Federal prosecutors have accused former FTX CEO Sam Bankman-Fried of witness tampering after he allegedly leaked the personal writings of his former girlfriend and business partner, Caroline Ellison, to the New York Times.
In a letter Thursday to US District Court Judge Lewis Kaplan, prosecutors accused Bankman-Fried of giving the New York Times Ellison's writings to "interfere with a fair trial by an impartial jury."
In an article published Thursday titled, "Inside the Private Writings of Caroline Ellison, Star Witness in the FTX Case," the New York Times published private diary entries that Ellison wrote in Google Docs. They reportedly detailed her "unhappy and overwhelmed" emotional state as CEO of Alameda Research, FTX's crypto hedge fund. The writings also reportedly expressed her doubts about her ability to make decisions and effectively run the business.
Ellison in December pleaded guilty to multiple counts of conspiracy and fraud for her role in a scheme that led to the collapse of FTX. Prosecutors say she is expected to serve as a witness in their criminal case against Bankman-Fried, who has pleaded not guilty to eight federal counts of fraud and conspiracy.
In the letter to Kaplan, prosecutors said they became aware earlier in the week that an article was forthcoming and alleged that Bankman-Fried's attorneys confirmed he sat down with the newspaper and handed over documents that were not part of the discovery materials.
"By selectively sharing certain private documents with the New York Times, the defendant is attempting to discredit a witness, cast Ellison in a poor light, and advance his defense through the press and outside the constraints of the courtroom and rules of evidence: that Ellison was a jilted lover who perpetrated these crimes alone," US Attorney Damian Williams wrote on behalf of prosecutors who brought the case against Bankman-Fried.
He added: "While the Government expects the overwhelming evidence to give the lie to this defense, it is prejudicial and improper for the defendant to malign Ellison's credibility in advance of trial, particularly with materials that the defense has not established are admissible at trial, much less produced to the government."
Prosecutors are seeking to limit Bankman-Fried's ability to make public statements out of fear that he could influence the jury pool and have a chilling effect on witnesses.
"In addition to tainting the jury pool, the effect, if not the intent, of the defendant's conduct is not only to harass Ellison, but also to deter other potential trial witnesses from testifying," Williams wrote.
A representative for Bankman-Fried declined to comment. A spokesperson for the New York Times and a lawyer representing Ellison did not immediately respond to requests for comment.
— CNN's Kara Scannell contributed to this report.
