Court's actionThe judge said the defense could challenge the basis of Prince's general statements on cross-examination.
Open transcript →27 lines
Federal Criminal Trial · Day 9
Outside a witness examination
Defense counsel reported that the defendant had not received his extended-dose Adderall and discussed efforts to reach officials handling the issue.
Court's actionThe judge directed counsel to contact Gitner and report what was happening.
Open transcript →22 lines
During Nishad Singh — Direct
The judge told counsel that Mr. Bork was on extended leave and had provided an alternate contact.
Open transcript →9 lines
Federal Criminal Trial · Day 10
During Nishad Singh — Cross Resumed
The government proposed asking whom the witness conspired with on campaign-finance violations, and the defense requested a limiting instruction.
Court's actionThe judge agreed to give a limiting instruction.
Open transcript →6 lines
Federal Criminal Trial · Day 11
During Peter Douglas Easton — Direct
Scope of Political-Spending Testimony
Testimony ScopeCounsel discussed limiting an accountant's testimony to tracing funds rather than addressing the nature or validity of political donations.
Court's actionThe court directed counsel to proceed and restate the question.
Open transcript →20 lines
During Peter Douglas Easton — Cross
Counsel disputed whether an expert had relied on FTX's terms of service and could be questioned about them.
Court's actionThe court allowed counsel to show the document without naming it and ask whether the expert relied on it.
Open transcript →10 lines
Federal Criminal Trial · Day 12
During Can Sun — Direct
Scope of FTX Terms Exhibit
ExhibitCounsel discussed whether FTX's terms of service could be used beyond their effect on readers and how the provisions could be examined before the jury.
Court's actionThe court received Exhibit 558 on the government's stated limited basis, deferred the defense's request until cross-examination, and instructed that the terms' legal import was, in all likelihood, a question of law for the court rather than the jury.
Open transcript →32 linesThe parties disputed whether Government Exhibit 514 concerning FTX Digital Markets policies could be used outside its truth and whether its differing entity context would confuse or prejudice the jury.
Court's actionThe judge directed the parties to proceed step by step before admission of the exhibit.
Open transcript →26 lines
Federal Criminal Trial · Day 14
During Marc Troiano — Cross
Signal Group Redactions and Stricken Testimony
Testimony ScopeCounsel discussed redacted Signal group names and how to correct a potentially misleading impression about why certain groups were removed.
Court's actionThe judge struck the question and answer about whether prosecutors asked that Signal groups be removed and instructed the jury to disregard them.
Open transcript →30 lines
During Government Rest, Rule 29, and Defense-Case Preparation
Counsel disputed whether a statement attributed to Salame was admissible as a coconspirator statement or a statement against interest.
Court's actionThe court overruled the objection and received the document.
Open transcript →11 lines
Federal Criminal Trial · Day 15
During Samuel Bankman-Fried — Direct
FTX Blog Post Admissibility
ExhibitCounsel disputed whether an FTX blog post about liquidation systems and clawbacks had a relevant nonhearsay purpose or could support the defense's stated theory.
Court's actionThe court sustained the objection to DX-964.
Open transcript →55 lines
Federal Criminal Trial · Day 16
Outside a witness examination
Counsel disputed whether Bankman-Fried's proposed statement to Nishad Singh that neither of them had done anything wrong was admissible under the state-of-mind exception. The court sustained the government's hearsay objection at sidebar and repeated the ruling in open court.
Court's actionThe court sustained the hearsay objection.
Open transcript →35 lines
During Samuel Bankman-Fried — Cross
The parties discussed the purpose and prior disclosure of an audio exhibit and its transcript aid offered during cross-examination.
Court's actionThe court received Exhibits 2508 and 2508-T and instructed the jury that the audio, not the transcript, was evidence.
Open transcript →20 linesThe government sought to question the defendant about a published article and argued that it conflicted with his trial testimony.
Court's actionThe judge called for follow-up on whether the defendant had read the article.
Open transcript →18 linesThe government argued that the defendant's efforts to obtain proceeds after bankruptcy bore on intent, while the defense invoked a pretrial restriction.
Court's actionThe court overruled the objection.
Open transcript →5 lines
Federal Criminal Trial · Day 17
During Defense Rests, Rebuttal Discussion, and Acquittal Motion
Alternate Jurors and Summations
Jury ManagementThe judge considered calling only some alternate jurors the next day and keeping others available.
Court's actionThe judge acknowledged that the alternates needed to hear summations.
Open transcript →5 lines
Federal Criminal Trial · Day 18
During Defense Closing Argument — Mark Cohen
Evening Schedule and a Jury Break
SchedulingDefense counsel raised concern about juror attention as the proceedings ran into the evening.
Court's actionThe court said proceedings would continue and granted a request for a break.
Open transcript →8 lines
Federal Criminal Trial · Day 19
Outside a witness examination
Corrections to the Final Jury Charge
Jury ManagementProsecutors and defense counsel flagged a typo in the written charge and passages the judge had misread or skipped, including reasonable-doubt language, and the defense raised its earlier charge objections for the record.
Court's actionThe judge agreed to reread the omitted passages, starting with the reasonable-doubt language, to correct the written charge, and to tell jurors they need not deliberate late that evening; he said earlier charge objections did not need to be renewed.
Open transcript →51 lines
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