American Consequences - October 2017

Wind Breakers at the Door BANG... BANG, BANG, BANG ! It was 5:30 a.m. on a November morning in 2009 when Kimelman heard the banging at his front door. Confused, he was unsure if it was real or a dream. With sleep still in his eyes, he opened the door to a half-dozen federal agents in FBI windbreakers, and a couple of German Shepherds. His wife and children were sequestered to the master bedroom while feds searched his house. The feds completed their search and asked a few questions before parading him in front of curious neighbors and some TV crews that had been given a heads up. He was under arrest for conspiracy and illegally trading shares of 3Com in 2007. The trade in question was before Incremental Capital, and during a period when he’d hear hundreds of rumors a day and occasionally trade on one or two. Shortly after the arrest his prosecutors made the kind of sweetheart deal they won’t make if they have a case against you... admit to a lesser charge and get probation instead of prison. It was the hardest decision of his life, but Kimelman refused. He would have his day in court.

Witnesses and Wiretaps For nearly a month, Kimelman woke up and took the train to the city before stepping inside Manhattan’s Southern District Courthouse. He’d sit between two other defendants, who were likely guilty, and one of which had seven informants and 500 hours of tape against him. After a stressful day in court he’d go to his lawyer’s office and prepare for the next day. By the time he got home, his kids were asleep... Something he was having difficulty doing himself.

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