David Ganek, the level global chief is an American hero
DAVID GANEK, the chieftain of now defunct $4 billion Level Global investment fund is truly an unsung American hero.
When prosecutors and rogue FBI agents from the Southern District of New York (SDNY) lie, cheat and steal, who’s holding them 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 titled “Unfinished Preet Bharara Business” published on April 20, 2017, President Trump dumped Preet Bharara, the petulant former Manhattan U.S. into the trash can. Yet the shameless, celebrity Indian prosecutor is conducting another media vindication tour – like a drunk money flying a kite high above the cloud, sweating profusely to stay relevant as a mercenary for the mindless dumb liberals. Read more:New York’s next U.S. attorneys must try cases in court, not in the court of public opinion.
“While Preet Bharara flies around the globe with his pockets full of cash – clean or dirty, Vinnie Bharara’s competitor David Ganek got the short end of the stick.”
A few problems from Bharara’s tenure are unresolved, including the ongoing bashing of David Ganek, whose life was destroyed by Preet Bharara’s peevish SDNY office where lies after lies have pied up like garbage against David Ganek.
Mr. Bharara brands himself as Wall Street’s “fireman.”
“But Preet Bharara is nothing but a publicity hound and an arsonist, burning down perfectly constructed homes, displayed before paparazzi cameras to spread the Bharara fake news through the SDNY fake news channel.”
Under Preet Bharara, DAVID GANEK’s pristine reputation was violently raped by the larger-than-God, yet poorly educated celebrity SDNY prosecutors. Riding on David Ganek’s scalp, Preet’s brother Vinnie Bharara quickly grabbed DAVID GANE’s clients…
David Ganek is a fighter. He is expending his own resources upholding the constitutional rights of all Americans, including those of the undeserving government agents. Impact from the Ganek case could shake the core of what Americans truly believe in – the law, the fairness and the true administration of justice that buttresses good government. The stake is high for all citizens of this great land.
“DAVID GANEK is paying a hefty price 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 trial could proceed against Mr. Bharara, several former SDNY prosecutors (who are now collecting fat paychecks in the private sector masquerading as “white color defense lawyers”) and shady 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. The reputational damage of the media circus crushed his firm, costing 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 many agree he was treated worse by his own government: At least Bin Laden is dead.
“David Genek is living a daily hell, getting burned alive in the SDNY prosecutors’ ongoing smear campaign against him.”
David Ganek is an American. 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 unfairly targeted by the poorly educated SDNY prosecutors.
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 were made up 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, the audience watching on the sideline was shocked when the SDNY prosecutors dodged the facts, danced around like chimps, embarrassed themselves, continued down the familiar path of lying, cheating and stealing that seems to be embedded in the SDNY’s moronic and aggressive prosecutorial culture – lying and cheating to win at any cost.
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 whom they are supposed to protect?
No one expects federal agents to be perfect, but we, the taxpayers do expect them to be honest. But they lie, cheat and steal from us.
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]…”
David Ganek: Matt Komar is the same lying FBI agent, a repeat lawbreaker
David Ganek is not alone crying foul over the SDNY’s prosecutorial abuses. Lawyers for American financier and investigative reporter BENJAMIN WEY are convinced Mr. Wey was wrongfully singled out as a target of racial profiling in a totally fabricated case.
When government agents called Mr. Wey a “Chinaman” and bureaucrats called Mr. Wey a “Chinese N-word,” the same racist agents have made up a rotten 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 Matt Komar poses clear and present danger to the law.
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 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 government misconduct and ordered a rare “Franks Hearing” on January 23, 2017 to investigate “whether the government acted in good faith” and lied about Benjamin Wey. Read more: Judge scraps U.S. evidence against Wall Street financier 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.“
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 Court took notice:
“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 SDNY prosecutors MICHAEL FERRARA and AIMEE HECTOR during a post Franks Hearing on February 17, 2017.
As reported byNew York Law Journaland 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 “Nasdaq 300 round lot shareholders gifting 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-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.
Crumbled cases, vindicated Japanese American William Uchimoto
In March 2017, SDNY federal judge Robert SweetDISMISSED 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 CastelDISMISSED 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. On June 2, 2017, the outraged federal judge P. Kevin Castel sanctioned the SEC and SEC staffer Derek Bentsen, Cheryl Crumpton for conducting “deceptive practice” in his court in the Uchimoto case. On June 14, 2017, federal judge Alison Nathan threw out all fabricated evidence against financier Benjamin Wey citing the government has violated Benjamin Wey’s constitutional right.
“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 SDNY and SEC have committed fraud against Mr. Wey. They have shamelessly fabricated those charges to claim Asian scalps.”
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. Serving justice? Bullshit!”
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. Then the question remains: what’s the remedy for a victim when government officials lie, cheat and steal?
The National Association of Criminal Defense Lawyers (NACDL) urged the Second Circuit to keep alive David Ganek’s suit, claiming that prosecutors fabricated evidence, saying suits like Ganek’s is a deterrent against prosecutorial misconduct. NACDL also said the type of misconduct Ganek has experienced is “far too common” throughout the country. NACDL said “few prosecutors or law enforcement agents are ever disciplined for wrongdoing, making civil rights cases the only way to investigate and sanction constitutional violations.”
The truth begs a serious question: Do government agents have a duty to be honest? They have the guns, which are entrusted by us, the taxpayers, right? But they also are bigots unfortunately incapable of shame.
“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.”
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.
“Americans 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, the American Constitution is nothing but a piece of used toilet paper unworthy of the American spirit of justice.