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From the archive: Enforcement

CLOSER LOOK: Sam Bankman-Fried’s Legal Team Takes New Approach

By Terence A. Oben

Originally published on 23 February 2023. Kept as written; the law it describes may have moved since.

The Run Down:  Bankman-Fried takes a public stance against claims, continuing to keep up with public persona in a non-traditional legal move.

  1. Under the traditional approach, most criminal defense lawyers insist their clients remain silent on all things. 
  2. Bankman-Fried, however, has launched a Substack newsletter, continued activity on Twitter, and given media interviews to defend himself.

Why You Should Care:

As social media presence, and media presence in its entirety, becomes one of the most valuable forms of currency in our modern society - we have seen the law struggle to catch up. The historically, um, shall we say... traditional, industry grapples with the need for modernization versus the constraints of the law.

Defendants put themselves in the spotlight as a means to defend themselves more and more - but with the ability to capture anything that is said online, instantly, we are seeing these attempts don't always work out.

So what are your thoughts? Should defendants be more willing to discuss their charges in the public? Should celebrities attempt to keep themselves in the spotlight as they face criminal allegations? What affect does this have on the public, and more importantly, the jury or judge of these types of cases?

Terence A. Oben

Attorney at law, admitted in New York. Fifteen years of legal, compliance and enterprise risk work across JPMorgan Chase, BNP Paribas, Deutsche Bank, Banco Santander and Ericsson.

Programme work runs through Themis Advisory Group

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