For
Extorting 10000 ETH Nerayoff Talked with
EDNY now Indictment Dismissed More Coming
By Matthew
Russell Lee, Patreon Maxwell
book
EDNY, May 5 – Indicted for
using strong-arm tactics to
shake down a startup company
of the cryptocurrency ETH,
Steven Nerayoff has been
facing an October 2022 trial
in the U.S. District Court for
the Southern District of New
York.
On September 9
the EDNY's Chief Judge Margo
K. Brodie held a status
conference. Inner City Press,
now reporting from and on the
EDNY, covered it.
Nerayoff's
lawyer Marc A. Agnifilo of
Brafman & Associates,
speaking for both parties said
that serious negotiations were
ongoing, and asked that the
trial be pushed back to
February 2023.
Nerayoff's
co-defendant Michael Hlady
pled guilty.
Amplification of
Oct 28: Inner City Press
reported the above based on
what was said at the September
9 conference. But to
accommodate a request, Inner
City Press is adding this
docket entry, said to
no(longer)t have a reference
to "plea discussions" but only
"discussions" -
"09/09/2022
Status conference hearing held
as to Steven Nerayoff on
September 9, 2022, before
Judge Margo K. Brodie.
Assistant U.S. Attorney
Jonathan and AUSA John
ODonnell Enright appeared on
behalf of the Government. Marc
A. Agnifilo and Zach Intrater
from Brafman & Associates,
P.C. and Michael A. Scotto
from Michael A. Scotto
attorney at Law, appeared on
behalf of Mr. Steven Nerayoff.
Mr. Steven Nerayoff appeared.
Case called. The parties made
a joint request for
adjournment of the trial. The
parties are in discussions and
working towards a
resolution...
(Court Reporter Stacy Mace.)
(Townsend, Tasha) (Entered:
09/12/2022).
Duly noted. We also
noted that the docket says
"10/18/2022
ORDER
granting 101 Motion to
Withdraw as Attorney. Marc A.
Agnifilo withdrawn from case.
as to Steven Nerayoff. Ordered
by Chief Judge Margo K. Brodie
on 10/18/2022. (WV) (Entered:
10/18/2022)."
On December 1, it
was emphasized that the
discussions between Neyaroff
and the EDNY prosecutors are
about resolution, not a guilty
plea. Again duly noted - and,
for Inner City Press, resonant
of the Truglia crypto
sentencing taking place in
SDNY, in which even after a
guilty plea the mounting offer
of restitution seems to be
leading to a non-custodial
sentence. Inner City Press
Nov. 30 coverage here.
Meanwhile
in this EDNY case, when Hlady
pleaded guilty, the
prosecutors said "Hlady and
his co-conspirator Steven
Nerayoff issued threats to
Company executives that
included destruction of the
Company if it did not agree to
demands for additional funds
and Company tokens."
Then in
March 2023,
the
prosecutors
moved to
dismiss the
indictment.
And on
May 5, the US
motion was
granted, with
more papers
(motions for
ex parte
subpoenas) forthcoming:
"MEMORANDUM
AND ORDER
denying [105]
Motion to
Dismiss as to
Steven
Nerayoff;
granting [112]
Government's
Motion to
Dismiss with
prejudice;
granting [106]
Motion to Seal
Document as to
Steven
Nerayoff;
denying [117]
Motion to
Vacate as to
Steven
Nerayoff;
denying [117]
Motion to
Amend/Correct
as to Steven
Nerayoff. For
the reasons
discussed in
the attached
Memorandum and
Order, the
Court denies
Nerayoff's
motion to
dismiss, and
grants the
Government's
motion to
dismiss the
Indictment
with
prejudice. The
Court also
denies
Nerayoff's
motion to
vacate the
Protective
Order. The
Court grants
in part and
denies in part
Nerayoff's
request in the
alternative to
unseal the
exhibits
submitted in
support of his
motion to
dismiss. The
Court also
grants
Nerayoff's
request to
unseal the
motion papers
and decision
related to the
ex parte
subpoenas the
Court issued.
The parties
are directed
to confer and
propose
redactions to
the Court's
[89] July 2022
decision and
any motion
papers related
to the ex
parte subpoena
requests.
Ordered by
Chief Judge
Margo K.
Brodie on
5/5/2023."
Watch this site.
***
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