There is no possibility of parole in the federal criminal case, but Bankman-Freed could have his 25-year sentence reduced by good behavior.
Former federal prosecutor Mitchell Epner told CNN, “If the SBF gets all the property available in prison, he could serve as little as 12 and a half years.”
Federal inmates typically earn up to 54 days of time credit per year for good behavior, which can reduce their time by about 15%.
But since 2018, nonviolent federal inmates can have their sentences reduced by up to 50% under a prison reform law known as the First Step Act.
Epner said the First Step Act was written as a civil rights measure to help minority offenders who commit non-violent drug trafficking crimes.
“This turns out to be a huge boon for white-collar criminal defendants, who already receive much lighter sentences than drug traffickers,” Epner added.
Jordan Estes, a former federal prosecutor and current partner at Kramer Levin, said there are also provisions that allow courts to reduce sentences for special and compelling reasons, often medical reasons.
“Since the pandemic, courts have become more likely to grant early release under this provision if a defendant has served a significant portion of their sentence,” Estes said.
