SBF lawyers seek jury to consider UK law governing FTX terms of service

Lawyers for SBF are once again trying to get the jury overseeing the trial to consider the role of UK law in governing FTX’s terms of service, hoping this might lead to a “not guilty” verdict on some of the fraud charges SBF faces. “Under the (UK) government’s theory, in order for misappropriation to occur, a trust, fiduciary or similar relationship must exist between FTX and its clients,” a document including proposed jury instructions said. 's relationship is governed by the Terms of Service', which in turn are 'subject to... UK law'; a separate set of documents provides examples from the UK. “The Terms of Service do not create a fiduciary, fiduciary or similar relationship between FTX and its clients under English law. Nor will any representations made after the client agrees to the Terms of Service create such a relationship under English law. A person subjective The fact that one expects, understands, or believes that there exists does not constitute such a relationship.” Earlier this month, defense attorney Mark Cohen had FTX’s former general counsel read out part of the terms of service in court, which read: “The Terms and any disputes shall be governed by and construed in accordance with English law.” (CoinDesk )