Why Changpeng Zhao Remains Free Despite a Prison Sentence

Changpeng Zhao, former CEO of Binance, has not yet commenced his four-month prison sentence at Seatac, a federal detention centre in California. Although sentenced by a US district judge on 30 April 2024, Zhao is awaiting notification from the Probation or Pretrial Services Office on when to report to prison.

Zhao's Imprisonment Delay Due to Probation Office Notification Under 18 U.S.C. § 3585(a)

Federal statute 18 U.S.C. § 3585(a) outlines three scenarios where a sentenced individual might experience a delay in starting their prison term:

1. US Marshalls Notification: A judge might order the defendant to surrender to the US Marshalls, who then determine the reporting date.
2. Probation Office Notification: The judge authorises the Probation or Pretrial Services Office to notify the defendant of their entry date.
3. Voluntary Surrender: The defendant is allowed to report voluntarily, usually reserved for shorter sentences or low flight risk.

Zhao’s case falls under the second scenario.

Zhao is still listed as ‘not in BOP custody.’

Fifth Amendment Due Process Delays Zhao's Imprisonment Amid Detailed Bureau of Prisons Review

The Fifth Amendment guarantees due process, ensuring all individuals, including non-citizens, are protected. This involves:

• Facility resources
• Nature and circumstances of the offence
• Offender’s history and characteristics
• Court statements regarding facility recommendations
• US Sentencing Commission policy statements

The Bureau of Prisons is conducting a thorough analysis of Seatac's suitability for Zhao, a process that has delayed his imprisonment.

Legal Maneuvers and Expert Defense Cause Delay in Zhao's Imprisonment

Prior to Zhao’s sentencing, it was unclear if imprisonment was certain. Last-minute legal manoeuvres and public opinion contributed to the uncertainty, preventing the Bureau from completing its statutory duties in advance.

Zhao's defence team includes seven top-tier lawyers from three prestigious firms. Their expertise has undoubtedly contributed to the delay, ensuring Zhao has adequate time to prepare for prison.

Despite the delays, Zhao will eventually serve his sentence once the Probation or Pretrial Services Office completes its review and notifies him.

Changpeng Zhao’s prison sentence is delayed due to procedural requirements and constitutional guarantees.