Showing posts with label Manafort trials. Show all posts
Showing posts with label Manafort trials. Show all posts

Thursday, March 14, 2019

Some thoughts on Manafort's NY charges

From former federal and NY prosecutor, Daniel Alonso:



On #3, because the jury hung and the defense sought a mistrial, those charges are highly likely *not* to be subject to 's expansive "transaction test" for double jeopardy. On #1 and #2, question is whether the federal counts and NY counts have at least 1 different element (they do), AND whether they were "designed to prevent very different kinds of harm or evil."

For falsifying business records, there's a very good argument (likely correct) that that charge was to prevent a very different harm/evil than federal bank fraud, since no federal analogue was charged. (Counterargument is false records charge requires "intent to defraud").

For #1, bank frauds for which Manafort *was* convicted, it's a tougher road for . Argument that DA will have to win is that mortgage fraud was designed for different harm than bank fraud.

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

Wednesday, March 13, 2019

Stop the presses! Manafort may spend his remaining days in jail after all

Paul J. Manafort, President Trump’s former campaign chairman, has been charged in New York with mortgage fraud and more than a dozen other state felonies, the Manhattan district attorney, Cyrus R. Vance, Jr., said Wednesday.

  NYT
And he can't even be pardoned from those.
News of the indictment came shortly after Mr. Manafort was sentenced to his second federal prison term in two weeks; he now faces a combined sentence of more than seven years for tax and bank fraud and conspiracy in two related cases brought by the special counsel, Robert S. Mueller III.
And he was probably feeling damned cocky about it, too. Then DA Vance yanked that away from him. Not even a chance to rejoice.
The new state charges against Mr. Manafort are contained in a 16-count indictment that alleges a yearlong scheme in which he falsified business records to obtain millions of dollars in loans, Mr. Vance said in a news release after the federal sentencing.

“No one is beyond the law in New York,” he said, adding that the investigation by the prosecutors in his office had “yielded serious criminal charges for which the defendant has not been held accountable.”
A little preview of what's in store for His Lardship?
The indictment grew out of an investigation that began in 2017, when the Manhattan prosecutors began examining loans Mr. Manafort received from two banks.

Last week, a grand jury hearing evidence in the case voted to charge Mr. Manafort with residential mortgage fraud, conspiracy, falsifying business records and other charges.
And I don't believe New York can try him for those, so I wonder what else they have.
Mr. Manafort’s lawyers likely will challenge the new indictment on double jeopardy grounds. New York state law includes stronger protections than those provided by the United States Constitution, but prosecutors in Mr. Vance’s office have expressed confidence that they would prevail, people with knowledge of the matter said.

[...]

The loans were also the subject of Mr. Mueller’s investigation and were the basis for some of the counts in the federal indictment that led to Mr. Manafort’s conviction last year in Virginia. But the Manhattan prosecutors deferred their inquiry in order not to interfere with Mr. Mueller’s larger investigation into Russian meddling in the 2016 presidential election.

[...]

He could face up to 25 years in New York state prison if convicted of the most serious charges in the new indictment, which is expected to be announced later on Wednesday.
Stay tuned.  Everyone looking for some schadenfreude may be gifted the same.


Also, I don't know if this is one of those deals where they file charges to stop the statute of limitations running but can't actually prosecute until he's out of prison, or how this works.  I suppose we'll find out.

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

UPDATE:



Some thoughts on the charges from former NY prosecutor.

Thursday, March 7, 2019

Attorney Ken White on Manafort's sweet sentence




I wouldn't be surprised.




From what I read of Ellis during the trial and the sentencing, that's giving him way too much credit.  


What's that hip-hop saying?  If you can't do the time, don't do the crime.  Paul Manafort was born with all the advantages of anyone on this earth, and he chose to be a gangster.


Bingo.  White privilege, and I'm suspecting a sleazy if not dirty judge.

UPDATE:




pourmecoffee asks the $64,000 question (read around the typos; he must have been shocked to the point he couldn't type by Ellis' light sentence):








UPDATE:





Ordinarily I would absolutely agree.  But this is not your normal white collar criminal who got busted.  This is a man who spent years working against the interests of the United States and for international mobsters.  I realize this case did not involve collusion with Russia, but it did involve tax fraud and money laundering, both of which are harmful to the country and pose a security risk.  Also, he didn't stop trying to commit crimes, including witness tampering, and made a fake cooperation deal.  He can't be trusted on the outside.

Saturday, February 16, 2019

That escalated quickly

Mueller’s team said in a court filing that Manafort should face a prison term of 235 to 292 months, or between 19 and a half and 24 and a half years, for “serious, longstanding, and bold” financial crimes.

Manafort, 69, could also receive financial penalties totaling more than $50m, according to the filing by Mueller’s prosecutors. His sentence will be decided by federal judge TS Ellis.

The new court filing dealt with Manafort’s convictions in Virginia last year for fraud and other crimes that the veteran political consultant began committing before he joined Trump’s campaign in 2016.

“Manafort acted for more than a decade as if he were above the law, and deprived the federal government and various financial institutions of millions of dollars,” Mueller’s team said. “The sentence here should reflect the seriousness of these crimes, and serve to both deter Manafort and others from engaging in such conduct.”

[...]

The court filing said Manafort was the ringleader of a financial criminal operation that also involved his accountants, Kilimnik and Rick Gates, Manafort’s deputy chairman on the Trump campaign. Gates has pleaded guilty to lying to investigators.

[...]

[Judge Amy Berman] Jackson said Manafort had forced Mueller’s investigators “to pull teeth” by withholding facts if he thought he could get away with it, before learning that Mueller’s team actually already knew the truth.

By lying about the witness-tampering conspiracy with Kilimnik, Manafort also seemed to be trying to protect “his Russian conspirator” from legal peril, Jackson said, raising “legitimate questions about where his loyalties lie.”

[...]

Friday’s court filing said Manafort’s “concerted criminality”, even while out on bail and under indictment last year, should be a factor in his Virginia sentence. He also faces sentencing next month in Washington for crimes he admitted in that case.

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

UPDATE:






Friday, October 19, 2018

Gouty Paul to be sentenced in February



Also, the judge denied his request to wear a suit in court.

“Defendants who are in custody post-conviction are, as a matter of course, not entitled to appear for sentencing or any other hearing in street clothing. This defendant should be treated no differently from other defendants who are in custody post-conviction,” wrote judge T.S. Ellis in a court order, published in full by Talking Points Memo.

  Vox

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

Sunday, September 16, 2018

Friday, September 14, 2018

Manafort plea - Part 6

A little note to that one juror in Virginia...



He admitted to those charges that you couldn't bring yourself to find him guilty of.

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

Manafort plea - Part 3

This article from last November may explain the "admission" vs. "plea" issue I had in a previous post.
Why is special counsel Robert Mueller bringing so few charges against [...] Paul Manafort?

[...]

Andrew McCarthy at National Review is puzzled about Mueller’s charges for Manafort, calling it “curious” that he leaves out so many possible charges, including tax fraud and other forms of fraud. “These omissions do not make sense to me,” McCarthy writes.

[...]

Mueller’s moves may make strategic sense because of a shadow hanging over the entire investigation: the potential that President Donald Trump might use his presidential pardon power to protect possible accomplices in potential crimes.

[...]

On the one hand, double jeopardy rules under the Fifth Amendment prevent a second prosecution for the same crime, but the doctrine of dual sovereignty allows a state to follow a federal prosecution.

[...]

[S]tate rules can expand double jeopardy protections and limit prosecutions. In fact, New York is such a state. New York is the key state for Mueller because New York has jurisdiction over many alleged or potentially uncovered Trump–Russia crimes (conspiracy to hack/soliciting stolen goods/money laundering, etc.).

[...]

The New York statute does not allow a state prosecution to follow a federal prosecution (“a court of any jurisdiction within the United States”) for the same basic facts.

[...]

I discussed some of the parallel state felony charges in this Slate piece (also published in Just Security). In August, sources revealed that Mueller was already coordinating with [New York AG Eric] Schneiderman, likely to work out this strategy. I also noted that all of this legal background is relevant to solve an additional problem: If Trump fires Mueller, state prosecutors can carry on with his investigation and prosecutions based on parallel state laws.

  Slate
So, if Mueller leaves money laundering (and other charges) as an individual charge off the agreement, there's no complication of any interference by the federal case in a possible (very probable) state charge.  Now that I'm reminded of that, I think I recall there being concerns that New York, where Trump did his money laundering, wouldn't be able to prosecute if there were a federal suit for the same thing.

Mueller ain't stupid.    But I'm kind of surprised Manafort would agree to this.  Unless he just simply didn't have much bargaining power at all.

Manafort plea deal - Part 2

The deal dismisses deadlocked charges against Manafort from an earlier trial, but only after "successful cooperation” with Mueller’s probe into Russian election interference and whether the Trump campaign coordinated with Moscow on its efforts.

  Politico
But Sarah Sanders just told us it has nothing to do with Trump.
However, a source close to the defense told POLITICO, "the cooperation agreement does not involve the Trump campaign. ... There was no collusion with Russia."
Was that maybe Rudy?
The new charges mean that prosecutors have agreed to drop five counts, including money laundering, failing to register as a foreign agent and making false statements. Manafort admitted to those allegations as part of the umbrella conspiracy-against-the-U.S. charge, but the individual charges and the potential prison time they carry are being dismissed.
Seems weird. I don't know if that just means he avoids the extra time that might be incurred under individual charges, or what. Surely if he's admitted to them under another charge, they're still guilty pleas.*
Weissmann said Manafort is also admitting to all of the bank-fraud charges from the Virginia case. While that means Manafort won’t face another trial over those federal charges, the admission could be critical to the issue of follow-up state charges, since bank fraud can typically be charged at the state and federal level.
Yeah, so can money laundering.
The new filing also included intriguing details that showed Manafort's foreign lobbying campaign targeting former President Barack Obama and his vice president, Joe Biden.

[...]

Separately, the agreement calls for a 10-year cap on how long Manafort will be sent to prison, and for Manafort to serve time from his separate Virginia and Washington cases concurrently.

[...]

The court documents indicate that Manafort “orchestrated a scheme to have …’[O]bama jews’ put pressure on the administration” to support [Manafort's then client Ukrainian Viktor] Yanukovych.
Hold up. Shouldn't that read "calls for the prosecution to recommend a cap?" Because the agreement is between plaintiff and defendant. It's the judge who does the sentencing.

Also, if Trump Jr had any brains, he'd be shitting his pants right now. Manafort was at that Tower meeting.

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

*UPDATE:



I'm going to have to do some research into this.  I still don't understand how an admission is not the same as a plea.

FURTHER UPDATE:  I think this explains it.

Exploding heads alert

Former Trump campaign chairman Paul Manafort is pleading guilty to two federal charges stemming from special counsel Robert Mueller’s investigation and has reached a "cooperation agreement" as part of the plea deal.

Manafort has agreed to cooperate “fully and truthfully” with Mueller’s investigation, Judge Amy Berman Jackson said in court on Friday, including by submitting to interviews with the special counsel and providing documents related to the probe.

  The Hill
So much for a trial interfering with the midterms, eh?
Speaking at the hearing before U.S. District Court judge Amy Berman Jackson, Weissmann said the 17-page plea document included the terms of Manafort’s expected cooperation.

[Prosecutor Andrew] Weissmann gave a detailed, 40-minute description of the criminal conduct in the Manafort case.

“I believe it’s fair to say that’s probably the longest and most detailed summary that ever preceded this question, but is what the prosecutor said a true and accurate description of what you did in this case,” Jackson asked Manafort.

“I did. It is,” Manafort, said, resting both hands on the lectern before him and flanked by his attorney, Richard Westling.

[...]

White House press secretary Sarah Huckabee Sanders issued a brief statement following the announcement. “This had absolutely nothing to do with the President or his victorious 2016 Presidential campaign,” she said. “It is totally unrelated.”

The president’s lawyer, Rudolph W. Giuliani, said “once again an investigation has concluded with a plea having nothing to do with President Trump or the Trump campaign. The reason: the president did nothing wrong.”

  WaPo
Trump, probably: "I barely knew the guy. NO COLLUSION!"
A criminal information — a legal document filed by prosecutors to detail the criminal conduct to be admitted by the defendant — was filed in advance of the plea. The document shows Manafort intends to plead guilty to two crimes of the seven he faced at trial: conspiring to defraud the United States and conspiring to obstruct justice.

The document indicates he will admit to funneling millions of dollars in payments into offshore accounts to conceal his income from the Internal Revenue Service. “Manafort cheated the United States out of over $15 million in taxes,” the document states.

The filing also offers new details about the various ways in which Manafort sought to surreptitiously lobby the U.S. government and influence American public opinion toward Ukraine.

[...]

As part of his deal, the government plans to seize four properties, including a nearly $2 million house in Arlington, Virginia, owned by one of Manafort’s daughters. The deal also calls for forfeiture of four financial accounts and a life insurance policy.

The move toward a guilty plea is another reversal for Manafort, who has fought vociferously — but unsuccessfully — against Mueller’s probe. The 69-year-old political consultant was convicted last month in Alexandria federal court on charges of bank and tax fraud.

He has yet to be sentenced in Virginia, where legal experts say he faces eight to 10 years in prison under federal guidelines on the eight of 18 counts on which he was convicted.

[...]

Earlier this year, Manafort derided Gates, his former business partner, for striking a deal with prosecutors that provided him leniency in exchange for testimony against his former partner.

“I had hoped and expected my business colleague would have had the strength to continue the battle to prove our innocence,” Manafort said in February.

[...]

Several defendants have cooperated or pleaded guilty in connection with the special counsel probe, including Manafort’s former right-hand man Rick Gates; former national security adviser Michael Flynn; Alex van der Zwaan, a lawyer who worked with Manafort; W. Samuel Patten, who admitted arranging for a Ukrainian businessman to illegally donate to Trump’s inauguration; and former Trump foreign policy adviser George Papadopoulos, who was sentenced to 14 days in jail last week after pleading guilty to lying to the FBI.
The best people. No, wait, make that: Trump didn't do anything wrong.
The decision by Trump’s onetime personal lawyer Michael Cohen to plead guilty last month in a federal investigation in Manhattan particularly angered the president, who denounced him as a “flipper.”

[...]

Prosecutors “applied tremendous pressure on him and . . . he refused to ‘break’ - make up stories in order to get a ‘deal,’ ” the president tweeted last month. “Such respect for a brave man!”
Can't wait to see what he has to say about Manafort now.


Tuesday, August 28, 2018

Manafort DC trial update

The federal judge overseeing former Trump campaign chairman Paul Manafort’s upcoming trial in Washington granted a request by his defense attorneys for a one-week delay for opening statements, CNBC is reporting.

The ruling from Judge Amy Berman Jackson during a pretrial hearing Tuesday means opening arguments will be delayed until Sept. 24. Jury selection will still begin on Sept. 17.

[...]

Manafort faces seven charges in the Washington trial, including illegal foreign lobbying and conspiracy to launder money.

[...]

Jackson will also allow prosecutors to introduce evidence related to Manafort’s lobbying activities in the 1980s, while limiting the scope of the evidence.

[...]

Jackson said she would limit the evidence introduced by Mueller’s team to avoid a “trial within a trial” that could lead to the jury reviewing troves of documents.

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

Thursday, August 23, 2018

All you need is one

“There was one holdout,” [a] juror in the trial, Paula Duncan, said in an interview. We all tried to convince her to look at the paper trail. We laid it out in front of her again and again and she still said that she had a reasonable doubt.“

[...]

“I thought that the public, America, needed to know how close this was and the evidence was overwhelming,” she said.

Duncan said she was a Trump supporter and wanted to believe that Manafort was innocent. She noted that even his critics had described him as a brilliant political consultant and that Trump had trusted him with overseeing his campaign.

“I did not want Paul Manafort to be guilty. But he was and no one is above the law.”

[...]

Duncan said the deliberations were heated at times, leading some jurors to tears at one point, but that politics did not influence their decision-making.

“I think we all went in there like we were supposed to and assumed that Mr Manafort was innocent. We did due diligence, we applied the evidence, our notes, the witnesses and we came out with guilty verdicts on the eight counts,” she said.

[...]

Duncan said some of the jurors had a problem accepting the testimony of Rick Gates, Manafort’s former right-hand man, because he was testifying as part of a plea deal and “would have done anything that he could to preserve himself”.

She said the jury decided to not consider Gates’s testimony and focus instead on the documentary evidence. Duncan had tough words for attorneys on both sides.

She said the prosecution looked bored at times and that she saw two of them napping. Manafort’s lawyers, on the other hand, gave short cross-examinations, rarely objected and gave off an “easygoing” vibe, she said.

“I think I expected a little more,” Duncan said.

  Guardian
A non-sequestered jury in a trial of a man who was in prison for witness tampering. If not for the fact that the holdout voted to convict on 8 counts, we could have had some real shit.

Apparently, they did have some real problems during the trial, aside from the judge being a dick.
The transcripts show Manafort’s defense team asked for a mistrial on multiple occasions, but those requests were denied by the judge.

  WaPo
Interesting because Manafort's lawyer Kevin Downing told NPR that Manafort got a fair trial.
[A]female juror expressed concerns that a handful of others on the panel were talking about the case before deliberations — which is prohibited by court rules.

Judge T.S. Ellis III called the unidentified juror in for a private discussion, in which she said another juror had recently said to her that “the defense was weak,” or words to that effect. That same juror had also said that about three jurors total had made comments that concerned her.

[...]

The dispute, for a time, showed the potential for causing a serious disruption. Manafort’s defense moved for a mistrial, and attorney Kevin Downing suggested the jury contrary to the judge’s instructions, was “having discussions about the case, and people were commenting on their thoughts about the strength or weaknesses of the defense.”

[...]

On Aug. 14, with the issue still unfolding, the juror who was the subject of the initial complaint wrote a note to the judge, apparently disclosing some kind of medical condition. The exact contents of the note remain secret, but Ellis said the juror “clearly is under some stress.”
Sounds like somebody really wanted out. He didn't let her, though.
That same day, the judge questioned all 16 jurors — including the four alternates — about whether they had followed his instructions, and about whether they had heard their fellow jurors discussing the case. The first initially said “not really” when asked if they “heard any other jurors discuss the weight or effect of the evidence,” but later gave a definitive no. Fourteen others did the same, confirming they had followed the judge’s instruction.

[...]

The transcripts also reveal that the defense asked for a mistrial again on Monday when, during deliberations, jurors requested that if they had legal questions for the judge while they deliberated, that those questions should not to be read out loud in court or answered in open court.

It is standard procedure for courts to enter jury questions into the public record, and the answers provided are also typically a part of the public record.

“I’ve done this for 21 years and I’ve never had this happen,” Downing told the judge in asking for a mistrial.

Judge Ellis denied the motion but did so with an unusual rhetorical flourish, declaring that the jurors “are intimidated.”

He continued: “Were you ever in a trial with this many people and this much TV outside?”

Downing answered, “I have, I actually have.”

Ellis replied, “No, you haven’t, this is unique in American history. Yes.”

Later in the day, the judge seemed to realize his remarks could be problematic, and contradicted his statements.

He said his claim about the jurors being intimidated “is completely without any factual basis. I mean it’s sort of a human thing, but it has nothing whatever to do with the facts.” Of his assertion that American history had never seen such a trial, the judge said, “that’s kind of a ridiculous thing for me to say.”
Definitely time for Ellis to hang up his robes and turn in his gavel.

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

UPDATE:


[Duncan, a Missouri native and mother of two,] described herself as an avid supporter of President Trump, but said she was moved by four full boxes of exhibits provided by Mueller’s team – though she was skeptical about prosecutors' motives in the financial crimes case.

“Certainly Mr. Manafort got caught breaking the law, but he wouldn’t have gotten caught if they weren’t after President Trump,” Duncan said of the special counsel’s case, which she separately described as a “witch hunt to try to find Russian collusion,” borrowing a phrase Trump has used in tweets more than 100 times.

“Something that went through my mind is, this should have been a tax audit,” Duncan said, sympathizing with the foundation of the Manafort defense team’s argument.

[...]

“It was a very emotionally charged jury room – there were some tears,” Duncan said about deliberations with a group of Virginians she didn’t feel included many “fellow Republicans.”

[...]

“Every day when I drove, I had my Make America Great Again hat in the backseat,” said Duncan, who said she plans to vote for Trump again in 2020. “Just as a reminder.”

  Fox News
Well, maybe after the next Manafort trial, she'll change her mind.


Yeah, probably not.

Tuesday, August 21, 2018

NO COLLUSION!





You're going to be seeing this "no collusion" red herring thrown up by Trump defenders.  And I'm sure Trump's tweets will be full of it.

The problem with that is these charges had nothing to do with Manafort's Trump campaign affairs. They were all about personal tax and bank fraud. His next trial will come closer, dealing with money laundering and failure to register as a foreign agent.  But even that won't be about Trump campaign collusion.

The collusion trials are further in the future.

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

UPDATE:



He says the witch hunt continues.

Witches found to date:




UPDATE:



It's been found.  It just has to be litigated.

Manafort verdicts

A federal jury in Virginia convicted Paul Manafort, President Donald Trump’s former campaign chairman, on eight counts of bank and tax fraud on Tuesday, but no verdict could be reached on the 10 other charges he faced.

  NBC
Trump, who is on his way to West Virginia to talk shit, will claim that as a win for him, and proof of a witch hunt, since there were more charges they couldn't come to a unanimous conclusion on than charges where they were certain of his guilt.
The charges at issue in the Manafort trial, which began July 31 in Alexandria, Virginia, weren’t directly related to Russian interference in the 2016 election, but painted a startling picture of a senior campaign figure who appears to have had the motive, means and opportunity to help the Russians.

[...]

For Manafort, a graduate of Georgetown Law School and an adviser to five Republican presidential campaigns, it’s been a stunning collapse — first financial, and now, a life-altering criminal conviction.

A jury has found former Trump campaign chairman Paul Manafort guilty after a three-week trial on tax and bank fraud charges — a major if not complete victory for special counsel Robert S. Mueller III.

[...]

Manafort was convicted on five counts of filing false tax returns, one count of not filing a required IRS form, and two bank fraud counts.

  WaPo
He'll be awaiting his pardon.  And then he'll be going to trial September 17 in DC on the money laundering and failure to register as a foreign agent charges.

Manafort jury verdicts




Details to follow.


Movement in the Mueller investigations







Monday, August 20, 2018

The continuing circus that is the Manafort trial



If the judge is worried the jury will be threatened, why didn't he have them sequestered?

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