On Monday, May 8th, the legal team representing Stefan Buck, the founder of the now-defunct cryptocurrency exchange FTX, filed a series of motions to dismiss ten of the thirteen charges brought against him in relation to the exchange’s collapse. The team argued that some of the charges were multiplicitous, failed to state an offense, violated the extradition treaty with the Bahamas, or were otherwise legally flawed.
The charges against Buck stem from allegations that he engaged in a variety of illegal activities, including wire fraud, securities fraud, and money laundering. The collapse of FTX, which occurred in 2019, resulted in the loss of millions of dollars for investors who had entrusted their funds to the exchange.
Buck has been in custody since his arrest in November 2020, and his legal team has been working to have the charges against him dismissed ever since. The team’s latest filings represent their most significant effort yet to have the case against Buck thrown out of court.
The motions filed by Buck’s legal team argue that several of the charges against him are multiplicitous, meaning that they are essentially the same charge stated in different ways. The team also argues that some of the charges fail to state an offense, meaning that they do not meet the legal requirements for the crime they are alleging.
In addition, Buck’s legal team argues that some of the charges violate the extradition treaty between the United States and the Bahamas. Buck was arrested in the Bahamas and extradited to the United States to face charges, and his legal team contends that some of the charges against him are not covered by the treaty.
The legal team also argues that some of the charges are legally flawed because they rely on a broad interpretation of the law that is not supported by precedent. For example, the team argues that the charge of wire fraud, which alleges that Buck used electronic communications to defraud investors, is based on a definition of wire fraud that has been rejected by several courts.
Despite the efforts of Buck’s legal team to have the charges against him dismissed, the case is likely to proceed to trial. The government has indicated that it intends to vigorously pursue the charges against Buck, and the judge in the case has shown little inclination to dismiss the charges.
The collapse of FTX was a significant event in the cryptocurrency world, and the charges against Buck have attracted widespread attention. Many in the cryptocurrency community have been closely following the case, and some have expressed concern that the government’s prosecution of Buck could have a chilling effect on innovation in the industry.
Overall, the filings by Buck’s legal team represent a significant development in the case against him. While it remains to be seen whether the charges against Buck will ultimately be dismissed, the filings suggest that his legal team is mounting a vigorous defense and is not willing to go down without a fight.