The New York Times pushed back on Thursday against restrictions in FTX founder Sam Bankman-Fried’s criminal trial that would limit participants’ ability to speak to the press.
In a letter addressed to U.S. District Court Judge Lewis Kaplan, the newspaper advocated for the public’s right to know about a scandal that’s “stripped billions of dollars from the economy and harmed innumerable members of the public.”
The newspaper cited the First Amendment and how it protects news organizations’ right to receive information. It also leaned on criminal rules that say restraints on non-lawyers ability to speak to the press are justified only in limited circumstances.

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The FTX crisis of the past few days has reached its conclusion: bankruptcy. In a press release shared on Twitter, the crypto exchange announced that it had filed for Chapter 11 bankruptcy "to begin an orderly process to review and monetize assets for the benefit of all global stakeholders." The firm's sister entity algorithmic trading firm Alameda Research, its American subsidiary FTX.US, and roughly 130 affiliated entities will also be filing for bankruptcy. Ledger X LLC, FTX Digital Markets Lt...
Once a leading crypto exchange, FTX collapsed last November in a way that raised serious questions about how customer funds were handled. Bankman-Fried was arrested shortly thereafter and faces a litany of charges—civil and criminal—for his role in the exchange’s collapse, including fraud and money laundering.
The Gray Lady’s message follows a report from the newspaper that landed Bankman-Fried back in court. A review of Bankman-Fried’s bail conditions was ordered after snippets of former Alameda Research CEO Caroline Ellison’s personal writings were included in an article published by the Times.
The in-depth look at Ellison’s final days at Alameda detailed how she didn’t feel “well suited” for the job. It also included her admitting she struggled with leadership. Federal prosecutors accused Bankman-Fried of witness tampering by sharing Ellison’s writing with the press.

Feds Want Sam Bankman-Fried Jailed Until Trial Over Alleged Witness Tampering
Federal prosecutors requested FTX founder and former CEO Sam Bankman-Fried be detained on Wednesday, shifting their request at the last minute. Previously, federal prosecutors wanted Bankman-Fried’s bail restrictions tightened, barring him from making extrajudicial statements. But FBI agents were present Wednesday in Manhattan federal court, prepared to take Bankman-Fried into custody. “There are no set of conditions short of detention that could satisfy public safety,” federal prosecutor Daniel...
Federal prosecutors claimed Bankman-Fried should be put in jail ahead of his October trial, only for his counsel to shoot back later with claims the basis for revoking Bankman-Fried’s bail is extremely thin.
Federal prosecutor Danielle Sassoon emphasized during the hearing that Bankman-Fried has had over 1,000 calls with journalists.
At the hearing’s conclusion, Judge Kaplan imposed an interim gag order preventing Bankman-Fried from making public comments. The Times said on Thursday that limiting trial participants’ statements to only those where they defend themselves does not align with established standards.
Ellison, a member of Bankman-Fried’s inner circle and one-time lover, is set to testify against the disgraced crypto wunderkind at his trial. She pleaded guilty to crimes in connection with FTX’s crimes last year.

Caroline Ellison, Gary Wang Plead Guilty, Cooperating in FTX Investigation
Two of Sam Bankman-Fried's closest former allies have flipped on him. Attorneys with the Southern District of New York announced Wednesday night that it had filed charges against FTX co-founder Gary Wang and the ex-CEO of Alameda Research, Caroline Ellison, securing their cooperation in their investigation into the spectacular collapse of FTX. Meanwhile, the Securities and Exchange Commission separately announced that it was also charging the pair “for their roles in a multiyear scheme to defrau...
The Times noted that regulators and law enforcement were not aware of FTX’s alleged mismanagement “until the public’s money had disappeared,” and as a result, there’s an overwhelming amount of public interest in Bankman-Fried and his inner circle.
“The Government argues that the article was part of Defendant’s effort to interfere with the trial,” it said. “That overlooks the public’s legitimate interest—independent of this prosecution—in Ms. Ellison and her activities at her cryptocurrency trading firm.”