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Sam Bankman-Fried, the co-founder of FTX, is now receiving support from a group of neurodivergence experts, who argue that his autism spectrum disorder (ASD) and attention-deficit/hyperactivity disorder (ADHD) negatively impacted his criminal trial.
In a Sept. 20 amicus brief filed with the Second Circuit Appeals Court, eight doctors specializing in neurodivergence raised concerns that Bankman-Fried’s disorders may have led to communication challenges, ultimately affecting his trial outcome.
Bankman-Fried was sentenced to 25 years in prison for defrauding FTX customers of $11 billion.
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Rulings Affected Bankman-Fried
The doctors claim that several court rulings disproportionately affected Bankman-Fried due to his neurodivergence, especially the decision by the Manhattan district court to allow government prosecutors to cross-examine him outside the jury’s presence.
This ruling, they argue, worsened the situation, as the judge “repeatedly chided” Bankman-Fried for giving long, detailed answers—behavior the doctors say is typical for individuals with ASD, who often interpret language literally and need time to clarify questions.
The brief goes on to suggest that the judge’s reprimands caused Bankman-Fried to overcorrect his responses when testifying in front of the jury. Instead of his usual detailed replies, SBF gave brief, one-word answers, such as “Yup,” which, the doctors claim, may have been misinterpreted by jurors as arrogance or indifference. The brief argues that this shift in behavior likely influenced the jury’s perception of him.
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Doctors also pointed to the lack of access to key documents during the trial as a serious disadvantage. According to the doctors, people with ASD often rely on specific documentation to provide clear and concrete answers. Without such materials, Bankman-Fried’s responses may have appeared vague or evasive—something that further harmed his case.
ADHD Poorly Managed
Additionally, the doctors argued that Bankman-Fried’s ADHD was poorly managed during the trial. They explained that his medication was initially administered in lower doses and lacked the extended-release formulation needed for sustained focus throughout the trial. The brief contends that this mishandling of his medication likely hindered Bankman-Fried’s capacity to engage effectively in his defense.
On the same day, a separate amicus brief filed by bankruptcy law professors highlighted potential conflicts between FTX’s bankruptcy case and the criminal trial. These professors raised concerns about the unusual level of cooperation between FTX’s bankruptcy estate and prosecutors.
Interestingly, earlier this month, Bankman-Fried challenged his conviction, citing a flawed jury process.
