| Pildes Indicted for
SantaCon Con Proposes Deferred
Prosecution Now Tax Return
Production
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Sept 25 – The head of
New York's SantaCon, Stefan
Pildes, has been indict for
fraud. On April 28 he was
before U.S. District Court for
the Southern District of New
York Senior Judge Colleen
McMahon. Inner City Press was
there:
Defense: Your
Honor is obviously aware of
the event
Judge McMahon:
Hard not to, being in New
York. I stay home to avoid it.
Defense: Some
like it. We can come back once
we get discovery-
Judge McMahon: In
September.
Defense: His wife
and mother have signed the
bond. But he is supposed to
pledge his home in Passaic,
New Jersey to secure the bond.
We need a week.
Judge McMahon:
Take it.
Assistant US
Attorney: We are discussing a
protective order.
Judge:
What's to protect? Whose
secrets are we protecting
here?
AUSA: The
victims'.
Judge: OK.
September 15, 2 pm. See you
then.
And Inner City Press was there on Sept
15 and live tweeted, here:
All rise! Judge: What is the status?
AUSA: 40,000 page of discovery, and now tax
records - we need court approval. Judge: I'm
happy to sign. AUSA: We have discussed a
potential resolution. The defense has
submitted a deferred prosecution agreement
Judge: A DPA??
AUSA: I don't want to get ahead of
ourselves. But if no DPA, we may supersede
with tax charges. Oct 30 for defendant's
motion. Judge: On what basis? Pildes' lawyer
Biale: We explained in detail why this is not
a Federal crime
Pildes' lawyer: This activity was covered by
the First Amendment. And they have not given
up Brady material. If we are unable to
resolve, we will file. AUSA: Much of that was
false. Our final Rule 16 production will be
Friday. Judge: 3 terrabyes for this case?
Judge: If you cut the salami too thin... I've
already thrown out one conviction on Brady
grounds and I won't hesitate doing it again.
AUSA: We are doing ongoing responsive review
Judge: That's gobbly-gook. You've had six
months AUSA: I appreciate that
AUSA: We get a subpoena return from
Google and go over it. The review is ongoing.
Judge: You know they can't possibly review the
full three terabytes. AUSA: They have
plenty of resources. Judge: By next Friday,
you'll have dumped it on them
Pildes' lawyer: They say they have been
investigating this for years. Why are they not
finished producing discovery? AUSA: We go
through a painstaking process, inducting
information with external third parties. Then
a privilege review. What he's saying is unfair
Judge: Provide
weekly updates. AUSA: If the court wants.
Judge: The Court wants. The motion schedule is
fine. I exclude time under the Speedy Trial
Act. Please conclude your discussions asap.
Adjourned
On September 23 the US Attorney's Office wrote
in that '[t]he Tax Documents consist of tax
returns and return information, where
available, for the defendant, his spouse, and
various entities. The Tax Documents may also
indicate any years for which there were no
relevant tax filings. The Government believes
that the Tax Documents would be used at any
future trial to demonstrate the defendant’s
involvement in the charged offense, including
that the defendant made knowing misstatements
about the use of the SantaCon proceeds.
Accordingly, the Government seeks an order
authorizing it to produce the Tax Documents in
discovery.
And on September 25: "IT IS HEREBY ORDERED
that, giving due consideration to
congressional policy favoring the
confidentiality of returns and return
information as set forth in Title 26, United
States Code, the Tax Documents are required to
be produced pursuant to Rule 16 of the Federal
Rules of Criminal Procedure. SO ORDERED:
(Signed by Judge Colleen McMahon on
9/25/2026)."
The case is USA
v. Pildes, 1:26-cr-142
(McMahon)
***
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