Jay Clayton, U.S. Attorney for the Southern District of New York | Department of Justice
The Justice Department announced on Apr. 23 the unsealing of an indictment charging Gannon Ken Van Dyke, a U.S. Army soldier, with unlawfully using confidential government information to profit from bets placed on Polymarket, a prediction marketplace. The charges include theft of nonpublic government information, commodities fraud, wire fraud, and making an unlawful monetary transaction.
According to the indictment, Van Dyke participated in planning and executing "Operation Absolute Resolve," a U.S. military operation to capture Nicolás Maduro in Venezuela. He allegedly used his access to classified details about this operation to place wagers related to its outcome on Polymarket between December 2025 and January 2026.
Acting Attorney General Todd Blanche said: “Our men and women in uniform are trusted with classified information in order to accomplish their mission as safely and effectively as possible, and are prohibited from using this highly sensitive information for personal financial gain.” Blanche added that federal laws protecting national security apply fully even as prediction markets become more widespread.
FBI Director Kash Patel said: “Today’s announcement makes clear no one is above the law, and this FBI will do whatever it takes to defend the homeland and safeguard our nation’s secrets.” U.S. Attorney Jay Clayton for the Southern District of New York stated: “Prediction markets are not a haven for using misappropriated confidential or classified information for personal gain... That is clear insider trading and is illegal under federal law.”
James C. Barnacle Jr., FBI Assistant Director in Charge, said Van Dyke profited over $400,000 by betting on outcomes related to Venezuela after learning about Operation Absolute Resolve due to his role as a soldier.
Van Dyke faces multiple charges that each carry significant prison sentences if convicted. The case is being prosecuted by Assistant U.S. Attorneys Nicholas W. Chiuchiolo, Ryan B. Finkel, Juliana N. Murray of the Southern District of New York with assistance from Acting Deputy Chief Tanner Kroeger and Trial Attorney Eli Ross.
