In the midst of the ongoing criminal trial of Sam Bankman-Fried, the embattled crypto founder, his legal team is fervently advocating for an expansion of his access to the ADHD medication Adderall. As the trial enters its third week, this latest development is drawing attention.
Late on Sunday, Mark Cohen, one of Bankman-Fried’s attorneys, submitted a court filing in which he highlighted the critical importance of ensuring his client receives an adequate supply of Adderall. The insufficiency of this medication, according to Cohen, is impeding the defense team’s ability to prepare their case and could potentially influence the crucial decision of whether Bankman-Fried will take the stand.
Cohen stated in his filing, “Mr. Bankman-Fried has been doing his best to remain focused during the trial for the past two weeks despite not having his prescribed dose of Adderall during trial hours,” underlining the defense team’s “growing concern” about Bankman-Fried’s capacity to “meaningfully participate” in the proceedings. This concern arises from Bankman-Fried’s longstanding use of Adderall, which his lawyers have argued is essential due to his ADHD, a condition for which he was diagnosed years ago.
His legal team, while crafting questions for potential jurors, also sought to identify any potential biases that might arise from Bankman-Fried’s ADHD-related body language. However, Bankman-Fried’s quest for expanded access to Adderall has faced challenges since U.S. District Judge Lewis Kaplan revoked his bail in August, following a breach involving the sharing of private information from a key prosecution witness, Caroline Ellison.
After Bankman-Fried was remanded to the Metropolitan Detention Center in Brooklyn, his lawyers reported his difficulties in obtaining the necessary medication. Despite a ruling from Judge Kaplan for him to receive the ADHD and depression treatments, Bankman-Fried’s legal team now contends that the extended trial hours are hampering his ability to take his prescribed doses.
Frustratingly, efforts to work with the Bureau of Prisons to establish an appropriate medication schedule have yielded “no response,” according to Cohen’s Sunday filing. Their proposal involves providing Bankman-Fried with an extended-release Adderall dose designed to last throughout the day, although its effectiveness remains uncertain. In the event of an unresolved solution, they are seeking an adjournment of the trial scheduled for Tuesday.
The ongoing dispute over Adderall underscores the broader challenges faced by detained defendants in adequately preparing for their trials, be it related to access to electronic discovery or necessary medications. For Bankman-Fried, his access to Adderall may well determine whether he chooses to testify in his own defense, as the government’s case against him becomes increasingly serious.
The Department of Justice anticipates concluding its presentation of evidence around the end of October, with a verdict expected by late November. Bankman-Fried, the founder of FTX, faces a litany of criminal charges, including securities fraud and money laundering, in connection with alleged fraud against customers and investors of his now-bankrupt cryptocurrency exchange, FTX. He has entered a plea of not guilty to all charges.
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