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Awaiting decisionBankman-Fried v. United States (cert petition)
Will the Supreme Court turn away Sam Bankman-Fried's appeal?
Where the case stands
Second Circuit unanimously affirmed conviction and sentence June 12, 2026. Cert petition reported filed Sept. 10-11, 2026; the Court is expected to decide whether to take the case in the coming months.
Background
Co-founder of the FTX crypto exchange, convicted in Nov. 2023 on seven fraud and conspiracy counts over the misuse of billions in customer funds, sentenced in 2024 to 25 years and an ~$11 billion forfeiture. His cert petition, reported filed Sept. 10, 2026, is his last direct-review stop after the Second Circuit affirmed in full.
Charges
- Convicted Nov. 2023: wire fraud, conspiracy to commit wire fraud, securities fraud, commodities fraud, and money-laundering conspiracy (seven counts)
The arguments
Prosecution/State: Prosecutors proved SBF directed billions in FTX customer deposits to Alameda Research for risky investments, political donations, and personal use; under Kousisis v. United States (2025), wire fraud does not require proof of ultimate economic loss.
Defense: The trial court wrongly barred evidence that FTX and Alameda were temporarily illiquid but ultimately solvent enough to make customers whole, gutting his defense; the $11 billion forfeiture is an unconstitutional excessive fine under the Eighth Amendment.
The record
- Second Circuit oral-argument audio. Full appellate argument audio is publicly posted (CourtListener), covering the loss-evidence and forfeiture issues now in the petition.
- Public trial docket. The S.D.N.Y. docket (1:22-cr-00673) with trial filings is publicly mirrored on CourtListener/RECAP.
The line-setting read at the time this market opened
The Supreme Court grants a small fraction of petitions; the Second Circuit relied on the Court's own recent Kousisis decision, which cuts against a grant. The Eighth Amendment forfeiture question is his strongest hook but was not the centerpiece of circuit disagreement in reported coverage.
Awaiting decision — The Supreme Court's decision to grant or deny certiorari — denial ends direct review; a grant sets merits briefing and argument. The ruling is posted here, and on the board, the moment it's confirmed by two or more independent news organizations.
Sources
- The Block (Sept. 11, 2026)
- CNN Newsource via KESQ (Sept. 10, 2026)
- CNBC (June 12, 2026)
- Courthouse News
Public record
- Second Circuit oral-argument audio (CourtListener)
- S.D.N.Y. trial docket with public filings (CourtListener/RECAP, 1:22-cr-00673)
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