No-nonsense judge takes over FTX-Bankman-Fried criminal case

U.S. Law Review

A Manhattan federal judge known for swift decisions and a no-nonsense demeanor during three decades of overseeing numerous high-profile cases was assigned Tuesday to Sam Bankman-Fried’s cryptocurrency case.

The case was relegated to Judge Lewis A. Kaplan after the judge originally assigned recused herself because her husband worked for a law firm that had done work related to Bankman-Fried’s collapsed crypto exchange FTX.

Bankman-Fried, arrested in the Bahamas two weeks ago, was brought to the United States last week to face charges that he cheated investors and looted customer deposits on his FTX trading platform.

On Thursday, he was freed on a $250 million personal recognizance bond to live with his parents in Palo Alto, California, after an electronic monitoring bracelet was attached to him so authorities could track his whereabouts.

Kaplan, 78, who has held senior status in Manhattan federal court for over a decade, was nominated to the bench by President Bill Clinton in 1994.
Since then, he has overseen numerous high-profile trials and several cases notable in the financial world, including what authorities had described as the first federal bitcoin securities fraud prosecution. Kaplan sentenced the defendant to 18 months in prison.

n 2014, he blocked U.S. courts from being used to collect a $9 billion Ecuadorian judgment against Chevron for rainforest damage, saying lawyers in the case had poisoned an honorable quest with illegal and wrongful conduct.

And in 2012, he delayed his acceptance of a guilty plea by a Utah banker, ordering prosecutors to explain in writing why they were letting the banker plead guilty to a misdemeanor bank gambling charge rather than a felony.


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USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.