New interpretation of behavior during SBF trial: autism and attention deficit hyperactivity disorder

Author: Jesse Coghlan, CoinTelegraph; Translation: Wuzhu, Golden Finance

In an amicus curiae statement in support of his appeal, a group of doctors said that Sam Bankman-Fried's criminal trial may have been compromised by his neurodivergent disorder, resulting in "lengthy answers" that frustrated the court. **

Eight doctors specializing in the field of neurodivergence told the Second Circuit Court of Appeals in a friend-of-the-court brief supporting Bankman-Fried on September 20th that FTX co-founder has been diagnosed with Autism Spectrum Disorder (ASD) and Attention Deficit Hyperactivity Disorder (ADHD), which has posed significant challenges in the proceedings of this case.

They claim that due to Bankman-Fried's neurodivergence, several rulings are unfavorable to him, especially the ruling from the Manhattan district court, which allows prosecutors to question him without a jury present before he sits in front of the jury.

The verdict "could have had far-reaching implications" because "the judge repeatedly blamed Mr. Bankman-Fried for his lengthy answers and for trying to clarify or rephrase the issue" — a characteristic of autistic people who say the doctors say because the way they understand language is literal.

They also claimed that the judge's penalty later caused Bankman-Fried to change his answer in front of the jury.

Mr. Bankman-Fried made significant corrections before the jury, possibly over-correcting, they wrote.

"Unlike his answers to cross-examination in the absence of the jury, Mr. Bankman-Fried's answers in front of the jury are usually very brief, even very brief - often just a simple 'yes'."

The highlighted excerpt analysis stated that Bankman-Fried used only one or two words for half of his answers on the first day in front of the jury. Source: CourtListener

The briefing points out: "this short answer can easily be misunderstood as arrogance or indifference."

In March of this year, Bankman-Fried was sentenced to 25 years of imprisonment for defrauding FTX customers of $11 billion. Judge Lewis Kaplan stated that Bankman-Fried "equivocated, nitpicked, and attempted to get the prosecutor to rephrase the questions."

Lack of documents and medicines is a "serious obstacle"

The doctors added that Bankman-Fried's inability to obtain "a series of FTX documents" and appropriate ADHD medication is also a disadvantage.

“For people with ASD, a lack of specific documentation can be a serious obstacle,” they said, adding that Bankman-Fried was also “refused ADHD medication during the first three weeks of the trial, which he needed to stay focused.”

In December 2023, Bankman-Fried (second from the right) is being tried at the Brooklyn Metropolitan Detention Center. Source: Tiffany Fong

The doctor wrote that if autistic patients review "specific documents and accurate wording of company policies, recommendations, emails, etc.", they "will be able to find specific answers".

The doctor said that without these documents, the answers of autistic patients are often filled with uncertainty and may appear uncooperative or evasive.

The briefing pointed out that at the initial stage of the trial, when the government provided evidence, Bankman-Fried was "deprived of the ability to concentrate" because he did not receive the appropriate dose of ADHD medication - his lawyer mentioned this during the trial.

The doctor said that Bankman-Fried needs to take slow-release medication in the morning and at noon to stay focused throughout the day, but he only took half of the previous dose, and didn't take the slow-release medication until the trial went on very late.

Excerpt from the doctor's brief explanation of Bankman-Fried's medication situation during the trial. Source: CourtListener

They added, 'Failure to provide an effective dose of ADHD medication can significantly impact function,' and changing the dose may even 'cause withdrawal symptoms'.

Criminal and bankruptcy case cross issues: filing

Meanwhile, a group of bankruptcy law professors filed a friend-of-the-court brief on the same day, neither supporting Bankman-Fried nor the government - which raised concerns about the intersection between the FTX bankruptcy case and Bankman-Fried's trial.

They believe that FTX's bankruptcy proceedings providing assistance to Bankman-Fried's prosecutors "sets a dangerous precedent, encouraging the active use of Chapter 11 proceedings to support parallel criminal prosecutions."

The organization stated that the bankruptcy estate of FTX's contribution to Bankman-Fried's criminal trial is "unusual compared to previous cases," citing the Enron and WorldCom cases of the early 21st century.

Highlights from the law professor's briefing claiming that FTX bankruptcy lawyers support suing Bankman-Fried. Source: CourtListener

They added that the speed of Bankman-Fried's trial means jurors are being told, "Repeatedly and inaccurately informed that FTX will not recover any funds."

"However, the defendant did not have the opportunity to present evidence to prove that the debtor was never found bankrupt, or that FTX clients could actually receive nearly 150% in claims," they said.

FTX Asset Management Company stated in May that it has enough funds to repay creditors, plus "billions of dollars in compensation"—but the value of these funds is equivalent to the asset value at the time of bankruptcy in November 2022.