McKinsey's
Dikshit Got 24 Months After Insider Trader
Plea, US Opposes Bid to Withdraw Plea
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Oct 19 –
November 10, 2021 saw "the
unsealing of a criminal
complaint charging PUNEET
DIKSHIT, a partner in a global
management consulting firm
(the “Consulting Firm”), with
securities fraud in connection
with a scheme to commit
insider trading based on
material, nonpublic
information regarding the
upcoming public announcement
that an investment bank (the
“Investment Bank”) – which
DIKSHIT and the Consulting
Firm were advising – would be
acquiring GreenSky, Inc.
(“GreenSky”).
On April 6,
2022, Dikshit who was seeking
no jail time, just
deportation, was sentenced to
24 months. Inner City Press
live tweeted it here:
Dikshit is being
sentenced right now in 24A
AUSA: Other
McKinsey partners have been
convicted of insider trading
in this courthouse.
Judge Colleen
McMahon: They do seem to have
a problem over there.
Defense: He's
paid $455,000. He empowered
his wife. He changes diapers.
He fed the homeless in Mumbai.
Defense: Mr
Dikshit worked for Citibank.
His wife's H1B visa is
contingent on his status. So
he won't consent to removal.
Judge:
Wasn't wife's account used?
Judge
McMahon: It's brazen. He
wasn't a 1st year associate.
Dikshit: I'm sorry. This crime
is not who I am. Judge: What
*were* you thinking??
Judge
McMahon: Everybody out there
thinks people on Wall Street
cheat. And you did. I want the
word to go out: insider
traders must be jailed.
Judge
McMahon: I sentence you to 24
months.
On April 18,
Kramer Levin for Dikshit asked
for permission to him to move
to Atlanta, Georgia from April
30 until his scheduled
surrender on July 11, saying
his lease expires on April 30.
Also, he has beeen going to
Windsor, NJ to pray at BAPS
Shri Swaminarayan Mandir.
On April 19 Judge
McMahon endorsed the move to
Georgia -- "OK with me" -- and
switched the requested
designation to Danbury-low.
On May 3 Dikshit,
now without a lawyer, from his
30th floor apartment on East
56th Street asked for a
sentence reduction, citing
Blakstad, a case Inner City
Press has also covered.
Judge McMahon
denied the request: "MEMO
ENDORSEMENT as to Puneet
Dikshit (1) striking [30]
Motion re: [30] DEFENDANT'S
MOTION TO ALTER OR AMEND
JUDGMENT. ENDORSEMENT: (1)
Defendant's pro se motion
filed pursuant to Rule 59(e)
of the FRCP is hereby
stricken. Rule 59(e) is Not an
allowable vehicle for
challenging a Criminal
Judgment. (2) Even if Rule 59
were a proper vehicle, the
motion would be denied. The
Court absolutely considered
defendant's immigration status
in fashioning defendant's
sentence. (3) Defendant has
filed an appeal which divests
this Court of jurisdiction
over defendant's case. (Signed
by Judge Colleen McMahon on
5/4/2022)."
In August 2022,
Dikshit filed another motion,
this seeking to withdraw his
guilty plea due to ineffective
assistance of counsel stemming
from the defense counsel
failing to inform defendant
about the mandatory
deportation he faced upon
pleading guilty.
But in the
December 15, 2021 plea
allocution, Judge McMahon
asked, "Do you understanding
that adjudication of guilt as
a felon may have an adverce
impact on your immigration
status?
DIKSHIT: Yes. I
understand that.
So...
On August 18,
Judge McMahon granted a final
extension of surrender to
prison: "MEMO ENDORSEMENT [34]
MOTION DEFENDANTS MOTION TO
EXTEND SURRENDER DATE as to
Puneet
Dikshit....ENDORSEMENT...Because
the Government consents, the
court will allow this one last
postponement,of Mr. Dikshit's
surrender date. The new
surrender date is October 17,
2022. The date will not be
postponed &gain for any
reason. The current travel
restrictions are extended
through the new surrender date
(Signed by Judge Colleen
McMahon on 8/18/22)."
On October 3,
Dikshit again argued to
withdraw his plea:
"DEFENDANT'S RESPONSE TO
DECLARATIONS FILED BY HIS
PREVIOUS COUNSEL by Puneet
Dikshit. Defendant, Puneet
Dikshit, pro se, respectfully
submits his response to the
declaration filed by his
ex-counsel. Given the
declarations filed by Steven
S. Sparling and Matthew
Martinez, the defendant
reiterates his request for the
court permit the defendant to
withdraw or otherwise set
aside and vacate the plea
entered on December 15th,
2021, and the resulting
judgment entered in this case
on April 6th, 2022."
On October 19,
the US Attorney's Office filed
opposition, including that
"given the overwhelming nature
of the evidence against him,
it was both rational and
advisable for Dikshit to
conclude that he could
minimize the length of any
prison sentence by accepting
responsibility immediately,
waiving indictment, and
pleading guilty."
Watch this site.
Back in November
2021 it was said, "The
defendant was arrested earlier
today and will be presented
this afternoon before U.S.
Magistrate Judge Kevin N.
Fox."
Now
retired Judge Fox, when the
time came, approved Dikshit's
release on $1 million bond
secured by $50,000 cash or
property, signature of his
wife required, other
conditions to be met by
November 19, 2021.
While the above
airbrushed out McKinsey and
Goldman Sachs, they are
"Consulting Firm" and
"Investment Bank"
respectively.
On December 15,
2021 Dikshit pleaded guilty:
"PUNEET DIKSHIT, a former
partner in a global management
consulting firm (the
“Consulting Firm”), pled
guilty to one count of
securities fraud in connection
with his scheme to commit
insider trading based on
material, nonpublic
information regarding the
upcoming public announcement
that an investment bank (the
“Investment Bank”) – which
DIKSHIT and the Consulting
Firm were advising – would be
acquiring GreenSky, Inc.
(“GreenSky”). The
defendant pled guilty before
U.S. District Judge Colleen
McMahon."
The plea
agreement provides for a
guideline sentence of 30 to 37
months (plea agreement on
Patreon here).
He is scheduled to be
sentenced on March 30, 2022.
But on
that day, when Inner City
Press went, the sentencing was
postponed - to April 6, it was
said. Into the docket on April
4 went a letter from the
prosecutors, that they
"understood that the defendant
would consent to a motion for
a judicial order of removal"
to India... "Today, the
defendant advised the
Government that he would not
consent to such a motion."
The case is US v.
Dikshit, 21-cr-760 (McMahon)
***
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