(The opinions expressed here are those of the author, a columnist for Reuters.)
the bankrupt crypto exchange’s lawyers from Sullivan & Cromwell of acting as prosecutors in the government’s case against him, claiming in a filing on Monday that FTX outside counsel conducted witness interviews, handed over incriminating documents and even developed some of the government's legal theories.
that prosecutors rushed into an ill-considered criminal case because they needed a “villain” to blame for last year’s “crypto winter.” But if Bankman-Fried can show that FTX is acting as an arm of the government, he may be entitled to see what the company has shared with prosecutors, including any material that would help him cast doubt on government witnesses or otherwise undermine the case against him.
The Justice Department has long encouraged companies to cooperate with prosecutors when a corporate executive is accused of criminal conduct. Corporations that step forward to reveal wrongdoing and offer up evidence from their own internal investigations are often rewarded with deferred prosecution or non-prosecution agreements.
And that is just one instance, according to Bankman-Fried, of FTX and its lawyers waiving privilege at the government’s request. FTX has even given prosecutors “read-outs” of its lawyers’ notes of witness interviews, the filing claims. But when Bankman-Fried has asked FTX and related entities to waive privilege, the filing said, “they have steadfastly refused.”
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