Prosecutors are astir the magnitude of entree FTX laminitis Sam Bankman-Fried has to defence material, his attorneys said successful a memo precocious Friday.
Bankman-Fried continues to deficiency decent net entree erstwhile produced to a compartment artifact astatine the Southern District of New York courthouse, and has not had anyplace adjacent the magnitude of air-gapped machine entree that the Department of Justice has said helium would have, the letter signed by defence lawyer Mark Cohen said.
Bankman-Fried's defence squad has tried to person him temporarily released oregon fixed greater machine entree to enactment connected his defense, saying his Sixth Amendment rights were being violated. Prosecutors person maintained that helium has had entree to defence materials aft his bail was revoked past period connected nationalist information grounds.
Earlier this week, the DOJ filed a letter saying Bankman-Fried present had entree to aggregate hard drives with defence worldly provided by the defense, an air-gapped laptop each time of the week and an internet-enabled laptop with a caller artillery provided by defence attorneys.
In response, defence attorneys wrote that the program does not enactment successful practice, starring to Judge Lewis Kaplan ordering Bankman-Fried's team to picture what, specifically, they recovered inaccurate.
Friday's missive elaborate these issues, saying Bankman-Fried was lone capable to load a azygous papers owed to mediocre net speeds aft being produced to the courthouse connected Wednesday and granted entree to an internet-enabled computer.
"Effectively, Mr. Bankman-Fried had nary entree to the net for the full 5-hour period," the missive said. "... Despite the Government’s efforts, determination does not look to beryllium a mode to lick the net entree occupation successful the cellblock. That means that Mr. Bankman-Fried has nary mode to reappraisal and hunt documents the find database oregon the AWS database earlier trial. The suspect cannot hole for proceedings with these kinds of limitations."
Bankman-Fried besides doesn't person the afloat magnitude of clip to usage an air-gapped machine that prosecutors promised, Cohen said.
"Almost an full period has passed since Mr. Bankman-Fried was remanded and we person mislaid that clip to efficaciously hole for trial," the missive said. "We truthful respectfully reiterate our petition that the Court bid Mr. Bankman-Fried’s impermanent release."