Kenne Michael 
After an unsuccessful appeal to a United States appellate court, former FTX founder and convicted fraudster Sam Bankman-Fried will remain detained pending the outcome of an appeal of his conviction by his legal team.
The U.S. Court of Appeals for the Second Circuit stated in a mandate dated Nov. 21 that Bankman-Fried’s previous attempts to tamper with two witnesses while on pretrial release were a significant factor in the denial of his request.
The court stated, “We have reviewed the Defendant-Appellant’s additional arguments and find them unpersuasive.”
In July, Bankman-Fried was charged by government prosecutors with disclosing Caroline Ellison’s diaries to The New York Times.
As a result, a New York District Court revoked his bail.
Bankman-Fried contended the New York court neglected to account for the fact that he engaged in conduct that could be classified as protected speech under the First Amendment.
In contrast, the appellate court affirmed the decision of the New York District Court that witness interference “falls outside the zone of constitutional protection.”
The 2nd Circuit has — rather belatedly — denied Sam Bankman-Fried's appeal of his pretrial detention.
"The record supports the district court’s conclusion that there was probable cause to believe
that the Defendant-Appellant attempted to tamper with two witnesses".— Molly White (@molly0xFFF) November 21, 2023
Additionally, the legal team for Bankman-Fried argued that the District Court neglected to contemplate a less restrictive substitute to detention.
The district court “thoroughly considered” all pertinent factors, including Bankman-Fried while he was on pretrial release, the court ruled, rejecting that argument.
On Nov. 2, Bankman-Fried was convicted of seven counts of money laundering and fraud.
Furthermore, in anticipation of his sentencing on Mar. 28 next year, the former FTX CEO will remain in custody.
