The Volokh Conspiracy

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Criminal Law

#TheyLied Prosecution Over Alleged Perjury and Faked Evidence

The defendant is one Rovier Carrington, who "sued Hollywood executives alleging 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."

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I missed it when it was filed in September, and just heard about it because of a procedural development:

ROVIER CARRINGTON was charged in a criminal complaint unsealed yesterday with perjury…. "As alleged, Rovier Carrington faked evidence to support a $50 million lawsuit in the Southern District of New York making extremely serious allegations, and then lied about faking that evidence under penalty of perjury. Now he will return to the Southern District of New York—this time to face criminal charges."

According to the allegations contained in the Complaint …:

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 alleging that the executives had sexually assaulted him, and that they had defrauded him in connection with a decision to refuse to produce CARRINGTON's reality television program. CARRINGTON sought damages of $50 million in the Civil Case.

In support of his allegations in the Civil Case, CARRINGTON included as exhibits to an amended complaint ten email chains that included the following purported exchanges:

CARRINGTON: I need your help. I'm not built for this. [third party] has threaten me and [Executive-1] thinks I'm supposed to constantly sleep with him for my projects. I was promised my series and reality show would make the studio a lot of money. [Third party] is a piece of shit and a pimp. I'm not a whore. After this Harvey [Weinstein] bullshit. I'm done.

Counterparty Account-1: Trend my man. You have to obey [third party] if you plan on continuing. [Executive-1] has ruined your chances after that Harvey [Weinstein] shit. I understand screwing these Hollywood fucks is tough but it's that Hollywood shit man.

CARRINGTON: Thank you for reviewing my reality concept. I have so many ideas like a bisexual love interest and I could seek a third whose fully gay, but pick only one during the finale. Major right ? Hopefully that doesn't take away from the public's interest in my dramatic series, which I'll send you. I'll discuss with [third party] and [third party] for the press. Omg, we could totally pitch to [Executive-2's company] due to you convincing [third party] to release me I just request you protect me from him and [Executive-1] who ruined my [third party company] deal. I must mention, I pondered if you had me eradicate my business relationship with [third party] just so you could own me and not really produce my shows… You totally request sex before business so just thoughts.

Executive-2: Babe, all I can think about is pounding you like I did when you were a boy. Daddy owns you. My boy… 🙂

But those email chains were faked. In response to an investigation by the District Court overseeing the Civil Case, CARRINGTON was unable to produce the original versions of any of the email chains. The versions of the email chains attached to the amended complaint could also not be located in the email accounts belonging to others that had allegedly sent and received the emails chains. Moreover, law enforcement determined that versions of two of the email chains attached to the amended complaint did in fact exist in the email accounts belonging to others, although the versions attached to the amended complaint had been substantially altered by CARRINGTON in order to support his allegations in the Civil Case.

CARRINGTON deleted the contents of one of his email accounts that allegedly contained some of the email chains the day after he filed the amended complaint. He deleted the contents of another of his email accounts that allegedly contained some of the email chains two months later, in violation of a preservation order that the District Court had issued in the Civil Case.

CARRINGTON submitted a statement swearing under penalty of perjury that the email chains in the amended complaint had not been faked or altered….

The charges in the Complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty.

For more on that new procedural development, see "Arrest Order Issued for Rovier Carrington After No-Show in Criminal Case," Hollywood Reporter (Winston Cho), and this filing, which includes the judge's response.