SBF withdrew its motion for retrial, stating that it could not obtain a fair trial from a judge.

SBF has sent a letter to New York Judge Lewis Kaplan announcing the temporary withdrawal of his Rule 33 motion for a retrial. SBF stated that he decided to withdraw the motion because he needed to focus on answering the judge's questions regarding his lawyer's involvement in drafting the motion, and because he believed he could not obtain a fair trial before the judge. He plans to reserve the right to resubmit the motion after a ruling on his direct appeal and request for a reassignment judge. Previously, SBF was sentenced to 25 years in prison for defrauding clients and investors. In the letter, he confirmed that the motion was primarily drafted and researched independently by him while in a Brooklyn jail, with his parents only providing editorial advice and assistance with printing.