The Former CEO of the Crypto Exchange FTX Gives Up on a New Trial but Maintains his Appeals Against the Judge

On Wednesday, April 22, 2026, Sam Bankman-Fried sends a letter to the federal court in New York from his cell at the federal prison in Lompoc, California. He gives up requesting a new trial. But he does not give up completely. Sentenced to 25 years in prison for fraud, the former boss of the crypto exchange FTX now focuses his efforts on a single target: Judge Lewis Kaplan.

SBF withdraws Rule 33: the former king of the crypto FTX’s legal maneuver

Rule 33 is a U.S. legal mechanism allowing a convicted person to request a new trial if they believe the interest of justice demands it. The fallen crypto king SBF had submitted this request in February 2026, alone, without a lawyer. U.S. law calls this a “pro se” filing. In his request, he claimed that the Biden administration had threatened several witnesses to silence them or change their statements during his trial.

Judge Lewis Kaplan cast doubt in March. In a letter dated March 23, 2026, he ordered SBF to reveal if any lawyers had helped him draft his documents. The question was not trivial. A few days earlier, his mother Barbara Fried had sent a letter to the court on his behalf, without authorization.

The response from SBF is direct:

I am the author of this letter, but I consulted my parents about it because it concerns both of them.

He specifies that his parents made “editorial and organizational suggestions”. Some were incorporated. SBF also states that his parents helped him print the documents. The former crypto exchange creator no longer has access to a word processor in prison. He also indicates having shared drafts with a New York lawyer who was initially appointed but had “no significant contribution to the final motion.”

SBF versus Judge Kaplan: the real legal war of the crypto FTX case

The withdrawal of Rule 33 is not a surrender. Sam Bankman-Fried specifies this himself. He withdraws without prejudice to renew after his direct appeal and the related reassignment request have been decided. This is a tactical retreat, not a surrender.

The real offensive by SBF targets Judge Lewis Kaplan since February 2026. In a formal request filed in his own name, the founder of the crypto exchange FTX accuses the magistrate of “extreme bias.”

He specifically cites comments by the judge during the trial, displayed hostility before the jury, and compares his situation to that of Judge McCormick in Delaware. The latter recused herself in several cases involving Elon Musk after a controversy over a LinkedIn like. SBF believes the grounds for recusal in his crypto case are at least as strong.

For many crypto experts, this request for a judge change remains pending (as does his appeal before the Second Circuit Court of Appeals, which reviews his conviction and 25-year sentence independently). Appellate judges have already expressed some skepticism about some defense arguments. But the procedure continues. The withdrawal of Rule 33 therefore does not affect either of these cases.

SBF retreats on the trial, but advances against the judge. His strategy is clear: focus his resources on the main appeal and Kaplan’s recusal. The FTX case is therefore not closed. For the global crypto ecosystem, it remains a symbol of a bygone era and a warning still relevant today.