The U.S. took too long to charge an owner of a New York brokerage with orchestrating a $17 million pump-and-dump scheme, a judge ruled in throwing out the indictment.
Guy Gentile was accused by the government of buying shares of Raven Gold Corp. and Kentucky USA Energy Inc. from 2007 to 2008, then pumping up the shares through manipulative trading and misleading promotional materials. Gentile said in court filings that he cooperated with prosecutors and provided information that led to other arrests.
U.S. District Court Judge Jose Linares in Newark, New Jersey, granted his request to dismiss the case in an opinion on Monday, ruling a five-year statute of limitations to charge Gentile had already expired when he was indicted in March 2016.
"It has been a grueling few years as I’ve battled to clear my name," Gentile said in a statement. He thanked his lawyers and friends for giving him the strength to fight the government.
Matthew Reilly, spokesman for U.S. Attorney Paul Fishman, declined to comment on the ruling.
The case is U.S. v. Gentile, 16-cr-00155, U.S. District Court, District of New Jersey (Newark).
Today, Jose Linares, United States District Court Judge, Newark, New Jersey dismissed the Federal Indictment brought against Guy Gentile in March 2016 by the Newark United States Department of Justice (DOJ),
In reality, the US Government arrested him “for his rolodex” and bullied him into cooperation, compelling him to believe he did not have a choice in the matter. Gentile believed that his only option was to cooperate: the government threatened to go after his family, friends and employees, shut down his businesses and, more importantly, freeze his bank accounts so he couldn’t defend himself. If he did not cooperate, the government would have completely destroyed him and those around him.
After three years of exemplary cooperation which brought the NJ DOJ convictions like never before, the government did an about face and charged Gentile again in March 2016 when he informed them he would no longer cooperate and to let him go, free, as agreed. Due to his compelled cooperation, the aftermath of his position with the DOJ and FBI caused severe damage: his loss of life long friends and the divorce of his wife whom he loved dearly; loss of employees and businesses; he lost his position in volunteer services and had over 10 banking relationships terminated which severely and negatively impacted his life & businesses in addition to the cost of millions of dollars defending himself. Even having endured what amounted to an involuntary servitude, Gentile never said why him?
He held his head high because he knew he was not guilty of the charges and did everything he could to continue to live his life and tried to stay strong for the people who loved him and believed in him.