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SDNY COURTHOUSE, Feb 2 – Ruless Pierre was convicted of securities fraud and embezzlement. Inner City Press covered the trial, see below.
On June 10, his Simpson Thacher CJA lawyers moved for acquittal, arguing that the “Amongst Friends Promissory Notes” were not securities.
On August 4, Pierre’s sentencing was pushed back to October 15: “MEMO ENDORSEMENT as to Ruless Pierre on  LETTER MOTION addressed to Judge Sidney H. Stein from Brooke E. Cucinella dated August 4, 2021 re: adjournment of sentencing date and related deadlines. ENDORSEMENT: Objections to the PSR shall be filed by August 19, 2021. The sentencing is adjourned to October 15, 2021, at 12:00 p.m. The defense submissions are due by October 1, the government submissions are due by October 8. SO ORDERED. (Sentencing set for 10/15/2021 at 12:00 PM before Judge Sidney H. Stein) (Signed by Judge Sidney H. Stein on 8/4/2021).”
On September 27, Pierre’s lawyers wrote in seeking to push sentencing back from October 15 for 45 days, but not in the final two weeks of December, as Pierre “has been dealing with certain family issues.”
On September 28, Judge Stein ordered: “Set/Reset Hearings as to Ruless Pierre: Sentencing set for 12/28/2021 at 10:00 AM before Judge Sidney H. Stein.”
Then, again: “ENDORSED LETTER as to Ruless Pierre addressed to Judge Sidney H. Stein from Brooke E. Cucinella, dated 2/1/2022, re: Request for adjournment of sentencing. ENDORSEMENT: The sentencing is adjourned to March 7, 2022, at 4:30 p.m. The defense submissions are due by February 22, the government submissions are due by March 1, 2022. SO ORDERED. (Sentencing set for 3/7/2022 at 04:30 PM before Judge Sidney H. Stein).”
On May 17, U.S. District Court for the Southern District of New York Judge Sidney H. Stein began an in-person jury trial in the case.
Assistant U.S. Attorney Robert Boone said Pierre defrauded his Haitian compatriots and devoted the money to expensive meals.
The witness worked for a hotel in Palisades, New York, embezzlement from which Pierre is charged.
On Marcy 18, with the trial paused for a day, Inner City Press ] reported on the record that the US Attorney’s Office offered Pierre a plea agreement with a stipulated guidelines range of 51 to 63 months’ imprisonment. It was rejected.
On May 20, AUSA Boone was questioning a victim of Pierre’s, who seemed to say she was compensated from bringing in more victims. She was to withdraw $43.05 as a test, she said.
On May 24, Pierre’s CJA lawyer Brooke Cucinella of Simpson Thacher cross examined at length about charts showing Pierre’s finances, including his purchase of a Planet Wings franchise, and payments over Zell.
Judge Stein asked the witness, to friendly laughter from the jury, Do you have a Zell account? He told the lawyers, including AUSA Drew Skinner who did the re-cross, to “chill.”
There is a mystery as to May 25 on which we hope to have more. The only thing filed in the docket was an additional notice of appearance for Ruless Pierre, by Jacob Lundqvist.
On the morning of May 26, AUSA Skinner gave the government’s summation, including using slides to detail each charge, concluding with “the Planet Wings Scheme.” He said Ms. Pamphile was charged hundreds of thousands of dollars for a store that cost only $50,000, and then was told to delete her text messages. The jury was escorted down to lunch together, presumably not Planet Wings but rather than often name-changing 8th floor cafe.
In the afternoon, Pierre’s lawyer Brooke Cucinella emphasized that her client didn’t suddenly pay off his debts, for example to Ally for the Porsche, and had sent bills to those who traveled with him each year to Miami for Haitian Flag Day, staying in the Fontainbleu (said Fountain-Blue) hotel. Hold the government to its burden, she said.
Watch this site.
The case is US v. Pierre, 19-cr-783 (Stein)
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