SDNY COURTHOUSE, Aug 24 – 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
On August 19 the US Attorney's Office filed a 40 page opposition to Geragos' motion, including that the rule of lenity does not require dismissal - 40 page filing on Patreon here
On August 21 the Commodity and Futures Trading Commission wrote in proposing an amicus brief that the events contracts were swaps and Van Dyke was on notice they were illegal, letter on Patreon here
On August 24 Judge Garnett allowed the CFTC amicus brief into evidence, but said she is mindful of Van Dyke's arguments and will give his lawyers a change to respond: "ORDER as to Gannon Ken Van Dyke. Before the Court is a request for leave to file a brief as amicus curiae, brought by the Commodity Futures Trading Commission ("CFTC"). Dkt. No. 28. The request is opposed by Defendant who contends that the proposed amicus brief is a "classic case of improper bolstering by an interested party." See Dkt. No. 29 at 2. The Court disagrees, and the CFTC's request for leave to file its amicus brief is hereby GRANTED. Nevertheless, the Court is mindful of the points raised in Defendant's letter and will accord the amicus brief its appropriate weight. While no response is required, the Government and Defendant may, if they wish, submit a supplemental filing responding to any arguments made in the CFTC's amicus brief that have not already been addressed by the parties in their briefing on the Defendant's Motion to Dismiss. Any supplemental filing must not exceed ten (10) pages and shall be filed by no later than September 9, 2026. The CFTC's request for leave to file its brief as amicus curiae in support of the Government's opposition to Defendant's Motion to Dismiss is GRANTED. The proposed brief appended to the CFTC's letter at Dkt. No. 28-1 shall be made part of the record in this case (Signed by Judge Margaret M. Garnett on 8/24/2026)."
This case is USA v. Van Dyke, 1:26-cr-156
(Garnett)
