relevant to the price of swap contracts regarding military action in Venezuela, and used it to

execute swap transactions for personal gain.

(Title 7, United States Code, Section 6c(a)(4)(C), 13(a)(5); and Title 18, United States Code, Section 2.)

COUNT THREE (Commodities Fraud)

The Grand Jury further charges:

21.

The allegation contained in paragraphs 1 through 17 of this Indictment are hereby

repeated, realleged, and incorporated by reference, as if fully set forth herein.

22.

From at least in or about December 2025 up to and including at least in or about January 2026, in the Southern District of New York and elsewhere, GANNON KEN VAN DYKE, the defendant, willfully and knowingly, directly and indirectly, used and employed, and attempted to use and employ, in connection with a swap, a contract of sale of a commodity in interstate commerce, and for future delivery on and subject to the rules of a registered entity, a manipulative and deceptive device and contrivance, in contravention of Title 17, Code of Federal Regulations, Section 180.1, by: (1) using and employing, and attempting to use and employ, a manipulative device, scheme, and artifice to defraud; (2) making, and attempting to make, an untrue and misleading statement of a material fact and omitting to state a material fact necessary in order to make the statements made not untrue and misleading; and (3) engaging, and attempting to engage in an act, practice, and course of business which operates and would operate as a fraud and deceit upon a person, to wit, VAN DYKE, knowing that he had obtained material nonpublic information in breach of a duty, used it to execute swap transactions for personal gain.
(Title 7, United States Code, Sections 9(1), 13(a)(5); Title 17, Code of Federal Regulations, Section 180.1; and Title 18, United States Code, Section 2.)

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