SDNY COURTHOUSE, July 31 – 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.
On July 31 Teny Geragos filed a 51 page
motion to dismiss, beginning: "The government indicted
Gannon Van Dyke using two theories: one, novel, never
before prosecuted, and unsupported by the law; the other,
already rejected – squarely – by the Second Circuit.
Criminal courts are not laboratories where prosecutors can
test new ideas and hypotheses about whether conduct is
criminal. Principles of due process forbid that. We
request, respectfully, that the Court end the government’s
experiment now and dismiss this case" - full 51 page
filing 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 here
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
On May 15 the US Attorney's Office wrote in that it intends to file a CIPA Section 4 motion about discovery "when such a motion is due." That will require a declaration by the (still Acting?) Attorney General; the AUSA notes that it is permitted "in certain circumstances, to withhold the identity of its informants."
More on Substack here
On June 8 Inner City Press live tweeted the status conference at which a December 7 trial date was set. Defense lawyer Mark Geragos argued that CIPA does not apply, and stressed that the military is revoking Van Dyke's clearance. Judge Garnett did not appear to take that argument seriously, alluding to a similar case in SDNY which Inner City Press took to be US v. Josh Schulte. Next conference was set for September 28.
More on X for Subscriber here and Substack here
This case is USA v. Van Dyke, 1:26-cr-156
(Garnett)
