Sam Bankman-Fried withdraws new-trial motion, seeks new judge during appeal

Sam Bankman-Fried withdraws his Rule 33 new‑trial motion without prejudice. He says he won’t get a fair hearing from Judge Lewis Kaplan.

He preserves the right to refile after his Second Circuit appeal and any reassignment bid conclude. Source.

He is serving 25 years at FCI Lompoc. Source.

What changed
- The withdrawal was filed “without prejudice.” This keeps the door open to refile later. Source.
- In his letter, he wrote he does “not expect to receive a fair hearing” from Judge Kaplan. Source.
- The move follows a February 2026 recusal motion alleging bias, now pending at the Second Circuit alongside his direct appeal. Source.
- A filing authorship dispute emerged after SBF proceeded pro se. Judge Kaplan sought clarity on who drafted the motion. Source.
- SBF said responding to authorship inquiries drained time from arguing the motion’s merits. Source.

Context and timeline
- March 2026: Rule 33 motion submitted while SBF was in Brooklyn custody. Source.
- April 2026: SBF claimed he drafted multiple versions; prosecutors disputed it. Source.
- April 23, 2026: Reports note the withdrawal and ongoing appeal. TheCryptoBasic tweet.

His appeal and the recusal request remain active. No change to the conviction or sentence for now. Source.