SBF attorneys suggest phone monitoring software

To end the two-week-old brawl between Sam Bankman-Fried’s (SBF) lawyers and federal prosecutors over his bail conditions, New York judge Lewis Kaplan may be considering the defendant’s newest request to install an app on his phone that will automatically record and preserve his chats.

Recall that Prosecutors sent a letter to the court on Jan. 27 seeking Kaplan to amend SBF’s terms to restrict him from contacting any former or current Alameda Research or FTX workers, as well as from using Signal or other secret messaging apps.

The prosecutors in the letter alleged that SBF had made conscious efforts via messaging channels to influence key witnesses and erase evidence using self-deleting messaging applications.

Judge Kaplan’s agreement to bail modifications and objections 

U.S. District Court Judge Lewis Kaplan’s attempt to agree and implement the request of the federal prosecutors was halted after Mark Cohen, SBF’s attorney, submitted a second filing that highlighted the need for SBF to be allowed still maintain contact with a FTX in-house therapist and other key past and present employees of FTX. 

To further stress his point, Mark Cohen, on Feb. 6, 2023, in a filed letter, told the court that it already had an understanding with the prosecutors and he had compiled a list of some FTX employee names and communication channels that SBF can use, but the judge rejected the agreement. 

However, during the latest Feb. 9, 2023 court hearing, Judge Kaplan, while requesting for the so-called list of ‘key FTX employees’ has raised concerns on the possibility of SBFs evasion of surveillance using encrypted messaging channels and sophisticated spy novel technologies. 

Mark Cohen then requested that the court install the software in SBF’s phone to monitor his communications. 

SBF’s secret bail backers

The identities of the wealthy backers who backed SBF’s $250 million bail bond for the former FTX CEO will remain a secret for the time being.

SBF attorneys filed court papers on Feb. 7, 2023, outlining their intention to challenge a Manhattan district court judge’s decision to lift the seal on the names on Jan. 30. They request that the Second Circuit Court of Appeals decide the case.