New Insights into SBF's Behavior During Trial: Autism and Attention Deficit Disorder
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New Insights into SBF's Behavior During Trial: Autism and Attention Deficit Disorder
Because Sam Bankman-Fried has autism and attention deficit disorder, the court and jury may have misinterpreted his behavior during the criminal trial.
Navigating Web3 tides with focused insightsAuthor: Jesse Coghlan, CoinTelegraph
Translator: Wuzhu, Jinse Finance
A group of doctors stated in an amicus brief supporting Sam Bankman-Fried’s appeal that his criminal trial may have been compromised by his neurodivergent conditions, leading to "lengthy answers" that frustrated the court.
Eight physicians specializing in neurodivergence told the Second Circuit Court of Appeals on September 20 in an amicus brief supporting Bankman-Fried that the FTX co-founder has been diagnosed with autism spectrum disorder (ASD) and attention-deficit/hyperactivity disorder (ADHD), which "posed significant challenges during the proceedings of this case."
They argue that several rulings worked against Bankman-Fried due to his neurodivergence, particularly the Manhattan district court's decision allowing government prosecutors to question him without a jury present before he testified before the jury.
This ruling "may have had profound consequences," they said, because "the judge repeatedly admonished Mr. Bankman-Fried for his lengthy responses and attempts to clarify or rephrase questions"—a trait common among autistic individuals who interpret language literally.
They also claim these judicial rebukes later caused Bankman-Fried to alter his testimony in front of the jury.
"Mr. Bankman-Fried made substantial corrections in front of the jury, possibly overcorrecting," they wrote.
"Unlike his cross-examination responses when the jury was absent, Mr. Bankman-Fried’s answers in front of the jury were typically very brief—even extremely so—often just a simple 'yes.'"
Highlighted excerpt analysis shows that half of Bankman-Fried's answers on his first day facing the jury consisted of only one or two words
Source: CourtListener
The brief notes: "Such concise answers are easily misinterpreted as arrogance or indifference."
In March, Bankman-Fried was sentenced to 25 years in prison for defrauding FTX customers of $11 billion, with Judge Lewis Kaplan stating that Bankman-Fried was "evasive, nitpicking, and trying to get the prosecutor to rephrase questions."
Lack of Documents and Medication Was a "Significant Barrier"
The doctors added that Bankman-Fried’s inability to access "a range of FTX documents" and proper ADHD medication was another disadvantage.
"For individuals with ASD, the absence of specific documents can be a significant barrier," they said, adding that during the first three weeks of trial, Bankman-Fried was also "denied ADHD medication essential for maintaining focus."
In December 2023, Bankman-Fried (second from right) at the Metropolitan Detention Center in Brooklyn during his trial
Source: Tiffany Fong
The doctors wrote that when autistic individuals can review "concrete documents and precise wording such as company policies, recommendations, emails," they "can find specific grounds for their answers."
Without such documents, they say, responses from autistic individuals "often carry uncertainty" and may appear "uncooperative or evasive."
The brief notes that during the initial phase of the trial, while the prosecution presented evidence, Bankman-Fried was also "deprived of his ability to concentrate" because he did not receive the appropriate dosage of ADHD medication—a point raised by his attorneys during the trial.
Doctors say Bankman-Fried requires extended-release medication in the morning and at noon to maintain focus throughout the day, but he received only half his prior dose and did not take extended-release medication "until late into the trial."
Excerpt from doctors’ brief regarding Bankman-Fried’s medication during trial
Source: CourtListener
They added that "failure to provide effective doses of ADHD medication can severely impair functioning," and changing dosages might even "trigger withdrawal symptoms."
Intersection of Criminal and Bankruptcy Cases: Filing Concerns
Meanwhile, a group of bankruptcy law professors filed an amicus brief on the same day, supporting neither Bankman-Fried nor the government—raising concerns about the intersection between the FTX bankruptcy and Bankman-Fried’s criminal trial.
They argue that assistance provided by the FTX bankruptcy process to prosecutors in Bankman-Fried’s case "sets a dangerous precedent, encouraging aggressive use of Chapter 11 proceedings to support parallel criminal prosecutions."
The group says the FTX estate’s contributions to Bankman-Fried’s criminal trial "are extraordinary compared to prior cases," citing Enron and WorldCom cases from the early 2000s.
Highlighted excerpt from law professors’ brief claiming FTX bankruptcy lawyers supported prosecution of Bankman-Fried
Source: CourtListener
They add that the speed of Bankman-Fried’s trial meant jurors were "repeatedly and inaccurately told that customers would recover nothing from FTX."
"Yet the defendant had no opportunity to present rebuttal evidence showing that the debtor was never adjudicated bankrupt, or that FTX customers could actually receive nearly 150% of their claims," they said.
The FTX asset management team stated in May that it had sufficient funds to repay creditors plus "billions of dollars in surplus"—though this value is based on asset valuations at the time of bankruptcy in November 2022.
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