2024-04-03 DOJ SDNY press_release 119 KB 5,180 chars

Two Individuals Plead Guilty To Participating In Insider Trading Scheme Based On SPAC Merger With Trump Media & Technology Group

Caption
United States v. Damian Williams, et al.
summary

Michael and Gerald Shvartsman pleaded guilty to securities fraud for participating in an insider trading scheme surrounding the merger of Digital World Acquisition Corporation with Trump Media & Technology Group, generating over $22 million in illegal profits.

paragraph

Michael and Gerald Shvartsman, two sophisticated investors, made over $22 million in illegal profits by trading in securities of Digital World Acquisition Corporation based on material, non-public information about the company's planned merger with Trump Media & Technology Group. The brothers signed non-disclosure agreements but used the confidential information to make profitable trades and tipped others about the upcoming merger. They each face a maximum sentence of 20 years in prison and are scheduled to be sentenced on July 17, 2024.

narrative

Michael and Gerald Shvartsman, two sophisticated investors, pleaded guilty to securities fraud for participating in an insider trading scheme surrounding the merger of Digital World Acquisition Corporation with Trump Media & Technology Group. The scheme generated over $22 million in illegal profits, which the brothers made by trading in securities of Digital World Acquisition Corporation based on material, non-public information about the company's planned merger. The brothers signed non-disclosure agreements but used the confidential information to make profitable trades and tipped others about the upcoming merger. They obtained the confidential information through their associate's position on Digital World Acquisition Corporation's board and violated their contractual obligations by using the material, non-public information for personal gain. The FBI, HSI, and SEC investigated the case, and a parallel civil action has been filed by the SEC. Each brother faces a maximum sentence of 20 years in prison and is scheduled to be sentenced on July 17, 2024.

Enriched metadata

Scheme
insider-trading (100%)
Court
Southern District of New York
Outcome
pleaded
Victim loss
$22,000,000
Classified insider-trading(confidence 100%). EDGAR detection: forms 4/3/5/144· recall 81% / precision 19%. detection rule →
Parties
damian williamsDepartment of JusticeDigital World Acquisition CompanyDwacGerald Shvartsmanlewis j. limanMichael ShvartsmanSouthern District Of New YorkTrump Media & Technology Group
Keywords
trump mediagerald shvartsmanshvartsmantrumpmediamichael shvartsmandwacinsider tradingshvartsman geraldsecuritiesmergermichaelgeraldtradingtrading scheme

Extracted insights

Dollar amounts 2
  • $22.00M $22 Million $10M–$100M
  • $22.00M $22 million $10M–$100M
Entities 10
  • person Gerald Shvartsman ×2
  • person Michael Shvartsman ×2
  • person damian williams
  • organization Department of Justice
  • organization Digital World Acquisition Company
  • organization Dwac
  • person lewis j. liman
  • organization Southern District Of New York
  • scheme_term to participating in insider trading scheme
  • organization Trump Media & Technology Group
Triples 14
  • Michael Shvartsman Plead Guilty To Participating In Insider Trading Scheme
  • Gerald Shvartsman Plead Guilty To Participating In Insider Trading Scheme
  • Michael Shvartsman Made More Than $22 Million In Illegal Profits
  • Gerald Shvartsman Made More Than $22 Million In Illegal Profits
  • Michael Shvartsman Received Confidential, Inside Information About An Upcoming Merger Between Dwac And Trump Media
  • Gerald Shvartsman Received Confidential, Inside Information About An Upcoming Merger Between Dwac And Trump Media
  • Michael Shvartsman Used That Information To Make Profitable, But Illegal, Open-Market Trades
  • Gerald Shvartsman Used That Information To Make Profitable, But Illegal, Open-Market Trades
  • Michael Shvartsman Learned Valuable Mnpi About Dwac’S Plans To Merge With Trump Media
  • Gerald Shvartsman Learned Valuable Mnpi About Dwac’S Plans To Merge With Trump Media
  • Michael Shvartsman Bought Millions Of Dollars Of Dwac Securities On The Open Market Before The News Of The Trump Media Business Combination Was Public
  • Gerald Shvartsman Bought Millions Of Dollars Of Dwac Securities On The Open Market Before The News Of The Trump Media Business Combination Was Public
  • Michael Shvartsman Tipped Others About The Upcoming Merger
  • Gerald Shvartsman Tipped Others About The Upcoming Merger
View original DOJ press releasejustice.gov
Extracted body text (5,180c)
Press Release Two Individuals Plead Guilty To Participating In Insider Trading Scheme Based On SPAC Merger With Trump Media & Technology Group Wednesday, April 3, 2024 Share FacebookLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. XLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. LinkedInLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. Email For Immediate Release U.S. Attorney's Office, Southern District of New York Michael Shvartsman and Gerald Shvartsman Made More Than $22 Million in Illegal Profits by Trading in Advance of the Announcement that Digital World Acquisition Company Was Going to Merge with Former President Donald J. Trump’s Media Company Damian Williams, the United States Attorney for the Southern District of New York, announced today that MICHAEL SHVARTSMAN and GERALD SHVARTSMAN each pled guilty to one count of securities fraud, both in connection with their participation in an insider trading scheme surrounding the merger of Digital World Acquisition Corporation (“DWAC”) with Trump Media & Technology Group (“Trump Media”). MICHAEL and GERALD SHVARTSMAN were arrested in June 2023 and pled guilty today before U.S. District Judge Lewis J. Liman. U.S. Attorney Damian Williams said: “Michael and Gerald Shvartsman admitted in court that they received confidential, inside information about an upcoming merger between DWAC and Trump Media and used that information to make profitable, but illegal, open-market trades. Insider trading is cheating, plain and simple, and today’s convictions should remind anyone who may be tempted to corrupt the integrity of the stock market that it will earn them a ticket to prison.” According to the allegations in the Indictment and statements made in public court proceedings: In October 2021, MICHAEL SHVARTSMAN and GERALD SHVARTSMAN together made more than $22 million dollars in illegal profits by trading in securities of DWAC based on material, non-public information (“MNPI”) about DWAC’s planned, but not yet public, business combination with Trump Media, a media company founded by former President Donald J. Trump. As sophisticated investors, MICHAEL SHVARTSMAN and GERALD SHVARTSMAN were invited to invest in DWAC and another special purpose acquisition company (“SPAC”), and after signing non-disclosure agreements, they were provided confidential information about the SPACs, including that a potential target of the SPACs was Trump Media. As a condition of receiving this information, the defendants were prohibited by the non-disclosure agreements from disclosing the confidential information they learned or using it to buy and sell securities on the open market. After making initial investments into DWAC through the initial public offering process, through placing their associate on DWAC’s board of directors, the defendants continued to learn valuable MNPI about DWAC’s plans to merge with Trump Media, such the status of the merger negotiations and the timing of a public merger announcement. In violation of the non-disclosure agreements that they had signed, and in contravention of their associate’s duties and responsibilities as a board member, the defendants bought millions of dollars of DWAC securities on the open market before the news of the Trump Media business combination was public. The defendants also tipped others about the upcoming merger, inducing further trades in DWAC securities on the basis of the MNPI they had obtained subject to their non-disclosure agreement and through their associate’s board seat. * * * MICHAEL SHVARTSMAN, 53, of Sunny Isles Beach, Florida, and GERALD SHVARTSMAN, 46, of Aventura, Florida, each pled guilty to one count of securities fraud, which carries a maximum sentence of 20 years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge. MICHAEL SHVARTSMAN and GERALD SHVARTSMAN are scheduled to be sentenced by Judge Liman on July 17, 2024, at 2:00 p.m. and 3:00 p.m., respectively. Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation and Homeland Security Investigations. Mr. Williams also thanked the U.S. Securities and Exchange Commission, which has filed a parallel civil action. The prosecution of this case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Elizabeth A. Hanft, Daniel G. Nessim, and Matthew R. Shahabian are in charge of the prosecution. Contact Nicholas Biase, Lauren Scarff, Shelby Wratchford (212) 637-2600 Updated April 3, 2024 Topic Securities, Commodities, & Investment Fraud Component USAO - New York, Southern Press Release Number: 24-111
OCR text (5,180c · html-text · 99% conf)
Press Release Two Individuals Plead Guilty To Participating In Insider Trading Scheme Based On SPAC Merger With Trump Media & Technology Group Wednesday, April 3, 2024 Share FacebookLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. XLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. LinkedInLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. Email For Immediate Release U.S. Attorney's Office, Southern District of New York Michael Shvartsman and Gerald Shvartsman Made More Than $22 Million in Illegal Profits by Trading in Advance of the Announcement that Digital World Acquisition Company Was Going to Merge with Former President Donald J. Trump’s Media Company Damian Williams, the United States Attorney for the Southern District of New York, announced today that MICHAEL SHVARTSMAN and GERALD SHVARTSMAN each pled guilty to one count of securities fraud, both in connection with their participation in an insider trading scheme surrounding the merger of Digital World Acquisition Corporation (“DWAC”) with Trump Media & Technology Group (“Trump Media”). MICHAEL and GERALD SHVARTSMAN were arrested in June 2023 and pled guilty today before U.S. District Judge Lewis J. Liman. U.S. Attorney Damian Williams said: “Michael and Gerald Shvartsman admitted in court that they received confidential, inside information about an upcoming merger between DWAC and Trump Media and used that information to make profitable, but illegal, open-market trades. Insider trading is cheating, plain and simple, and today’s convictions should remind anyone who may be tempted to corrupt the integrity of the stock market that it will earn them a ticket to prison.” According to the allegations in the Indictment and statements made in public court proceedings: In October 2021, MICHAEL SHVARTSMAN and GERALD SHVARTSMAN together made more than $22 million dollars in illegal profits by trading in securities of DWAC based on material, non-public information (“MNPI”) about DWAC’s planned, but not yet public, business combination with Trump Media, a media company founded by former President Donald J. Trump. As sophisticated investors, MICHAEL SHVARTSMAN and GERALD SHVARTSMAN were invited to invest in DWAC and another special purpose acquisition company (“SPAC”), and after signing non-disclosure agreements, they were provided confidential information about the SPACs, including that a potential target of the SPACs was Trump Media. As a condition of receiving this information, the defendants were prohibited by the non-disclosure agreements from disclosing the confidential information they learned or using it to buy and sell securities on the open market. After making initial investments into DWAC through the initial public offering process, through placing their associate on DWAC’s board of directors, the defendants continued to learn valuable MNPI about DWAC’s plans to merge with Trump Media, such the status of the merger negotiations and the timing of a public merger announcement. In violation of the non-disclosure agreements that they had signed, and in contravention of their associate’s duties and responsibilities as a board member, the defendants bought millions of dollars of DWAC securities on the open market before the news of the Trump Media business combination was public. The defendants also tipped others about the upcoming merger, inducing further trades in DWAC securities on the basis of the MNPI they had obtained subject to their non-disclosure agreement and through their associate’s board seat. * * * MICHAEL SHVARTSMAN, 53, of Sunny Isles Beach, Florida, and GERALD SHVARTSMAN, 46, of Aventura, Florida, each pled guilty to one count of securities fraud, which carries a maximum sentence of 20 years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge. MICHAEL SHVARTSMAN and GERALD SHVARTSMAN are scheduled to be sentenced by Judge Liman on July 17, 2024, at 2:00 p.m. and 3:00 p.m., respectively. Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation and Homeland Security Investigations. Mr. Williams also thanked the U.S. Securities and Exchange Commission, which has filed a parallel civil action. The prosecution of this case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Elizabeth A. Hanft, Daniel G. Nessim, and Matthew R. Shahabian are in charge of the prosecution. Contact Nicholas Biase, Lauren Scarff, Shelby Wratchford (212) 637-2600 Updated April 3, 2024 Topic Securities, Commodities, & Investment Fraud Component USAO - New York, Southern Press Release Number: 24-111