Last edited on Friday, September 24, 2021, at 11:44 AM.
Welcome to The Blanch Law Firm’s weekly digest of New New York Criminal Cases. Our goal is to keep the public informed as to recent events in federal courts around the country.
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Friday, September 24, 2021
I. Buffalo Man Arrested, Charged with Drug and Gun Possession
On September 20, 2021, the U.S. Attorney for the Western District of New York, James P. Kennedy, Jr., announced that Luis Miguel Cruz Del Moral, 37, of Buffalo, NY, had been arrested and charged via criminal complaint with possessing a controlled substance with intent to distribute, as well as for possession of a firearm in furtherance of a drug trafficking crime. If Del Moral is convicted in a court of law, he faces at least five years and up to life in prison and a fine of up to $1,000,000.
According to the complaint, on the morning of September 17, 2021, Buffalo Police, the ATF, and the FBI executed a New York State search warrant at Cruz Del Moral’s Ontario Street residence, where investigators recovered five firearms, ammunition, a ballistic vest, two vials of suspected cocaine, drug packaging materials, and three scales with suspected cocaine residue. Investigators also found a loaded pistol in the bathroom.
II. Delaware County Man Charged with Sexually Exploiting a Child
On September 20, 2021, the Acting U.S. Attorney for the Northern District of New York, Antoinette T. Bacon, along with and Matthew Scarpino, the Acting Special Agent in Charge of the Homeland Security Investigations’ (HIS) Buffalo Field Office, announced that Jeremie Hoyt, 41, of Davenport, New York, appeared in federal court on charges that he sexually exploited a child.
The criminal complaint alleges that, in November 2020, Hoyt produced a sexually explicit photograph and video of a 14-year-old child. Later, Hoyt distributed the image and video over the Internet to other users on a messaging application. At his hearing, U.S. Magistrate Judge Miroslav Lovric ordered Hoyt to be detained pending trial. If he is convicted of these charges in a court of law, Hoyt faces at least 15 years and as much as 30 years in prison, a fine of up to $250,000, and a term of supervised release of between 5 years and life.
III. California Man Charged with Perjury for Suing Hollywood Executives Under False Pretenses
On September 22, 2021, the U.S. Attorney for the Southern District of New York, Audrey Strauss, announced that Rovier Carrington was charged in a criminal complaint with perjury. Carrington was arrested Sept. 21 and presented in the Central District of California. According to the criminal complaint, it is alleged that Rovier Carrington faked evidence to support a $50 million lawsuit he filed in the Southern District of New York making extremely serious allegations, and then lied about faking that evidence under penalty of perjury.
Other allegations contained in the Complaint include one that, between at least June 2018 and July 2018, Carrington committed perjury in connection with a civil lawsuit (the Civil Case) filed in the Southern District of New York. In the Civil Case, Carrington sued Hollywood executives alleged that the executives had sexually assaulted him, and that they had defrauded him in connection with a decision to refuse to produce his reality television program. Carrington sought damages of $50 million in the Civil Case.
IV. Brooklyn Residents Plead Guilty To Conspiracy To Commit Arson In Connection With Burning Of NYPD Homeless Outreach Unit Vehicle
On September 22, 2021, the U.S. Attorney for the Southern District of New York, Audrey Strauss, announced that Corey Smith and Elaine Carberry pled guilty to conspiring to burn a marked NYPD Homeless Outreach Unit van in the Greenwich Village neighborhood of New York City in July 2020. Smith and Carberry pled guilty Sept. 22 before U.S. District Judge Lewis J. Liman, to whom the case is assigned.
According to the allegations in the Indictment and other documents filed in federal court, as well as statements made in public court proceedings, on July 15, 2020, shortly after 4:30 a.m., Smith and Carberry set a marked NYPD Homeless Outreach Unit van (NYPD Van) on the northwest corner of 12th Street and University Place on fire using ignitable liquid. More specifically, as surveillance footage shows, as Smith walked by the NYPD Van, Carberry handed Smith a bottle filled with ignitable liquid, with which Smith then attempted to set fire to the NYPD Van.
After seeing that the NYPD Van was not fully engulfed in flames, Carberry again handed Smith the bottle of ignitable liquid and Smith circled back to the NYPD Van with more accelerant, and set it ablaze once more, thereby assuring the complete destruction of the NYPD Van.
V. Former Analyst Charged With $8 Million Insider Trading Scheme for Front-Running Employer’s Pending Trades
On September 23, 2021, the U.S. Attorney for the Southern District of New York, Audrey Strauss, along with Michael J. Driscoll, the Assistant Director-in-Charge of the FBI’s New York Field Office, announced the unsealing of a complaint charging Sergei Polevikov with securities fraud, wire fraud, and investment company fraud in connection with his fraudulent scheme to misappropriate confidential information about pending trades by his employer, an investment adviser, on behalf of its investment company clients. Polevikov was arrested Sept. 22 and was presented Sept. 23 before Magistrate Judge James L. Cott.
According to the allegations contained in the Complaint, from at least in or about 2014 through in or about October 2019, Sergei Polevikov was employed as a quantitative analyst at an asset management firm with headquarters in New York, New York (the “Employer Firm”). In his role at the Employer Firm, Polevikov had regular access to information regarding contemplated securities trades on behalf of the Employer Firm’s clients, which included investment companies.
During the period charged in the Complaint, Polevikov engaged in a front-running scheme to misappropriate confidential, material, nonpublic information about the securities trade orders of the Employer Firm on behalf of its clients to engage in short-term personal securities trading in a brokerage account opened in his wife’s name. Polevikov’s scheme was designed to profit by executing trades that take advantage of relatively small price movements in a company’s stock that follow from large securities orders executed by the Employer Firm on behalf of its clients.
In total, Polevikov’s scheme yielded more than $8.5 million in illicit profits.