Prosecutors behind the criminal case against former FTX chief executive officer Sam Bankman-Fried have requested additional time to consider the legal implications of him using a virtual private network, or VPN.
In a Feb. 13 filing with the United States District Court for the Southern District of New York, U.S. Attorney Damian Williams said the Justice Department had uncovered that Bankman-Fried accessed the internet on Jan. 29 and Feb. 12 — the second date being Super Bowl LVII. According to Williams, the government’s view was that using a VPN “raises several potential concerns”, citing examples of U.S.-based users accessing certain international crypto exchanges, and obscuring data from websites Bankman-Fried may be visiting.
“A VPN allows data transfers without detection through a secure, encrypted connection [and] is a more secure and covert method of accessing the dark web,” said the filing. “The defense maintains that the defendant was not using a VPN for any improper purpose and has indicated that it would like the opportunity to engage in discussions with the Government about the issue.”
According to Mark Cohen of the law firm Cohen & Gresser — representing SBF in the criminal case — the former FTX CEO used the VPN to watch sports coverage including the Super Bowl. He added that until the issue was resolved among lawyers, Bankman-Fried would not use a VPN.
FINAL: The @Chiefs are AFC Champions! #CINvsKC #NFLPlayoffs pic.twitter.com/YcN400duMM
The court document suggested that Bankman-Fried’s legal team was discussing whether the former FTX CEO’s use of a VPN could be included as a condition of his bail. Since SBF’s arrest, prosecutors have already asked the court to restrict Bankman-Fried’s use of certain messaging
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