EKLJ partner Ilene Jaroslaw was quoted by Reuters on Oct. 25 about Sam Bankman-Fried testifying at his own trial.
Jaroslaw shares additional thoughts on Bankman-Fried’s testimony: “The decision of whether to testify in one’s defense is fraught, and the client’s situation must be carefully analyzed in the context of the evidence that has been presented by the government. In the case of Sam Bankman-Fried, the government’s evidence is strong; cross-examination of the witnesses yielded little for the defense. When one is facing a mountain of seemingly insurmountable evidence, the choice to testify can be seen as a ‘Hail Mary’ play. It is extreme high risk — and high reward. If the accused can plant a seed of doubt in the mind of a single juror, he may well obtain a hung jury. If the play fails, and there is a conviction, the trial judge may consider the defendant’s testimony to be false or misleading and, in the event of a conviction, may impose a harsher sentence.”