Bankman Fried’s Lawyer Explains the Ex-FTX CEO’s Supreme Court Push

After his 2023 conviction and a June 2026 loss at the Second Circuit, Sam Bankman Fried is asking the US Supreme Court to take his case, while also seeking a pardon from President Donald Trump. His lawyer, Jeffrey Fisher of Hecker Fink, says a petition for certiorari must be filed within 90 days of an appellate ruling. The government first had until Oct. 15 to respond, but an extension moved that to Nov. 16, so the justices could decide whether to hear the case in late 2026 or early 2027. If review is granted, a ruling could come before the term ends in June 2027, or in the term that starts a year from now.

Bankman Fried was convicted on seven felony fraud counts over the misuse of FTX customer funds, and he was sentenced to 25 years in prison with an $11 billion forfeiture order.

Fraud Evidence and Excessive Fines Arguments

The petition makes two main points. First, it argues lower courts wrongly handled evidence on whether victims lost money. Prosecutors and the Second Circuit held it was immaterial whether he had the funds and planned to repay customers, since they were defrauded once their money moved to Alameda. Fisher says the government’s chosen theory makes customer losses irrelevant, which raises a real question of prejudice. The petition leans on a 2007 First Circuit ruling in United States v. Carpenter instead of the 2025 Kousisis decision. Former prosecutor Mark Bini of Reed Smith calls a new trial unlikely and that route an uphill battle. Second, the petition says the $11 billion forfeiture breaks the Eighth Amendment ban on excessive fines. Bini finds that issue more interesting and thinks success there would more likely cut the amount than bring a new trial.

Forfeiture Debt and Caroline Ellison’s New Job

Fisher says Bankman Fried has no money to pay and would owe the government for life, with future earnings subject to claim. He is expected to remain in prison until 2043. Separately, former Alameda CEO Caroline Ellison now works at Manifund, a charitable fundraising group. She began a work trial on July 13, about six months after leaving federal custody, and took a full-time role on Aug. 10. CEO Austin Chen says he believes in redemption, while critics such as Nic Carter strongly object.