Friday, February 22, 2019

Sad!

New York County District Attorney Cyrus Vance Jr. is ready to file an array of tax and other charges against Manafort, according to two people familiar with the matter, something seen as an insurance policy should the president exercise his [pardoning] power to free the former aide. Skirting laws that protect defendants from being charged twice for the same offense has been one of Vance’s challenges.

  Bloomberg
I thought that was why Mueller didn't charge Manafort with everything he could have - to leave room for the State of New York.
While their full extent isn’t clear, they would include evasion of New York taxes and violations of state laws requiring companies to keep accurate books and records, according to one of the people, who asked not to be identified because the investigation is confidential.

[...]

New York law allows defendants who have already been convicted of evading federal taxes to be charged with the same conduct as it applies to state taxes. As a part-time resident of New York, Manafort has some exposure.

[...]

Manafort was convicted of eight felonies, pleaded guilty to two more and is scheduled to be sentenced next month for those federal crimes.

[...]

The president, who has bemoaned Manafort’s treatment at the hands of Mueller, said in November that he has not ruled out a pardon.

[...]

Prosecutors in Vance’s office began investigating Manafort in 2017, months before Mueller charged him with conspiracy, failure to file reports of foreign bank accounts and failure to register as an agent of a foreign country, activities stemming from his earlier work for Ukraine. Mueller’s team followed up with more charges of bank fraud, filing false tax returns and failure to file reports of foreign bank accounts in early 2018.

[...]

Manafort’s legal team would almost certainly challenge the state’s efforts, invoking constitutional protections. New York’s double jeopardy provisions have frustrated state authorities in the past, said John Moscow, who prosecuted global bank fraud and money laundering cases under Vance’s predecessor Robert Morgenthau.

“My suggestion is to change the double jeopardy statute in New York to permit prosecutions with this kind of conduct in mind,” said Moscow, who is now at Lewis Baach LLC and isn’t involved in the matter. “As interpreted, the statute is too broad and needs to be rethought.”

[...]

Former New York Attorney General Eric Schneiderman anticipated this concern last year when he urged Albany lawmakers to tweak the state’s robust double jeopardy protections to allow local prosecutors to charge individuals convicted of federal crimes but pardoned by the president. The state legislature didn’t follow through on his request.

[...]

Along with commuting some sentences, Trump has issued seven pardons, several of them to staunch political allies including Sheriff Joe Arpaio of Arizona and conservative commentator Dinesh D’Souza. At times he has seemed to relish his clemency power, musing about a possible pardon for Martha Stewart and commuting the sentence of former Illinois Governor Rod Blagojevich.
Yes, but none of them was personally involved with him, and I wouldn't count on a pardon if I were anyone who was. He's a nasty fellow.

...but hey, do what you want...you will anyway.

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