SDNY COURTHOUSE, May 13 â The US Army
soldier indicted for making $400,000 on Polymarket with
inside information on the capture of Nicolas Maduro in
Venezuela is due in the U.S. District Court for the
Southern District of New York, according to his release
order in North Carolina found and tweeted by Inner City
Press.
Gannon Ken Van Dyke's profits are
put at $409,000. But on April 24 he was found to be
"eligible for appointment of counsel at government
expense." 5(c)(3) filings on Patreon here.
His financial affidavit, of the type Inner
City Press has gotten unsealed for example in the SDNY
case of Michael Avenatti, was not
included. By April 28, he had retained
Zach Intrater - and Mark Geragos. Inner City Press was
there, and live
tweeted:
Defendant Van Dyke in
the courtroom, in black shirt with black jacket (out on
Pearl Street, had on sunglasses). His lawyer Zach
Intrater is chatting with the prosecutors
1:12 pm
Also at defense table, in a purple suit, Mark Geragos -
his daughter Teny is representing Harvey Weinstein
around the corner; Mark G hasn't, it seems, filed a
notice of appearance for Van Dyke. Yet?
1:16 pm
All rise!
Judge Garnett: I'd like to make a record. I worked at
the US Attorney's Office, at the Number Two person. I
knew these prosecutors at line Assistants in the Office.
I have rules for recusal. Mr. Finkel and Mr. Intrater,
any basis to recuse?
No.
Judge Garnett: Time
of arrest?
AUSA Finkel: April 24, 4 pm, in North Carolina.
Judge: You have the right to remain silent... You are
present with retained counsel [three - including
Garagos] Do you understand?
Van Dyke: Yes, Your Honor
Judge Garnett: It is
alleged you used classified government information to
place bets on a prediction market for personal gain.
Have you seen the indictment?
Van Dyke: Yes Your Honor.
Judge Garnett: How do you plead?
Van Dyke: Not guilty, Your Honor.
Judge: Bail?
AUSA Finkel: $250,000
personal recognizance bond... Surrender of passport and
new no application. No firearms or excessive alcohol
use, release today on his own signature. Travel in NC,
NY, CA, two Districts
Garagos: He is in Modesto, near the Northern
District.
Judge Garnett: If he
still in the military?
Van Dyke's lawyer Intrater: He is on leave. We have have
an update.
Judge Garnett: I accept the terms of bond. Surrender any
firearms - I understand that's already been
accomplished. Mr. Finkel, let me hear from you
AUSA Finkel: We
allege he used information about the Operation to place
$33,000 in bet on Polymarket, took in $400,000.
Judge Garnett: Any CIPA litigation? It's an unusual
case, the defendant allegedly had the information.
AUSA: We'll tell you in 2 or 3 weeks
Do Van Dyke's retained counsel have the required clearances yet? Several have spent the month with Harvey Weinstein in 100 Centre Street...
More on Substack here
This case is USA v. Van Dkye, 1:26-cr-156
(Garnett)