Jailed FTX founder Sam Bankman-Fried (SBF) has filed a motion seeking a new trial in his fraud case in New York federal court. The pro se filing entered the Southern District of New York docket on February 10, 2026, according to Inner City Press. SBF argued his trial violated due process, while his push comes as he also seeks a Trump pardon.
SBF Files Rule 33 Motion in New York Federal Court
The filing cites Rule 33 of the Federal Rules of Criminal Procedure, which allows retrials if justice requires. Notably, SBF submitted the motion from prison with a memorandum of law and a declaration. The submission also included a cover letter dated February 5, 2026.
SBF is serving a 25-year prison sentence after a November 2023 jury conviction on seven fraud and conspiracy counts. Prosecutors accused him of defrauding customers, lenders, and investors tied to the FTX collapse. They described the case as one of the largest frauds in recent years.
However, the new filing argues the government withheld information and harmed his defense. SBF also asked that Judge Lewis Kaplan be recused. The motion remains separate from his ongoing appeal in the Second Circuit Court of Appeals.
Appeal Still Pending as Mother Barbara Fried Submits Filing
SBF’s Second Circuit appeal, listed as case 24-961, was argued in November 2025 and remains pending. That appeal challenges evidentiary rulings, trial fairness, and alleged judicial bias. Meanwhile, the new retrial request moves through the district court as a separate legal track.
Notably, SBF’s mother, Barbara H. Fried, filed the motion on his behalf due to his incarceration. Fried is a Saunders Professor of Law Emerita at Stanford Law School. In her letter, she said SBF authorized her to submit the materials.
The motion also includes Exhibit A, a declaration from Daniel Chapsky, the former head of data science at FTX.US. Chapsky previously supported SBF during sentencing proceedings in 2024. Meanwhile, the filing claims multiple individuals later spoke about DOJ pressure involving defense witnesses.
As the retrial motion surfaced, attention also returned to SBF’s reported pursuit of a Trump pardon. President Donald Trump recently said he has no plans to pardon him. However, the filing comes after Trump granted several high-profile crypto pardons.
In October 2025, Trump pardoned Changpeng “CZ” Zhao, the founder of Binance, for a banking-related conviction. Earlier, in March 2025, Trump pardoned former BitMEX CEO Arthur Hayes, Benjamin Delo, Samuel Reed, and Gregory Dwyer.
SBF Claims FTX Was Never Bankrupt
Separately, SBF’s X account posted claims that he never filed for bankruptcy. SBF wrote that lawyers took control of the company and filed for bankruptcy within four hours. He described the filing as “bogus” and claimed the move allowed lawyers to profit.
SBF also referenced a sworn January 2023 court filing describing discussions with attorney Mr. Miller. He claimed he opposed including FTX U.S. in the bankruptcy filing because wallets showed no deficit there. However, he alleged Sullivan & Cromwell wanted FTX U.S. included because it had cash for legal retainers.
The posts followed comments from Bitcoin trader Alex Wice, who criticized the trial and Judge Kaplan’s rulings. Wice also claimed former FTX executive Ryan Salame faced prison for refusing to testify. SBF replied that he agreed with “almost all” of Wice’s claims.
