While neither Trump nor Postolnikov are facing any allegations of wrongdoing from the deal, the Herald reported that prosecutors could tack on more charges in a subsequent indictment. However, it remains unclear if Postolnikov will be added as an additional defendant. A separate filing by Tai Park — the defense attorney representing Michael Shvartsman — suggests that his client could face new charges of money laundering in response to his efforts to conceal his alleged insider trading profits.

Meanwhile, Garelick, who sat on the board of Digital World Acquisition Corp, is accused of making $50,000 from the merger in his work for Shvartsman's company, Rocket One Capital. Digital World is a special purpose acquisition company, or SPAC, which is often used as a vehicle for entities seeking to become publicly traded companies, as it involves less regulatory oversight than a traditional initial public offering (IPO). The Herald reported that months before the merger was announced, Garelick wrote a message to Postolnikov that read "Anton, Good times last night! Following up on that Trump Media Group SPAC we mentioned. The deal is going to finalize this week. Please let us know if you are interested in investing."

The murky details of the merger may be partially why the deal has yet to be approved by the US Securities and Exchange Commission after being on hold for more than two years. As a result of that delay, Trump Media and Technology Group has bled approximately $1 billion in investment commitments as of fall 2023. in the first three quarters of 2023, the company only posted $3.4 million in total revenue, which is far behind competing social media companies like Facebook and X/Twitter.

University of Florida business professor Jay Ritter — an expert on publicly traded companies — told the Herald that the fact that the merger is still on hold is "pretty unprecedented." He also likened the SPAC's performance to a "meme stock," in which social media sentiment drives a stock's performance more than other traditional business metrics.