| Pildes Indicted for
SantaCon Con Proposes Deferred
Prosecution Now Tax Return
Production
by
Matthew Russell Lee, Patreon Book
Substack SDNY
COURTHOUSE,
Sept 25 â The head of
New York's SantaCon, Stefan
Pildes, has been indict for
fraud. On April 28 he was
before U.S. District Court for
the Southern District of New
York Senior Judge Colleen
McMahon. Inner City Press was
there: Defense: Your
Honor is obviously aware of
the event Judge McMahon:
Hard not to, being in New
York. I stay home to avoid it.
Defense: Some
like it. We can come back once
we get discovery- Judge McMahon: In
September. Defense: His wife
and mother have signed the
bond. But he is supposed to
pledge his home in Passaic,
New Jersey to secure the bond.
We need a week. Judge McMahon:
Take it. Assistant US
Attorney: We are discussing a
protective order. Judge:
What's to protect? Whose
secrets are we protecting
here? AUSA: The
victims'. Judge: OK.
September 15, 2 pm. See you
then. All rise! Judge: What is the status? AUSA: 40,000 page of discovery, and now tax records - we need court approval. Judge: I'm happy to sign. AUSA: We have discussed a potential resolution. The defense has submitted a deferred prosecution agreement Judge: A DPA?? AUSA: I don't want to get ahead of ourselves. But if no DPA, we may supersede with tax charges. Oct 30 for defendant's motion. Judge: On what basis? Pildes' lawyer Biale: We explained in detail why this is not a Federal crime Pildes' lawyer: This activity was covered by the First Amendment. And they have not given up Brady material. If we are unable to resolve, we will file. AUSA: Much of that was false. Our final Rule 16 production will be Friday. Judge: 3 terrabyes for this case? Judge: If you cut the salami too thin... I've already thrown out one conviction on Brady grounds and I won't hesitate doing it again. AUSA: We are doing ongoing responsive review Judge: That's gobbly-gook. You've had six months AUSA: I appreciate that AUSA: We get a subpoena return from Google and go over it. The review is ongoing. Judge: You know they can't possibly review the full three terabytes. AUSA: They have plenty of resources. Judge: By next Friday, you'll have dumped it on them Pildes' lawyer: They say they have been investigating this for years. Why are they not finished producing discovery? AUSA: We go through a painstaking process, inducting information with external third parties. Then a privilege review. What he's saying is unfair Judge: Provide weekly updates. AUSA: If the court wants. Judge: The Court wants. The motion schedule is fine. I exclude time under the Speedy Trial Act. Please conclude your discussions asap. Adjourned On September 23 the US Attorney's Office wrote in that '[t]he Tax Documents consist of tax returns and return information, where available, for the defendant, his spouse, and various entities. The Tax Documents may also indicate any years for which there were no relevant tax filings. The Government believes that the Tax Documents would be used at any future trial to demonstrate the defendantâs involvement in the charged offense, including that the defendant made knowing misstatements about the use of the SantaCon proceeds. Accordingly, the Government seeks an order authorizing it to produce the Tax Documents in discovery. And on September 25: "IT IS HEREBY ORDERED that, giving due consideration to congressional policy favoring the confidentiality of returns and return information as set forth in Title 26, United States Code, the Tax Documents are required to be produced pursuant to Rule 16 of the Federal Rules of Criminal Procedure. SO ORDERED: (Signed by Judge Colleen McMahon on 9/25/2026)." The case is USA v. Pildes, 1:26-cr-142 (McMahon)
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