The US Government Added New Charges Against SBF Only After He Was Extradited to the Country

STATEMENT OF FACTS

III. The Government Charges Mr. Bankman-Fried for Offenses Not Encompassed by the Bahamas’s Warrant of Surrender.

After Mr. Bankman-Fried was brought to the United States, the Government obtained two superseding indictments against Mr. Bankman-Fried. On February 23, 2023, the Court unsealed an indictment adding a substantive commodities fraud count (Count 4), a substantive securities fraud count (Count 6), a bank fraud conspiracy count (Count 9), and an unlicensed money transmitting conspiracy count (Count 10). See Superseding Indictment ¶¶ 67-68, 73-74, 80-86, February 23, 2023, ECF No. 80 (the “S3 Indictment”). The Government superseded again on March 28, 2023, adding a FCPA conspiracy count (Count 13). See S5 Indictment ¶¶ 102-05. The defense’s understanding is that the Government has notified the Bahamas of the S3 Indictment and the S5 Indictment but has not provided supporting documentation for the new charges, as required under the Extradition Treaty, to enable the Bahamas to make a determination as to whether it can consent to the new counts in those indictments. See Letter from Nicolas Roos et al. to the Honorable Lewis A. Kaplan, Feb. 22, 2023, ECF No. 84; Sealed Order at 1, Mar. 28, 2023, ECF No. 114; Ex. 2 at SDNY_03_01098074 to -8075. The defense understands that, to date, the Bahamas has not consented to the addition of the new charges. Thus, including the campaign finance offense, Mr. Bankman-Fried now faces charges on four counts that were not encompassed by the counts listed in the Bahamas’s Warrant of Surrender and to which the Bahamas has not consented.