Statement on the DOJ's 2016 Indictment — Dismissed by Chief Judge Linares (2017)
The federal indictment dismissed in January 2017. The Government did not appeal. No conviction.
Newark, NJ · Updated June 16, 2026
A federal judge dismissed this case nearly a decade ago. The internet hasn't caught up.
In March 2016, the Department of Justice filed a federal indictment against me in the District of New Jersey on conduct from 2007–2008. In January 2017, Chief Judge Jose L. Linares dismissed that indictment under the Sixth Amendment for pre-indictment delay. The Government did not appeal. There was no retrial, no plea, no deferred prosecution agreement. The case ended.
DOJ press materials from March 2016 still circulate as PDFs. They were accurate when published. They are incomplete now — they predate the dismissal and were never updated. I have never been convicted of a crime, and I have never been barred from the securities industry.
— Guy Gentile
Five facts that did not appear in the 2016 press release
- 01
The indictment was dismissed.
On January 30, 2017, Chief Judge Jose L. Linares of the U.S. District Court for the District of New Jersey dismissed the federal indictment against Guy Gentile (Crim. No. 16-155). The dismissal was on the merits of a Sixth Amendment pre-indictment delay challenge.
- 02
The Government did not appeal.
The United States chose not to appeal Judge Linares' dismissal. The Court of Appeals never had the chance to disturb the ruling because the Government accepted it.
- 03
The conduct alleged was from 2007–2008.
DOJ waited until 2016 to indict on conduct from 2007–2008 — roughly eight years. The court found that delay constitutionally unreasonable.
- 04
No conviction. No plea. No deferred prosecution.
There is no criminal judgment of any kind against Guy Gentile from this matter. The case is over.
- 05
The DOJ press materials are stale.
PDFs and press releases describing the 2016 indictment continue to circulate online. They predate the 2017 dismissal and were never updated. They are historically accurate as of March 2016 — and historically incomplete after January 2017.
The record
- 2007–2008
Underlying conduct alleged in the indictment.
- July 2012
FBI arrests Guy Gentile in New Jersey on related allegations.
- 2012–2015
Cooperation with federal authorities.
- March 2016
DOJ files a new indictment, Crim. No. 16-155 (D.N.J.).
- January 30, 2017
Chief Judge Linares dismisses the indictment for pre-indictment delay (Sixth Amendment).
- 2017
The Government does not appeal. The case is closed.