SDNY COURTHOUSE, Oct 7 – 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" -
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
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 September 11 Judge Garnett moved the September 28 argument on the defense motions to dismiss to October 7 at 11:30 am.
On the night of October 6, the US Attorney's Office wrote in about a Northern District of Illinois decision on swaps, in three consolidated cases brought by Coinbase, Kalshi, and the United States and the CFTC, letter on Patreon here.
On October 7, for three hours, Inner City Press live tweeted, here. A come back by Judge Garnett:
Defense's Manzi: This is the first prosecution of its kind. So there was no fair notice. Judge Garnett: Someone has to be the first.
More on X for Subscribers here and Substack here
This case is USA v. Van Dyke, 1:26-cr-156
(Garnett)
