Bankman-Fried May Testify But He Needs His ADHD Medication To 'Meaningfully Participate' In Trial

Sam Bankman-fried, co-founder of the now-bankrupt crypto empire FTX, might testify in court but he needs access to more Adderall to "meaningfully participate" in the trial, his lawyers say.

As Bankman-Fried's fraud trial enters its third week, his lawyers revealed he was having a hard time staying focused while in litigation because he could not take "his prescribed dose of Adderall during trial hours."

The prosecution said it could wrap up its case on Oct. 26, after which the trial will move on to the defense team. While still contemplating whether to put the 31-year-old MIT graduate on the stand, which is a critical decision on the defense's part, Bankman-Fried's lawyers said since their client does not have access to his ADHD medication, he "has not been able to concentrate at the level he ordinarily would and that he will not be able to meaningfully participate in the presentation of the defense case."

"On behalf of our client, Samuel Bankman-Fried, we respectfully submit this letter in connection with the issues that we discussed with the court and government on Friday relating to Mr. Bankman-Fried's inability to take his prescribed medication during the trial day," Bankman-Fried's petition read.

In the letter to the court, his lawyers disclosed they were trying to secure their client's full doses of ADHD medication. While the issue was addressed in August when he was remanded, his ongoing trial made things more difficult, with the Bureau of Prisons (BOP) allegedly ignoring their emails and voice calls.

Though Bankman-Fried still has access to his ADHD medication, he requires three to four doses of Adderall a day. His morning dose might have worn off by the time the jury walks into the courtroom and the only time he can take his medication again is when he returns to his detention at night, the defense team said.

Bankman-Fried should have "a 12-hour extended-release 20mg dose of Adderall in the morning before he is transported to the courthouse for trial on Monday, October 16," the court filing read. "We are hopeful that this modification will resolve the situation, but it is not clear that the BOP will, in fact, be able to provide an extended-release dose to Mr. Bankrnan-Fried before the trial resumes on Monday. Even if this occurs, there is no way of knowing at present whether the extended-release dose will be effective for Mr. Bankrnan-Fried."

The lawyers urged the court to adjourn the trial for a day if it could not provide the medication or issue an order allowing his counsel to provide his prescribed medication at the courthouse on trial days.

"If the current proposal does not work, either because the extended-release dose is not provided or it fails to have the desired effect, we respectfully request that the trial be adjourned for one day on Tuesday, October 17, to find a solution that will work for the remainder of the trial," they suggested. "In the alternative, we respectfully request that the Court issue an order permitting the undersigned counsel to provide Mr. Bankman-Fried his prescribed Adderall in the prescribed doses at the courthouse on trial days."

In August, Manhattan federal court Judge Lewis Kaplan ordered the Metropolitan Detention Center in Brooklyn to provide Bankman-Fried "uninterrupted access to his daily prescribed medications" for depression and ADHD, following a request from his lawyer.

Judge Kaplan also instructed the detention center to make sure Bankman-Fried received his prescribed depression and ADHD medications while in jail.

"For over five years Mr. Bankman-Fried has been prescribed Emsam 9mg/24 hrs transdermal patch for the treatment of depression; and for the past three years, Mr. Bankman-Fried has been prescribed Adderall 10mg tablets, 3-4x/day for the treatment of ADHD. Dr. Lerner observes that without these medications, Mr. Bankman-Fried will experience a return of his depression and ADHD symptoms, which will severely impact his ability to assist in his own defense,'' a doctor's letter detailing his prescription history read.