In
Insider Trading Trial of
Telemaque Lavidas US Wants To
Ban Talk of How It
Investigated
By Matthew
Russell Lee,
Patreon, Thread
Video
Honduras
- The
Source - The
Root - etc
SDNY COURTHOUSE,
Jan 7 –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,
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
cover this case.
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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