SDNY COURTHOUSE, April 28 – 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
Judge Garnett: It
would be helpful if the information were declassified.
AUSA Finkel: We'll pass that along. We think defense
counsel should get classified clearance.
Judge Garnett: I'll get it for my staff too. Tell me
about discovery?
AUSA: Moderate amount
AUSA Finkel: We have
search warrant returns from Polymarket, banks, crypto
firms, the defendant's email. Should take a few week.
Judge Garnett: All discovery by May 15, and a letter to
the Court, including on CIPA. We're like the dentist
here, need a next date
Van Dyke's Intrater:
Sometimes I feel like a dentist too, Your Honor. This is
anything but a usual case. Let us come back to your
Honor a few weeks after the May 15 letter.
Judge Garnett: Conference Monday June 8, at 1 pm so Mr.
Van Dyke can travel.
VD: Thanks
Judge Garnett: In the
event there is a pre-trial resolution, contact my
deputy. Mr. Van Dyke, I am not pre-judging anything.
Intrater: He will turn in his passport Friday.
Judge: Why not today? Does he have it.
Yes.
Judge: So, today, turn it over
Judge Garnett:
Exclude Speedy Trial Act until June 8?
AUSA: Yes.
Intrater: No objection.
Judge: I exclude time. Anything further?
No. No.
More on Substack here
This case is USA v. Van Dkye, 1:26-cr-156
(Garnett)
