- Bankman-Fried filed a Rule 33 motion from prison alleging withheld evidence and seeking Judge Kaplan recusal.
- The retrial bid runs alongside a pending Second Circuit appeal with filings submitted by his mother.
- Attention returned to Trump pardon efforts as Bankman-Fried revived claims disputing FTX bankruptcy filings.
Sam Bankman-Fried filed a motion seeking a new trial in his FTX fraud case on February 10, 2026. The filing appeared in New York’s Southern District federal court, according to Inner City Press. The jailed former FTX founder argued due process violations after his 2023 conviction, while serving a 25-year sentence and pursuing a presidential pardon.
Rule 33 Motion Filed From Prison
The motion cites Rule 33 of the Federal Rules of Criminal Procedure, which allows retrials if justice requires. Bankman-Fried submitted the filing pro se from prison, including a legal memorandum and declaration. A cover letter attached to the motion carries a February 5, 2026 date.
Prosecutors previously convicted Bankman-Fried on seven fraud and conspiracy counts in November 2023. The charges stemmed from the collapse of FTX and alleged fraud against customers, lenders, and investors. The government described the case as among the largest financial frauds in recent history.
However, the retrial motion claims prosecutors withheld information that harmed the defense. Bankman-Fried also requested the recusal of Judge Lewis Kaplan. The motion proceeds separately from his ongoing appellate case.
Appeal Continues as Family Submits Filing
Bankman-Fried’s appeal remains pending before the Second Circuit Court of Appeals as case 24-961. Lawyers argued that appeal in November 2025, challenging evidence rulings and trial fairness. Meanwhile, the retrial request advances through the district court on a parallel track.
Notably, his mother, Barbara H. Fried, submitted the retrial materials due to his incarceration. Fried, a Stanford Law School emerita professor, said her son authorized the filing. The submission includes a declaration from Daniel Chapsky, former head of data science at FTX.US.
Chapsky previously supported Bankman-Fried during 2024 sentencing proceedings. The motion also references claims from unnamed individuals about alleged Department of Justice pressure involving defense witnesses.
Pardon Attention and Bankruptcy Claims Resurface
As the filing emerged, attention returned to Bankman-Fried’s reported pursuit of a Trump pardon. President Donald Trump recently said he has no plans to pardon him. The motion follows several crypto-related pardons granted by Trump in 2025.
In October 2025, Trump pardoned Binance founder Changpeng “CZ” Zhao. Earlier, he pardoned former BitMEX executives Arthur Hayes, Benjamin Delo, Samuel Reed, and Gregory Dwyer.
Separately, posts from Bankman-Fried’s X account claimed FTX never filed for bankruptcy. He wrote that lawyers took control and filed within four hours. He also referenced a January 2023 sworn filing and disputed including FTX U.S. in bankruptcy.
