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Two Insider Traders on Trump Media SPAC Pled now Garelick Trial Counsel Crosses Tippee

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, May 1 – As the third of four insider trading prosecutions announced on June 29, 2023 by the US Attorney for the Southern District of New York, Michael Shvartsman, Gerald Shvartsman, and Bruce Garelick were charged with making more than $22 million dollars in illegal profits by trading in securities of Digital World Acquisition Corporation based on MNPI about DWAC’s planned but not yet public business combination with a media company founded by former President Donald J. Trump.  

On July 5, the case was assigned - wheeled out - to Judge Lewis J. Liman.

Inner City Press was there on July 20 and live tweeted, thread

On December 29 as part of omnibus pre-trial motions Shvartsman filed copies of DHS reports of investigation, including audio recordings of Shvartsman saying he would open an LLC in Belize which would buy assets... and ultimately provided funding for the 'Truth Social' media platform. It also names the agents who brought the arrested defendants to the Wilke D. Ferguson Jr. Federal Courthouse and the Marshals...

Late on March 15 Shvartsman through counsel wrote to Judge Liman alleging that the US used a Lawyer Informant to record him. Counsel identified the Zoom account used: John [at] lighthousetrust [dot] ch.  A Google search of that shows a Lighthouse Trust General Counsel named John Ivsan at Linhart Seuss Ivsan LLP

More on X for Subscribers here & Substack here

On April 29, jury selection began but did not end, by 6 pm. Of 34 prospective jurors in the courtroom at 5 pm, each was summoned into the robing room for questioning, seemingly with the defendant present. Three were excused at 6 pm and the rest told to return, but not to read anything about the case.

Then this request to start anew: "during today’s voir dire one prospective juror openly reported in front of the venire that she learned from the news that “[t]here are two people pleading guilty” in connection with this case. Upon the Court’s request to speak up, the juror again stated—adding detail—that “[t]here are two people pleading guilty and [Mr. Garelick] is the third person.” Voir dire continued over Mr. Garelick’s objection." Letter on Patreon here.

On April 30, after Judge Liman dismissed some but not all of the venire, the trial began. At day's end one of Garelick's lawyers, pushed for a proffer of the defense says, named three other possible tippees.

From May 1, Inner City Press thread:

Witness is Hartley Wasko of The Eleven Fund in Denver. Assistant US Attorney: Have you heard of Rocket One? Wasko: Yes, it's Michael Shvartsman's vehicle. AUSA: Did you invest alongside Rocket? Wasko: Yes, 5 or 10 times. I spoke with Michael every week AUSA: Who is in the photograph?

Wasko: It's Bruce Garelick. AUSA: "Ger-el-ick." Please identify him.  Wasko: There he is. AUSA: He worked with Michael Shvartsman? Wasko: Yes. He was the chief investment officer. I though he was extremely sharp, well versed

AUSA: And who's this? Wasko: It's Gerald Shvartsman. He's in the furniture business. AUSA: What opportunity did Michael bring to you? Wasko: His SPAC called DWAC, Digital World.  Patrick Orlando gave a pitch, late June 2021. The target was the Trump social media

 AUSA: The Trump social media platform, what's it called? Wasko: Truth Social. Patrick Orlando was very convicted [apparently means convinced] the Trump platform was the way forward. We signed NDAs. AUSA: Publish GX 212.  [Emails gone over - thread will continue

 AUSA: What was this email? Wasko: Heart dash Trump SPAC. Founder shares and $10 IPO shares. Thanks, Bruce. AUSA: What was Bruce asking for? Wasko: Commitments of interest... The marking line was when it switched from DWAC to DJT.

AUSA: Did there come a time that a target was announced? Wasko: Yes, Trump Media as the target, a lot of high-fives. AUSA: What happened to the share price? Wasko: It went up a lot. AUSA: Could you sell your founder's shares? Wasko: No. AUSA: No further questions

Now in cross-examination Garelick's lawyer. You wrote, Orlando will have some DWAC news. What was that news? Witness: I don't know. I've looked back... Orlando all the time said he would have updates. Garelick's lawyer: But this was 8 days before the merger

 [They're still going] AUSA: Mr. Lopez-Torres, are you here under immunity? A: Yes. AUSA: Do you know where Gerald Shvartsman got the information he gave you about the Trump Media merger? A: No.

 AUSA: We offer GX 702T - what did you write?

A: DWAC is going to announce something big in the next few weeks. Judge: I told jurors 5:15 - how much more? A: I put in $200,000, "ha ha ha," I was driving. And an attachment. AUSA: What did you respond? A: It is Trump

 Cross examination Garelick's lawyer: You didn't trade on my information from Mr. Garelick, did you? A: I didn't Garelick's lawyer: Gerald was your employer, right? A: Yes Garelick's lawyer: Did you write these emails, saying "some kind of news will come out"? Yes

 Judge Liman: I have a 5:30, we'll end here. Adjourned.

Watch this site.

 This case is US v. Shvartsman, et al., 23-cr-307 (Liman)

***

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