Insider
Trading Trial of Telemaque
Lavidas Starts With Preview of
Cooperator Demane
By Matthew
Russell Lee,
Patreon, Thread
Video
Honduras
- The
Source - The
Root - etc
SDNY COURTHOUSE,
Jan 6 –From Buffalo Wild Wings
to a London insiders traders
love next, an arrest on Friday
October 18 led to an unsealed
indictment on October 21 in
the U.S. District Court for
the Southern District of New
York. No honor, nor borders,
among thieves. On
October 22 the US Attorney's
Office announced more, below.
But the
cases are split between SDNY
judges. 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, as
live-tweeted here:
AUSA Tracer: The
defendant's father was on the
board of directors of a
pharmaceuticals company,
Ariad. He was trained on rules
but breached them, sharing
info with his son who fueled a
major insider trading scheme
with Nikas... right here in
NYC
AUSA: By
building his friendship with
Nikas, the defendant wanted to
build connections here in NY,
who invested in his business.
You'll hear that in October
2013 Ariad announced some bad
news. Its stock plummeted. But
Nikas sold in advance; he bet
against it
AUSA: How did
Nikas do it? He had tomorrow's
news today. You'll hear from
Marc Demane how he got illegal
information from Nikas and the
defendant, sometimes the
defendant's father was even
there. Demane was arrested and
pled guilty. He agreed to
cooperate
Lavidas' lawyer
Streeter: AUSA Tracer, he's
wrong. We will show you that
Demane and Nikas has other,
better sources about Ariad,
not from my client. The
government gathered millions
of emails and text messages,
you'll see them but not one
will show Lavidas was giving
info
Lavidas' lawyer:
Demane has no evidence against
my client except a 2nd hand
conversation before the gov't
alleges my client was involved
in any scheme. All they have
is the timing of phone calls
and the timing of trades.
Demane is trying to work off
his sentence
Now Lavidas'
lawyer John Streeter turns to
Darina Windsor, formerly of
Centerview Partners; he adds
that Lavidas never traded
stock himself. His opening
statement is substantially
longer than AUSA Tracer's. And
Judge Cote at 4:57 told Mr
Streeter to end in three
minutes.
Before an
unsuccessful October 23 bail
argument, ReedSmith argued to
Judge Denise Cote: "Re: United
States v. Nikas, et al.; 19
CRIM 716 Dear Judge Cote: In
anticipation of the bail
hearing scheduled for today at
12:45 pm, we write to bring
additional information to the
Court’s attention. Several
hours after the defendant
filed his renewed application
for bail with this Court
yesterday afternoon, Judge
Pauley denied the government’s
application to detain Bryan
Cohen, an unidentified
coconspirator in the case
against Mr. Lavidas, who was
charged in a separate
indictment (19 CRIM 741)
alleging his participation in
the insider trading conspiracy
involving Mr. Nikas and Mr.
Lavidas."
On Black
Friday November 29 Lavidas'
lawyers at Dechert and
ReedSmith filed motions for
disclosure of Grand Jury and
Brady material complete with
heavily redacted exhibits and
references to a disk with
password USAOsdny2019! - this
while the US Attorney's office
still withholds from the Press
and public as of Christmas Eve
the exhibits it used in the
OneCoin / US v. Mark Scott
trial and was completed last
month.
On
Christmas Eve the government
opposed Lavidas' subpoena to
the MCC for records concerning
transportation of an unnamed
cooperator to meetings with
the US Attorney. The
cooperator has been in the MCC
since being extradited to the
US in May 2019. The US'
argument spans the East River
to the MDC in Brooklyn: "in
comparable circumstances,
courts have quashed similar
Rule 17(c) subpoenas directed
to the MCC and the
Metropolitan Detention Center
in Brooklyn. See, e.g., Case
1:19-cr-00716-DLC Document 73
Filed 12/24/19 Page 6 of 8 6
Jones, 17 Cr. 791 (LAK);
Percoco, 16 Cr. 776 (VEC); see
also United States v.
DiPietro, No. S502 Cr. 1237
(SWK), 2005 WL 1279222, *1
(S.D.N.Y. May 26, 2005)
(quashing a subpoena seeking
from the MDC and MCC all
telephone calls and visitor
records of certain
incarcerated witnesses,
holding that such material
“go[es] far beyond the bounds
of permissible discovery in a
criminal case.')"
On December
26 Lavidas' lawyers defended
their MCC subpoenas, and put
into the record before Judge
Cote a copy of a December 11
letter to Lavidas informing
him a US Attorney subpoena
about him served on Columbia
University. The University's
paralegal Elizabeth Conley,
cc-ing Columbia's Associate
General Counsel Jessica
Fenton, told Lavidas that
"Columbia University intends
to comply with the subpoena."
On October
18 Bryan Cohen of Goldman
Sachs was arrested for insider
trading including on Buffalo
Wild Wings. Then on October 21
an indictment was unsealed,
against Darina Windsor and
Benjamin Taylor of Moelis
& Co..
It says that Windsor and
Taylor "were involved in a
romantic relationship with
each other and resided
together in an apartment
located in London."
Windsor sent an email to
Taylor headed, "Once upon a
time, there was a Pops search
for Truffles in the Forest."
Attached to the email was
confidential information
related to Onyx...
Now a day after Inner City
Press reported the above, the
US Attorney for the SDNY has
put out a press release,
including: "the unsealing of
four indictments and the
arrests of three members of a
wide-ranging international
insider trading ring.
BRYAN COHEN, an investment
banker based in New York, and
TELEMAQUE LAVIDAS, the son of
a member of the board of
directors of Ariad
Pharmaceuticals, Inc.
(“Ariad”), which, until 2017,
was a Boston-based publicly
traded company, were both
arrested on Friday in
Manhattan. JOSEPH
EL-KHOURI, a securities
trader, was arrested yesterday
in the United Kingdom, and the
United States Government will
be seeking his extradition to
the United States.
BENJAMIN TAYLOR and DARINA
WINDSOR, former investment
bankers who worked in London,
as well as GEORGIOS NIKAS, a
securities trader who also
owns various business
interests in Europe and the
United States, including a
chain of Greek restaurants in
New York, remain at large." We
will be in the Magistrates
Court. Watch this site.
***
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