SBF Supreme Court challenges the evidence used to convict the defendant, as well as the seizure of $

Sam Bankman-Fried (SBF) has filed an appeal with the U.S. Supreme Court. His attorneys, Jeffrey Fisher and others, pointed out that SBF’s petition to the Supreme Court raises two key issues. First, in criminal cases, courts often consider unrelated losses suffered by FTX customers as factors in determining guilt. Second, sentencing SBF to forfeit $11 billion in assets violates the Eighth Amendment to the U.S. Constitution.

Why November is the deadline for attention

First, the justices need to decide whether to accept the case. Jeffrey Fisher, a lawyer from Hecker Fink LLP, said that according to Supreme Court rules, SBF must submit a writ of certiorari within 90 days after the appeal verdict is issued. This petition was submitted in September 2026.

The government was originally required to respond by October 15th. According to Fisher, this deadline has been extended to November 16th. This delay means that a decision regarding whether to review the case may be made at the end of 2026 or early 2027. If the justices decide to hear the case, Fisher said that the ruling could be made during the current term (ending in June 2027), or it could be postponed to the next term. A favorable ruling could lead to a retrial.

The two main reasons cited in the petition

In 2023, Bamkin-Fried was convicted of seven felony charges for misappropriating funds from FTX customers. He was sentenced to 25 years in prison, and $11 billion was seized as punishment. In June 2026, a panel of three judges from the Second Circuit Court of Appeals upheld the original sentence.

One of the reasons for appealing involved the scope of evidence available to the jury. The prosecution argued that the case could be proven regardless of whether customers ultimately recovered their funds. The Second Circuit Court of Appeals agreed with the prosecution’s view, stating that FTX customers were considered victims of fraud from the moment Bamkin-Fried transferred their funds to Alameda Research, regardless of his intentions.

Fisher described this interpretation as “quite unusual.” He pointed out, “Our main point is that the government’s chosen theory makes it irrelevant whether customers suffered any losses or how much they lost.”

Another reason for appealing was related to the amount of assets to be seized. SBF argued that $11 billion was an excessive amount and violated the eighth amendment, which prohibits excessive fines since the Magna Carta.

SBF claimed that reducing the amount of assets to be seized to $11 billion would increase its chances of success.

The petition cited conflicting rulings from the Supreme Court and other courts of appeals. It referred to the case Kousisis v. United States, which was decided in 2025. SBF’s lawyers interpreted this case as meaning that if someone is required to return their funds due to false statements, even if they haven’t suffered any actual financial losses, the prosecution can still seek a long-term sentence.

Former federal prosecutor Mark Bini, currently working at Reed Smith Law Firm, said, “The chances of getting a new trial seem very low. Defending based on the Carpenter case rather than the Kousisis case would be a difficult battle.”

What interests Bini more is the issue of significant asset forfeiture. He pointed out that if the court accepts the claims for forfeiture but rejects the evidence-related claims, it is likely to reduce the amount of assets to be forfeited, rather than ordering a retrial.

What does this financial dispute mean for Bamkman-Freed?

This debt could haunt SBF for life. Bini expects to be released in 2043. Fisher said that the judgment allows the government to seize almost all of his future earnings. “He has no money to pay back,” Fisher explained. It seems that he owes the government $11 billion, and he will have to repay this debt throughout his remaining life.

There are several issues with the payment process. In 2025, FTX creditors began receiving compensation, but this compensation was calculated based on the token prices at the time of the exchange’s bankruptcy in 2022. As a result, some people missed out on three years of returns.

Additionally, Bamkman-Freed is requesting pardons from President Donald Trump. This request is currently being handled by the Pardons Office. The U.S. Senate has passed a unanimous resolution opposing any form of forgiveness for him.