aiming to have the judge dismiss 10 out of the 13 criminal counts he faces, which would have left only conspiracy to commit commodities fraud, conspiracy to commit securities fraud and conspiracy to commit money laundering.
The judge considered whether to dismiss 10 charges, which included wire fraud, conspiracy to commit wire fraud, and violations of campaign finance laws. He largely denied the basis for the motions, citing precedent from the U.S. Court of Appeals for the Second Circuit. “Dismissal of charges ‘is an “extraordinary remedy” reserved only for extremely limited circumstances implicating fundamental rights,‘” said Kaplan. “The Second Circuit has deemed dismissal an ‘extreme sanction’ that has been upheld ‘only in very limited and extreme circumstances,’ and should be ‘reserved for the truly extreme cases,’ ‘especially where serious criminal conduct is involved.’”“The Court has considered all of the arguments of the parties.
as part of a superseding indictment, and one in March 2023 related to the former CEO allegedly bribing a Chinese government official. However, the last five counts will be addressed in a separate trial scheduled to start in March 2024 due to their addition following SBF’s extradition from the Bahamas. His first trial is scheduled to begin in October.
“The Second Circuit has deemed dismissal an ‘extreme sanction’ that has been upheld ‘only in very limited and extreme circumstances,’ and should be ‘reserved for the truly extreme cases,’ ‘especially where serious criminal conduct is involved.’”
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