In
SDNY Long After Lavidas Guilty
of Insider Trading Demane
Debih Gets Time Served 5K1.1
By Matthew
Russell Lee, Exclusive
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Honduras
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Source - The
Root - etc
SDNY COURTHOUSE,
Dec 13 – Bryan Cohen, a
Goldman Sachs banker charged
with insider trading with the
same cooperating witness as
Telemaque Lavidas now on
trial, on January 7 pled
guilty to conspiracy to commit
securities fraud, based on
information from cooperator
Marc Demane Debih. Inner City
Press had it first.
And on
December 10, 2021, Judge
Denise L. Cote gave Demane
Debih a time served sentence,
taking into account 15 months
he spent incarcerated in
Serbia and then New York - and
the US Attorney's Office's
5K1.1 motion and letter. We
aim to have more on this.
On January
15, 2020 the jury found
Lavidas guilty of insider
trading, specifically of
tipping George Nikas with
insider information from Ariad
Pharmaceuticals. Inner City
Press said it would continue
to cover the case - and it
has.
On March
8, 2021, Lavidas asked for
permission to travel to Greece
about "proposed new factory
construction in Greece." He
added he is putting aside
$93,000 in case Marc Demane
Debih doesn't pay his portion
of the restitution.
On March 9,
permission was granted. And
now on April 20, this: "ORDER
as to Telemaque Lavidas. The
attorney for defendant
Telemaque Lavidas having shown
good cause in a letter dated
April 20, 2021 that defendant
be permitted to serve the
remainder of his supervised
release term in Greece, and
there being no objection from
the Government or Probation,
it is hereby ORDERED that the
request is granted. Defendant
shall be subject to the same
conditions of supervised
release and shall comply with
any and all requests by his
probation officer. IT IS
FURTHER ORDERED that
defendant's letter dated April
20, 2021 shall be filed under
seal. SO ORDERED. (Signed by
Judge Denise L. Cote on
4/20/21)."
As noted, Inner
City Press will stay on the
case.
Previously:
"Audrey Strauss, Attorney for
the United States acting under
authority conferred by 28
U.S.C. § 515, announced today
that TELEMAQUE LAVIDAS was
convicted after a one-week
trial of illegally tipping his
best friend and co-defendant
Georgios Nikas with inside
information he obtained from
his father, a member of the
board of directors of a
pharmaceutical company. Deputy
U.S. Attorney Audrey Strauss
said: “As the jury
concluded, Telemaque Lavidas
was a key player in a
long-running international
insider trading scheme.
Three times he received
insider information from his
father about Ariad
Pharmaceuticals and passed it
on to his friend Georgios
Nikas, a criminal pipeline
that earned its participants
more than $15 million in
illicit profits. Lavidas
now awaits sentencing for his
crimes.” Watch this site.
Back on
January 13 the Lavidas trial
closing arguments came to a
close, with the jury to return
on January 14 to be charged on
the law by Judge Denise L.
Cote. After the jury left, the
defense objected to the
government providing the jury
with only a redacted
indictment, saying that CC-4
is Demane. Judge Cote quickly
overruled the objection. After
"all rise," Lavidas hugged his
lawyer, and blew kisses at
supporters in the gallery,
where Inner City Press was.
Now on
January 14 Lavidas' lawyer
Jonathan Streeter of Dechart
has writtent to Judge Cote:
"In the redacted Indictment
that the Government sent to
Your Honor last night, it
included a version that
contained materials marked
with a red box that the
Government stated had been
redacted from the Indictment
it proposes to send back to
the jury. Your Honor had
requested such a version so
that you could see in one
place what had been redacted
from the Indictment, and what
had not. In those portions
marked with a red box, the
government failed to include
pages 4, 5 and 6 of the
Superseding Indictment, as
well as pages 13-14, and pages
22-34. The full Superseding
Indictment, including those
pages, is attached hereto.
Those pages missing from the
Government’s “red box” version
should be inserted into Your
Honor’s “red box” version so
that you can see everything
that has been redacted in one
place. In particular, it is
important to point out the
following: pages 13-14 of the
Superseding Indictment filed
against Mr. Lavidas, which the
government did not included in
the “red box” version that it
sent to Your Honor last night,
states as follows:
Specifically, CC-1 [Benjamin
Taylor, to whom the evidence
showed Darina Windsor
repeatedly forwarded
confidential information of
Centerview at Taylor’s Moelis
email address] and CC-2 [who
is Darina Windsor] stole MNPI
from Investment Bank A
[Moelis] and Investment Bank B
[Centerview], respectively, by
accessing computer systems at
those investment banks. CC-1
and CC-2 then shared the MNPI
with CC-3 [John Dodelande], in
exchange for over $1 million
of benefits, including cash,
trips and luxury watches….
After CC-3 [Dodelnade]
obtained the MNPI from CC-1
[Taylor] and CC-2 [Windsor],
CC-3 [Dodelande] passed MNPI
to CC-4 [Demane] in exchange
for millions of dollars of
payments… CC-4 [Demane]
provided NIKAS with the MNPI
that CC-1 [Taylor] and CC-2
[Windsor] had stolen from
Investment Bank A [Moelis] and
Investment Bank B
[Centerview], and NIKAS placed
timely, profitable trades in
securities based on that MNPI.
In
addition, on pages 4, 15, 25,
33 and 34, the Superseding
Indictment alleges that Nikas
traded illegally in the
securities of Onyx based on
information obtained from CC-2
[Windsor] and others. In both
of its summations the
Government argued that there
was no evidence Darina Windsor
was providing MNPI to Demane’s
and Nikas’s network. In fact,
the Department of Justice has
alleged, in the very
Indictment in which Mr.
Lavidas is charged, that
Windsor provided MNPI to Nikas
and Demane. Moreover, it has
so alleged in a separate
Indictment of Windsor. The
defendant requests that the
full Superseding Indictment,
with no redactions, be
submitted to the jury." We'll
have more on this.
On January
8, Demane testified and was
cross examined, including on
his plea agreement to get out
from under a possible 750 year
sentence. He admitted to
burner phones and to working
with jouranlists to pump up
stocks, specifically naming
Bloomberg and a reporter in
Canada (on information and
belief, at the Toronto Star).
The US Attorney's office wrote
to the Serbian embassy for
him, it emerged Here's more of
how it went, from Inner City
Press' live-tweet thread:
Lavidas' lawyer:
You only met Mr. Lavidas once,
in 2011, correct? Demane:
Correct. Q: And you never
spoke with him about insider
trading? Demane: No. Q: No you
did not speak, or no, you
spoke? Demane: I did not
speak.
Q: You
spoke about the sale of
generic drugs to the Nigerian
government, I mean the
Algerian government, do you
not? Demane: I did. Q: And
this highlighted portion asks,
Let me know if you have any
interest? Demane: It does.
Q: You
wrote in March, "Do you have
any interest, Telemaque?" and
he wrote back "We don't have
any interest, it's too late,"
correct? Demane: Correct. Q:
You were extradited from
Syria, I mean Serbia, on May
9, 2019, correct? Demane:
Correct.
Q: On the
flight, you told the agents
that the number of people
involved in insider trading
was huge, including reporters
& traders, correct?
Demane: Yes. Q: And you have
met with prosecutors and FBI
agents at least 19 times to
get a more lenient sentence?
A: Yes.
Q: You said you
made $70 million, correct?
Demane: Yes
Q: So the
US Attorney's Office wrote a
letter to the Serbian embassy
on December 30, 2019, is that
correct? Demane: Yes sir. Q:
The indictment against you has
38 counts and you pled guilty
to all of them? Demane: Yes
sir.
Q: Let me
ask you about the journalists
to whom you leaked
information, after you'd taken
a position in it - and you
would make money, correct?
Demane: Yes.
Q: There were
journalists in Bloomberg you
leaked information to,
correct? Demane: Correct.
Q: So you would pay your
sources in cash, correct?
Demane: Yes sir. Q: You would
have them generate a false
invoice? Demane: Yes.
Demase: I was a
Lebanese resident and they
were Israeli, and there is no
contact-- Q: So it had 2
purposes, to permit money
transfer between Israel &
Lebanon. Demase: Correct. Q:
You hired Tarek to pick up
money for you? Demase: It was
Court Consulting that did it
Q: I'm going to
ask you some questions about
your use of burner phones. You
always asked your sources to
use them? Demase: Yes.
Q: And with George Nikas?
Demase: We used Viber.
Q: So when
you met sources, you turned
off your cell phone so you
couldn't be tracked by cell
site information? Demase: Not
all the time, but yes. Q: You
had a safe in your house with
cash? Demase: Yes I was
keeping some cash in the
house.
Redirect --
AUSA: Was the information you
got about Ariad, was it
unique? Demane: It was a
different kind of source.
AUSA: You were asked about
your cooperation agreement...
Does the outcome of this trial
impact your agreement? Demane:
No it doesn't.
Q: You agreed to
forfeit $48 million.. who
decided? Demane: The judge.
AUSA: Are you afraid for your
children? Demane: Yes. Because
I'm testifying. AUSA: How much
jail time do you face? Demane:
750 years [!]
And with
that, Demane is led back into
the cell block. The government
offers into evidence exhibits
mentioned during his
testimony.
But will US
Attorney's office make
exhibits publicly available,
through Press? Or withhold
as on #OneCoin? FOIA has
been filed... And
Lavidas and
Demane exhibits requested,
including letter to Serbian
Embassy...
As to
Bryan Cohen, the US Attorney's
Office did not publicize the
proceeding or its 30 to 37
month plea deal, but Inner
City Press was in the U.S.
District Court for the
Southern District of New York
Magistrates Court as the only
media, and spoke afterward
with Cohen's defense lawyer
Benjamin Brafman. More on
Patreon here.
Brafman
told Inner City Press the
connection to the Lavidas
trial is the same cooperating
witness. More formally, he
said that "To his credit, Mr.
Cohen has accepted
responsibility for his conduct
and will thereby avoid a
trial. We are hopeful that at
sentencing we will be able to
pursuade Judge Pauley that
despite his criminal conduct
Mr. Cohen is a fundamentally
decent young man who should be
sentenced in a relatively
lenient fashion."
In the
proceeding, Magistrate Judge
Debra Freeman accepted a
consent order of forfeiture
for $260,000. The sentencing
will be before Judge William
H. Pauley III on April 3 at
noon. The case is US v. Cohen,
19-cr-741 (Pauley).
On January
6, the trial of Telemaque
Lavidas began before Judge
Denise Cote. Assistant US
Attorney Daniel Tracer in a
short opening statement
described it as an open and
cut case, which will include
cooperating witness Marc
Demane.
Lavidas'
lawyer John Streeter told that
jury Demane is simply trying
to reduce his sentence and has
no first hand information.
Here's some of how it went,
live-tweeted here.
Hours after
the opening statements, the US
Attorney office asked Judge
Cote to ban discussion of how
it conducted its
investigation: "Based on the
contents of defense counsel’s
opening statement, the
Government respectfully
requests a ruling in limine
precluding the defense from
introducing evidence about
investigative techniques that
the Government employed during
the course of the
investigation. As set forth
below, such evidence
improperly suggests that the
jury shift its attention from
the charges against the
defendant to the conduct of
the investigation, and is
irrelevant and misleading. 1.
Background In opening
statements, defense counsel on
two separate occasions engaged
in a recitation of the
Government’s investigation and
the various investigative
steps that have been taken
with respect both to this
defendant and other
individuals. For example,
defense counsel said: The
third thing is that you are
going to learn that the
government gathered millions
and millions of e-mails and
text messages and electronic
devices, phones and computers
and all kinds of evidence from
this huge network of people
who were engaging in insider
trading – from Demane, from
Nikas, from their whole
network. And you are also
going to learn that they
gathered e-mails, and phones,
and computers and all kinds of
other evidence from Mr.
Lavidas. (Tr. 32). Later in
his opening, defense counsel
returned to the same topic:
The third thing that I
mentioned is that the
government has been
investigating this case for
years. They have collected
millions of e-mails and text
messages. And they have
collected Mr. Lavidas’s
phones, his iPad, his
computer, his documents. They
have collected a long list of
phones, computers, disc drives
from Mr. Nikas. They collected
a long list of those same
things from Mr. Demane. And
they collected those same
things secretly, for years,
from Google and other
companies where their e-mail
accounts were.... The
Government respectfully
requests that the Court
preclude the defendant from
introducing evidence about
investigative techniques that
the Government employed during
the course of the
investigation."
The US
Attorney doesn't want the jury
to hear about this. And the
public? Inner City Press will
continue to cover this case.
***
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