When Prosecutors Lie, Cheat, Steal, American Hero David Ganek Fights Back for All Americans


When Prosecutors Lie, Cheat, Steal, American Hero David Ganek Fights Back for All Americans

David Ganek, the level global fund chief, an American hero

DAVID GANEK, the defunct Level Global hedge fund chieftain is truly an unsung American hero.

When prosecutors and FBI agents from the Southern District of New York (SDNY) allegedly lie, cheat and steal, who’s holding these public servants to account? Money manager David Ganek has the right answer: expose them in the media and sue them in court.

According to a Wall Street Journal Opinion published on April 20, 2017, President Trump dumped Preet Bharara as U.S. Attorney for the Southern District of New York, and the celebrity prosecutor is conducting another media vindication tour, sweating profusely as an increasingly irrelevant “crusader” for mindless liberals. But a few problems from his tenure are left to resolve, including the ongoing condemnation of David Ganek, the founder of a $4 billion investment fund ruined by Preet Bharara’s petulant SDNY office where lies are piled up like garbage against Ganek.

Mr. Bharara brands himself as Wall Street’s “fireman.”

“But in the eyes of David Ganek, Preet Bharara is nothing but a publicity hound and an arsonist, burning down perfectly constructed homes, displayed in front of paparazzi cameras to spread the fake news.”

David Ganek is fighting back to salvage a badly shattered reputation, which was violently ripped out of him by the larger-than-life celebrity SDNY prosecutors. Supporters say David Ganek is expending his immense resources upholding the constitutional rights of all Americans, benefiting also the families of those undeserving government agents. Impact from the Ganek case could have a lasting effect on America’s democracy, shaking the foundation of what we Americans truly believe in – the law, fairness and the true administration of justice which ensure good government. The stake is high for all citizens of this great land.

“David Ganek is paying a price for safeguarding our democracy. For that reason, David Ganek is an American hero.”

When The Wall Street Journal last checked on this saga, the Southern District had appealed a SDNY district judge (the Hon. Pauley III)’s powerful ruling that discovery and trial could proceed in Mr. Ganek’s lawsuit against Mr. Bharara, several former SDNY prosecutors (who are now collecting fat checks in the private sector masquerading as “white color defense lawyers”) and rogue FBI agents Matt Komar, Thomas McGuire and others. David Ganek alleges that law enforcement violated his constitutional rights with a 2010 insider-trading raid on his hedge fund, Level Global. The press was tipped off beforehand – well timed by the tabloid-media-savvy Preet Bharara’s SDNY to taint a jury pool. Mr. Ganek was perceived as a suspect, and the reputational damage of the media circus ruined his firm, costing the innocent David Ganek and his clients $4 billion.

David Ganek, an innocent American citizen living his daily hell

David Ganek is no Osama bin Laden. But sadly he was treated worse by his own government: At least Bin Laden is dead.

“But David Genek is living his daily hell, his reputation burned alive every day in the SDNY prosecutors’ ongoing smear campaign against him.”

David Ganek is an American, born and raised in New York City. Throughout a stellar career, Mr. Ganek has provided thousands of jobs for his fellow Americans. An entrepreneur at heart, David Ganek is undoubtedly a job creator and now, an American hero fighting back to regain his shredded constitutional rights.

DAVID GANEK, level Global, FBI agent Thomas McGuire, FBI agent Matt Komar, Mario Pisano, David Massey, Tracy Timbers, SDNY, Derek Bentsen, Cheryl Crumpton, Patrick Feeney, Melissa Hodgman, SEC

Mr. Ganek was never charged with a crime, and the fraud conviction of his colleague Anthony Chiasson was overturned as an appellate court held that Mr. Bharara’s insider-trading theories exceeded the law and his office practiced “doctrinal novelty.” The feds now concede—or used to—that the affidavits used to obtain the Level Global search warrant contained false information about Mr. Ganek’s involvement in this non-scheme.

During a hearing before the appeals court judges in March 2017, it was appalling for anyone watching on the sidelines how the SDNY prosecutors dodged the facts, danced around like chimps in an indefensible case, embarrassed themselves, continued down the familiar path of lying, cheating and stealing that has ruined David Ganek’s life.

America condemns dictators in Syria or North Korea. But why are our own U.S. government agents incapable of shame, unable to admit to mistakes made against their own citizens?

No one expects federal agents to be perfect, but we, as taxpayers do expect them to be honest and play clean in their enforcement of the law.

Read more: New York’s next U.S. attorneys must try cases in court, not in the court of public opinion

Notorious FBI agent Matt Komar, a serial liar implicated David Ganek

In David Ganek’s appeal to the Second Circuit Court of Appeals, Ganek’s lawyer Nancy Gertner of Neufeld Scheck & Brustin, a renowned Harvard Law professor and a former federal judge blasted the SDNY prosecutors, rogue FBI agents MATT KOMAR (FBI shield #22666), THOMAS MCGUIRE (NY Bar registration #3020781) and others for fabricating a witness affidavit, inserting trumped-up charges against David Ganek. Matt Komar’s fumbling of witness testimony came to light when the witness testified, under oath that he had never accused David Genek of any wrongdoing.

Nancy Gertner said in her 2nd Circuit brief that the government’s unsubstantiated new shots at Ganek are a “troubling” tactic in an appeal focused on the Justice Department’s own misconduct, reported by Reuters.

“It is not surprising that defendants [the SDNY prosecutors and FBI agents] ask this court to protect them from having to answer for their misconduct,” Gertner wrote in Ganek’s brief, reported by Reuters. “But what is surprising, in a case about tarnishing Ganek’s reputation without basis, is that defendants would use their papers as an opportunity to hint at new false allegations against him, in the face of lies told in a sworn testimony from rogue FBI agents [MATT KOMAR], [THOMAS MCGUIRE]…”

FBI SPECIAL AGENT MATT KOMAR, THOMAS MCGUIRE, David Massey, Tracy Timbers, Franks Hearing, David Ganek, Melissa Hodgman, Cheryl Crumpton, Daniel Zinman, Richards Kibbe Orbe, fraud

David Ganek: Matt Komar is the same lying FBI agent, a repeat lawbreaker

David Ganek is not alone crying foul over SDNY’s alleged prosecutorial abuses. Lawyers for American financier and investigative reporter BENJAMIN WEY also feel Mr. Wey was wrongfully singled out as a target of racial profiling in a government fabricated case.

When government agents called Mr. Wey a “Chinaman” and bureaucrats labeled Mr. Wey a “Chinese N-word,” the same racist agents would make up a case just to claim an Asian scalp.

The notorious FBI agent MATT KOMAR – who’s lied about Benjamin Wey is the same defendant facing David Ganek’s lawsuit. What’s the likelihood of someone getting struck twice by lightning? When a liar like Matt Komar gets caught pants down lying at least twice in federal courts, this thief would lie again and again.

The rogue FBI agents Matt Komar (badge # 22666 ) and Thomas McGuire (NY Bar registration #3020781) do not deserve their FBI badges. Matt Komar and Thomas McGuire must be exposed, investigated and prosecuted for fraud.

“[FBI agent Matt Komar] and [Thomas McGuire] made up a purported affidavit from a witness,” judge Nancy Gertner told the Second Circuit. “Who’s holding the prosecutors and FBI agents accountable for their lies? What’s the remedy for the victim when government agents lie?”

While Judge Pauley deserves tremendous credit for holding the feet of the lying SDNY prosecutors and fraudulent FBI agents to the fire in the Ganek case, another honorable jurist, the esteemed federal judge Alison Nathan also raised serious concerns about whether “the government acted in good faith,” who have lied about Benjamin Wey.

Like in the Ganek case, court documents have shed light on the government’s trumped-up charges against Benjamin Wey:

On August 12, 2016, the notorious FBI agent Matt Komar and Thomas McGuire were slammed in federal court for manufacturing a “market manipulation” case against financier and investigative journalist BENJAMIN WEY. Court filing says agent Matt Komar and Thomas McGuire repeatedly cheating and lying to Magistrate Judge Michael Dolinger… intentionally manipulated the trading data… repeatedly defrauded the court.

Read more: MELISSA HODGMAN, Racist SEC Enforcement Staffer Wants Pay Raises, Not the Truth

FBI AGENT MATT KOMAR, AGENT THOMAS MCGUIRE, David Massey, AUSA, Tracy Timbers, FRANKS HEARING, Richards Kibbe Orbe, Jon Kibbe, Bill Orbe, Daniel Zinman, Melissa Hodgman, Steven Susswein, SEC

Franks Hearing: “whether the government acted in good faith…”

On January 23, 2017, federal judge Alison Nathan held a two-day “Franks Hearing” (case background) to investigate if “the Government acted in good faith.” Citing court records and media reports, FBI agent Matt Komar, who lied under oath, is the same accused fraudster being sued in David Ganek vs. Matt Komar, FBI etc. for lying and fabricating evidence, ruining fund manager David Ganek and Level Global, found in SDNY federal judge Pauley III’s court ruling against Matt Komar and in the 2nd Circuit court brief – reported by Reuters, Fortune, The New York TimesWall Street Journal, Forbes, CNBC.

FBI agent Thomas McGuire (NY Bar registration #3020781) who also lied extensively under oath, is another rogue agent – a repeat law violator who was at least twice previously implicated in United States Vs. Metter and United States Vs. Jean-Pierre Neuhaus for manufacturing evidence (court records).

Rogue FBI agent THOMAS MCGUIRE, Thomas Aquinas Carl McGuire, franks hearing, fraud, lies, fake charges, FBI agent MATT KOMAR, AUSA DAVID MASSEY, TRACY TIMBERS

Nancy Gertner told the Second Ciruit “when government agents lie, they make a mockery of the notion that Americans enjoy the protection of due process of the law.” The judicial branch of the government is left to take notice of the deliberate abuses. Thankfully, the honorable Court did:

“Who should I believe [between two FBI agents’ sworn testimony]? …it wasn’t a fog of memory… FBI Agent Thomas McGuire was prepped… It was a specific memory inconsistent with what Agent Thomas McGuire had testified to.” – Judge Alison Nathan grilled a SDNY prosecutor at a post Franks Hearing on February 17, 2017.

As reported by New York Law Journal and Law 360,  David B. Massey, a lying former SDNY prosecutor who was also ordered to sit in the Franks Hearing hot seat, admitted to fabricating a nonexistent Nasdaq 300 round lot listing rule in 2011 to implicate Benjamin Wey, in order to pad his flimsy resume. DAVID MASSEY’s current employer, the tiny Richards, Kibbe & Orbe is deeply conflicted with David Massey’s double-talk and the firm’s double-dipping of their client William Uchimoto. David Massey and the SDNY’s fake story ruined the 62-year-old Japanese American lawyer Bill Uchimoto, whose father Dan Uchimoto is the most decorated Japanese American war hero in World War Two. Mr. Uchimoto lost his pristine reputation built over 40 years.

“Dirty government agents have murdered David Ganek’s Fourth Amendment and Fifth Amendment constitutional rights.”

To cover up their fabricated DOJ case, in April 2017, the SDNY attempted to assassinate Mr. Wey’s First Amendment right and muzzle his free speech. What’s the government afraid of? The truth?

Crumbled cases, vindicated Japanese American William Uchimoto

In March 2017, SDNY federal judge Robert Sweet DISMISSED a frivolous class action lawsuit which had been brought on the same grounds of the fabricated SEC, DOJ cases, vindicated Benjamin Wey and others; On March 27, 2017, SDNY federal judge P. Kevin Castel DISMISSED the SEC’s made-up case against Mr. Wey’s so-called “co-conspirator” – lawyer William Uchimoto (a key SEC witness for CleanTech Innovations against the NASDAQ, reported by Forbes). On May 2, 2017, federal judge Alison Nathan ordered the NASDAQ to produce withheld documents that vindicate Mr. Wey, reported by Law360.

Mr. Uchimoto has since filed a Rule 11 sanctions motion against the SEC abusers for “committed a fraud against me,” reported in “Ex-Big Law Partner Still Angry After SEC Fraud Claims Tossed” by New York Law Journal. Melissa Hodgman, a disgraced SEC bureaucrat was caught fabricating the Uchimoto case, lying to the DOJ, FBI, and riding on Uchimoto’s Asian scalp for a job promotion.

“Like in the David Ganek case, the lying agents are only interested in maligning Benjamin Wey‘s character, not the facts or the law,” said lawyer William Uchimoto. “The SEC has committed fraud against me. The SDNY and SEC have committed fraud against Mr. Wey. They have shamelessly fabricated those charges to claim Asian scalps.”

William Uchimoto, Bill Uchimoto, Daniel Zinman, Dan Uchimoto, David Genek, Level Global, American hero, Melissa Hodgman, Steven Susswein, Joshua Braunstein, Derek Bentsen, Cheryl Crumpton, SEC


David Ganek: the SDNY hides behind immunity, trashes the constitution

According to the Wall Street Journal report, the Southern District is hiding behind the doctrine of prosecutorial immunity—and re-smearing Mr. Ganek to evade accountability for its botched investigation.

At oral arguments in March 2017, a Second Circuit Court of Appeals panel seemed skeptical of the government’s arguments. So under questioning, deputy U.S. attorney Sarah Normand accused Mr. Ganek of participating in “a scheme with regard to many, many pieces of inside information from many public companies.”

This fresh government accusation against Ganek was never raised in the copious pretrial and appeal briefings, and presumably if prosecutors had anything solid on Mr. Ganek they’d have sought an indictment at the height of Mr. Bharara’s insider-trading bubble.

“When facts don’t add up, the SDNY fixes the facts. Winning is their only objective, what’s serving justice?”

Appeals court judge Reena Raggi noted that “certainly there’s no evidence at trial, or in the record that you’ve put forward, that the confidential informant or the cooperator ever said to law enforcement that Mr. Ganek did know that he was trading in whole or in part on inside information. That’s the record that we’ve got before us. That’s a statement made in the affidavit [that] is not true.” Judge Denny Chin concurred.

The case’s larger import concerns accountability for alleged prosecutorial misconduct. Judge Alex Kozinski of the Ninth Circuit recently noted that improper and abusive behavior by prosecutors has reached “epidemic proportions.” If Mr. Bharara’s false affidavit was deliberate, it violated due process. Then the question is: what’s the remedy for a victim when government officials lie, cheat and steal?

According to court filings, The National Association of Criminal Defense Lawyers (NACDL) urged the Second Circuit to keep alive David Ganek’s suit against the government, claiming that prosecutors fabricated evidence, saying suits like Ganek’s act as a deterrent against prosecutorial misconduct. NACDL also said the type of misconduct Ganek has alleged is “far too common,” citing research that has found hundreds of instances of prosecutorial misconduct. In those cases, NACDL said, “few prosecutors or law enforcement agents are ever sanctioned or disciplined for wrongdoing, making civil rights cases one of the few ways to investigate and sanction constitutional violations.”

The truth begs a serious question: Shouldn’t government agents be required to take the moral high ground? They have the guns, which are given by us, the taxpayers to protect us, right? They have a duty to be wise and honest, right? True. But they are bigots.

“When self-serving prosecutors hold the guns, the paparazzi cameras and the pedestals to worship themselves, they become monsters – eager to pad their own resumes, jamming the SDNY revolving door to the private sector.”

The Wall Street Journal says there’s also emerging evidence that something was rotten in Mr. Preet Bharara’s old operation. The FBI special agent who supervised securities fraud investigations in New York, David Chaves, who is also a defendant in the Ganek case, was recently cited for leaking confidential grand jury information in the insider-trading case of sports gambler William “Billy” Walters. Judge P. Kevin Castel (who also vindicated William Uchimoto) issued an unusual order instructing the FBI to provide updates on Mr. Chaves’s internal disciplinary process, following Judge Castel’s long tradition of holding abusive government agents to account when they are found abusing their power. Read more: MELISSA HODGMAN, SEC ENFORCEMENT LAWYER HAD JOB PROMOTION RIDING ON ‘ASIAN SCALPS,’ LAWSUIT SAYS. and HOW TO WIN A FABRICATED CASE? SEC LAWYER DEREK BENTSEN KNOWS: DUPE JUDGE P. KEVIN CASTEL FIVE TIMES.

JOHN W. TIMBERS, TRACY TIMBERS, JP Morgan, DAVID MASSEY, AUSA, Ricahrds Kibee Orbe, RKO, banned, law practice, Daniel Zinman, Rowan Gaither, Margaret Meyers, Stephanie Tsay, Jeffrey Bloom, FINRA, Ed Knight, Nasdaq

Earlier this year the FBI reached a rare $3 million settlement with the wife of a convicted inside-trader who was wiretapped in violation of the FBI’s eavesdropping guidelines. There’s a pattern of a problematic culture inside Mr. Bharara’s old shop. Not least because there are so few consequences for prosecutorial abuse, the Second Circuit should allow Mr. Ganek’s suit to head to trial. Let the truth sanitize the government’s lies.

“We should thank David Ganek, salute his valor and enjoy the fruits of his labor. David Ganek is a true American patriot.”

As the SDNY dog fight continues, collateral damage on a legitimate business is catastrophic: David Ganek’s $4 billion business built over 20 years went up in smoke – jobs were lot, businesses were closed down, innocent citizens paid hefty prices for the government’s mistakes. Mr. Ganek was pushed to a corner with a ruined name – he was left with no choice but to fight the SDNY “big dog.” Mr. Gank is not a gambler. But he sure understands the meaning of “YOLO” – You Only Live Once.

David Ganek has the money, the facts and the guts to put up a good fight against abusers. Let’s pray that he wins. If he loses, we will sadly conclude the American constitution is nothing other than used toilet paper.

Additional reporting by The Wall Street Journal: https://www.wsj.com/articles/unfinished-preet-bharara-business-1492643941


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