Bankman-Fried sought to compel U.S. prosecutors to hand over documents given to the government by the law firm, or failing that, seek a court order to subpoena Fenwick & West LLP for the same documents. New York District Court Judge Lewis A. Kaplan on Friday denied Bankman-Fried’s request saying neither Fenwick & West nor the FTX Debtors are part of the “prosecution team.” The government “has no obligation to produce materials that are not within its possession, custody, or control,” the order added.
“Furthermore, the defendant’s proposed subpoena, if enforced, would serve as a fishing expedition and does not meet the specificity, relevance, and admissibility requirements,” set by precedents such as the 1974 U.S. case against former President Richard Nixon, which famously decided a president cannot shield himself from producing evidence in a criminal prosecution because of executive privilege.
Source: Sam Bankman-Fried Can’t Subpoena Law Firm Fenwick & West, U.S. Judge Rules
