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Paul Manafort’s fraud case in New York was dismissed, blocking local prosecutors’ effort to undercut a potential Trump pardon Paul Manafort’s fraud case in New York was dismissed, blocking local prosecutors’ effort to undercut a potential Trump pardon
(30 minutes later)
NEW YORK — A state judge in Manhattan dismissed Paul Manafort's residential mortgage fraud case Wednesday, deciding the local charges brought against President Trump's disgraced former campaign chairman amounted to a double-jeopardy violation.NEW YORK — A state judge in Manhattan dismissed Paul Manafort's residential mortgage fraud case Wednesday, deciding the local charges brought against President Trump's disgraced former campaign chairman amounted to a double-jeopardy violation.
It is a significant victory for Manafort, 70, who was previously convicted in a pair of federal cases stemming from special counsel Robert S. Mueller III’s investigation of 2016 election interference. The Manhattan District Attorney’s Office brought its case in an effort to ensure that Manafort, who is serving a 7½ -year prison sentence, would be held accountable and remain in custody should Trump pardon him for the federal convictions.It is a significant victory for Manafort, 70, who was previously convicted in a pair of federal cases stemming from special counsel Robert S. Mueller III’s investigation of 2016 election interference. The Manhattan District Attorney’s Office brought its case in an effort to ensure that Manafort, who is serving a 7½ -year prison sentence, would be held accountable and remain in custody should Trump pardon him for the federal convictions.
Manafort was hospitalized in recent days and did not appear in court. Trump has watched the proceedings closely, suggesting he sympathized with Manafort, though the president has not said publicly that he would pardon him.Manafort was hospitalized in recent days and did not appear in court. Trump has watched the proceedings closely, suggesting he sympathized with Manafort, though the president has not said publicly that he would pardon him.
Paul Manafort hospitalized in stable condition, attorney saysPaul Manafort hospitalized in stable condition, attorney says
In announcing his decision, Manhattan Supreme Court Justice Maxwell Wiley said that New York state law prohibits the type of case brought by Cyrus R. Vance Jr., the district attorney. With limited exceptions, the premise of double jeopardy prevents multiple prosecutions stemming from the same crimes.In announcing his decision, Manhattan Supreme Court Justice Maxwell Wiley said that New York state law prohibits the type of case brought by Cyrus R. Vance Jr., the district attorney. With limited exceptions, the premise of double jeopardy prevents multiple prosecutions stemming from the same crimes.
“Basically, the law of double jeopardy in New York State provides a very narrow window for prosecution,” Wiley said during Wednesday’s brief court proceeding. He issued a 26-page ruling detailing his finding.“Basically, the law of double jeopardy in New York State provides a very narrow window for prosecution,” Wiley said during Wednesday’s brief court proceeding. He issued a 26-page ruling detailing his finding.
Danny Frost, a spokesman for Vance’s office, said litigation would continue.Danny Frost, a spokesman for Vance’s office, said litigation would continue.
“We will appeal today’s decision and will continue working to ensure that Mr. Manafort is held accountable for the criminal conduct against the People of New York that is alleged in the indictment,” Frost said in a statement.“We will appeal today’s decision and will continue working to ensure that Mr. Manafort is held accountable for the criminal conduct against the People of New York that is alleged in the indictment,” Frost said in a statement.
Paul Manafort sentenced to a total of 7.5 years in prison for conspiracy and fraud, and charged with mortgage fraud in N.Y.Paul Manafort sentenced to a total of 7.5 years in prison for conspiracy and fraud, and charged with mortgage fraud in N.Y.
The district attorney’s office alleged that Manafort defrauded three banks — Citizens Bank, Federal Savings Bank and Banc of California — to obtain loans for four properties in New York City and Long Island.The district attorney’s office alleged that Manafort defrauded three banks — Citizens Bank, Federal Savings Bank and Banc of California — to obtain loans for four properties in New York City and Long Island.
The district attorney’s office alleged that Manafort defrauded two banks — Citizens Bank and Federal Savings Bank — to obtain loans for properties in New York City and Long Island.
Prosecutors had made technical arguments to explain why the case should beat a double-jeopardy challenge, saying there were “fresh elements” that overlapped with Manafort’s 2018 indictment for bank fraud brought in the Eastern District of Virginia. The jury in that case was undecided on seven counts, which were eventually dismissed as part of Manafort’s plea deal — making them fair game for Manhattan prosecutors to charge the corresponding crimes at the state level, the district attorney’s office argued.Prosecutors had made technical arguments to explain why the case should beat a double-jeopardy challenge, saying there were “fresh elements” that overlapped with Manafort’s 2018 indictment for bank fraud brought in the Eastern District of Virginia. The jury in that case was undecided on seven counts, which were eventually dismissed as part of Manafort’s plea deal — making them fair game for Manhattan prosecutors to charge the corresponding crimes at the state level, the district attorney’s office argued.
Manafort’s lawyers had argued that he was already charged and convicted of the same crimes in one of his federal cases — the tax and bank fraud case tried in federal court in Alexandria, Va. The other case was tried in federal court in the District.Manafort’s lawyers had argued that he was already charged and convicted of the same crimes in one of his federal cases — the tax and bank fraud case tried in federal court in Alexandria, Va. The other case was tried in federal court in the District.
Wiley, the New York judge, decided that the leftover counts from Virginia were “previously prosecuted” and that a new case based on the same conduct is prohibited. He wrote in his decision that the district attorney’s office disregarded the “clear meaning” of the words of the federal judge in Virginia when he formally dismissed the counts last year.Wiley, the New York judge, decided that the leftover counts from Virginia were “previously prosecuted” and that a new case based on the same conduct is prohibited. He wrote in his decision that the district attorney’s office disregarded the “clear meaning” of the words of the federal judge in Virginia when he formally dismissed the counts last year.
While prosecutors did demonstrate there were new elements at play, they failed to show that their case represented “very different kinds of harms or evils,” Wiley wrote.While prosecutors did demonstrate there were new elements at play, they failed to show that their case represented “very different kinds of harms or evils,” Wiley wrote.
Manafort was tapped to lead Trump’s 2016 campaign in March of that year and held the role until August, when he resigned amid scrutiny of his past work as a political consultant in Ukraine.Manafort was tapped to lead Trump’s 2016 campaign in March of that year and held the role until August, when he resigned amid scrutiny of his past work as a political consultant in Ukraine.
In that time, Manafort had extensive contacts with influential Russians and Ukrainians, and remained involved in Ukrainian politics into 2018, after he was indicted by Mueller, authorities have said. He has admitted to violating U.S. law by failing to register as a lobbyist for Ukraine.In that time, Manafort had extensive contacts with influential Russians and Ukrainians, and remained involved in Ukrainian politics into 2018, after he was indicted by Mueller, authorities have said. He has admitted to violating U.S. law by failing to register as a lobbyist for Ukraine.
Manafort is serving his prison term at a federal penitentiary in Pennsylvania.Manafort is serving his prison term at a federal penitentiary in Pennsylvania.