Should US high court justices grant review of the case, they could release a decision as early as June 2027.
After being convicted in 2023, losing his appeal to a Second Circuit court in 2026 and awaiting a decision on a presidential pardon that may never come, former FTX CEO Sam “SBF” Bankman-Fried is hoping to take his criminal case to the US Supreme Court.
Jeffrey Fisher, counsel at the law firm Hecker Fink LLP and representing Bankman-Fried in his Supreme Court of the United States (SCOTUS) appeal, spoke to Cointelegraph about the potential timeline surrounding the former FTX executive’s case and what onlookers could expect to see should the justices choose to accept his petition for a writ of certiorari, possibly resulting in a new trial.
Bankman-Fried is pursuing the high court’s review while also seeking a pardon from President Donald Trump. According to Fisher, SCOTUS rules require SBF to file a petition for a writ of certiorari within 90 days of a decision from an appellate court, requesting that the justices consider the case.
The Supreme Court initially gave the US government until Oct. 15 to respond to SBF’s petition, but it already granted an extension to Nov. 16, which could allow the justices to decide whether to hear the case in late 2026 or early 2027. If the court grants review of his client’s case, it could issue a decision in the current term, which ends in June 2027, or during its next term, which begins a year from now.
Bankman-Fried was convicted on seven felony fraud counts related to the misuse of customer funds by FTX, the cryptocurrency exchange he founded and led, and which filed for bankruptcy in November 2022. He was sentenced to 25 years in prison and ordered to pay $11 billion in forfeiture.
Bankman-Fried’s petition to the Supreme Court presents two main arguments for justices, should they consider the case, based on lower courts weighing “evidence indicating victims lost money” and that the $11 billion forfeiture order following his conviction violated the Eighth Amendment’s prohibition on “excessive fines.”
“The Supreme Court has expressed concern over the years for prosecutorial overreach in criminal fraud prosecutions,” Fisher told Cointelegraph. “This kind of evidence introduced in this prosecution raises a real question about prejudice to the defendant.”
Related: US Senate unanimously adopts resolution opposing clemency for SBF
The argument presented by prosecutors at SBF’s criminal trial and reiterated by the Second Circuit ruling found it was “immaterial as a matter of law” whether the former CEO had the funds and planned to repay FTX’s victims for their losses at the crypto exchange.
“As the district court made clear, FTX customers were defrauded as soon as Bankman-Fried transferred their money to Alameda regardless of how strongly he believed he might later return the money,” the Second Circuit said in its June 2026 decision.
According to Fisher, this theory differs from many fraud cases in which a defendant “swindled people out of money and enriched himself at their expense.”
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