After
Insider Trader Lavidas Gets
Year and Day Unredacted Memo
Shows Deal of Dodelande
Brothers
By Matthew
Russell Lee, Exclusive
Patreon
Honduras
- The
Source - The
Root - etc
SDNY COURTHOUSE,
July 6 – Bryan Cohen, a
Goldman Sachs banker charged
with insider trading on
January 7 pleaded guilty to
conspiracy to commit
securities fraud. Inner City
Press covered it, here.
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, and
spoke afterward with Cohen's
defense lawyer Benjamin
Brafman. More on Patreon here.
On July 2,
SDNY Judge Denise L. Cote
sentenced another defendant in
the scheme, Telemaque Lavidas.
Inner City Press live tweeted
it, here.
Lavidas got a year and a day.
Earlier in
the proceedings, Inner City
Press and others reported on
John Dodelande as CC-3, here.
Now a copy of Lavidas' June 8
sentencing memorandum,
obtained by Inner City Press,
shows the deal that Dodelande
got. Photos here.
"[T]he
government
entered into a
non
prosecution
agreement with
John
Dodelande,
pursuant to
which he will
not be
prosecuted, he
will serve no
jail time, he
will not
forfeit any of
the $12
million, and
he will not
even have a
felony on his
record. (Ex.
S)."
While page
52 of the Lavidas sentencing
memo is redacted, the
unredacted version says that
"If prosecuted, Dodelande’s
Sentencing Guidelines range
would be over 100 months and
he would be required to
forfeit the $12 million in
cash he received for tips.
Instead, the government
entered into a non-prosecution
agreement with John Dodelande,
pursuant to which he will not
be prosecuted, he will serve
no jail time, he will not
forfeit any of the $12
million, and he will not even
have a felony on his record.
(Ex. S). In addition, the
government entered into a
non-prosecution agreement with
John Dodelande’s brother,
Kevin Dodelande. (Ex. T).
Kevin also served as a
middleman who passed
inside information from inside
sources to traders as part of
Demane’s larger scheme. (Ex.
U). He too was paid millions
of dollars by Demane and
others for inside information.
Id. And, like his brother
John, the government entered
into an agreement with him
pursuant to which he will not
be prosecuted, will not serve
any jail time, will not
forfeit any of the millions in
cash he was paid for inside
information, and will not even
have a felony on his record.
(Ex. T). The fact that the
government has extended such
leniency to Demane, John
Dodelande, and Kevin
Dodelande, all three of whom
are unquestionably much,
much more culpable than
Telemaque." Only the
portion in italics was NOT
redacted in the memo. Inner
City Press has also obtained
Exhibits S and T, among other
documents.
Exhibit S is a
February 14, 2018 letter to
John Dodelande's lawyer A.
John Pappalardo. Exhibit T is
a similar letter re Kevin
Dodelande, with the same
lawyer, both signed on
February 23, 2018.
The case is US v.
Lavidas, 19-cr-716 (Cote).
Back on
January 6, the trial of
Lavidas began before Judge
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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