Prosecutors are not supposed to litigate their criminal cases in the media (although they often do). Although you could put explosive stuff in the complaint without violating Model Rules 3.6 and 3.8, it does run the risk of tainting the jury pool. The accountability will come when SBF pleads or when SDNY has to put up or shut up at trial. I don’t think there is a widespread (or even semi-common) belief that SDNY is overplaying its hand. So I would be more worried about handing SBF a potential appellate issue than about public confidence right now.
Prosecutors are not supposed to litigate their criminal cases in the media (although they often do). Although you could put explosive stuff in the complaint without violating Model Rules 3.6 and 3.8, it does run the risk of tainting the jury pool. The accountability will come when SBF pleads or when SDNY has to put up or shut up at trial. I don’t think there is a widespread (or even semi-common) belief that SDNY is overplaying its hand. So I would be more worried about handing SBF a potential appellate issue than about public confidence right now.