Not really the best thread to start talking about this but both exploits were patched in 9.2. Coincidence? I think not
That could just mean that Gateway found the same entrypoint that smealum found that works on 5.X-9.2. Also, it's possible for Gateway to use the information provided by others (like 3dsbrew) and go from there. Unless there's actual concrete evidence that Gateway did pay smealum for his exploit, your claim is pretty much unbelievable.