New York Has Prepared Paul Manafort Charges If Trump Pardons Him
Source: Bloomberg
New York state prosecutors have put together a criminal case against Paul Manafort that they could file quickly if the former chairman of Donald Trumps 2016 campaign receives a presidential pardon.
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 power to free the former aide. Skirting laws that protect defendants from being charged twice for the same offense has been one of Vances challenges.
Manafort was convicted of eight felonies, pleaded guilty to two more and is scheduled to be sentenced next month for those federal crimes. Prosecutors working for Special Counsel Robert Mueller have recommended as long as 24 years, a virtual life sentence, for the 69-year-old political consultant.
The president, who has bemoaned Manaforts treatment at the hands of Mueller, said in November that he has not ruled out a pardon. He has frequently talked of his broad pardon power, possibly extending even to himself, and acted to liberate two political allies previously.
Read more: https://www.bloomberg.com/news/articles/2019-02-22/new-york-is-said-to-prep-manafort-charges-if-trump-pardons-him
The article says the charges avoid New York's double jeopardy laws.
hlthe2b
(101,730 posts)lagomorph777
(30,613 posts)mobeau69
(11,079 posts)louis c
(8,652 posts)Although, I don't understand the reasoning. If I fail to declare the proper amount of my income on my Federal Tax Return, that should be a separate crime than doing the same thing on my State Tax Return.
For example, if I cheat you by not paying my feed bill and then cheat your competitor at the same time, those are two separate crimes. Or, if I don't pay my electric bill, it's a separate non-payment than my not paying my gas bill.
I never could understand that law.
lagomorph777
(30,613 posts)louis c
(8,652 posts)...a pardon is as if you were never charged with the crime. The state charge will be treated like a first offense after a pardon. The NY law was put in place to prevent a person acquitted of a crime from being charged a second time. A pardon is not an acquittal.
PoliticAverse
(26,366 posts)tinrobot
(10,848 posts)Incorrect. The crime stays on the record, however, the prison time is not served. Joe Arpaio found this out.
Manafort could be charged on crimes not pursued by Mueller, which are many, as well as the ones that were charged but not completed because of the hung jury.
Hassin Bin Sober
(26,272 posts)More at link
A Lone Holdout Juror Actually Made It More Likely That Paul Manafort Will Go to Jail Even if Trump Pardons Him
https://slate.com/news-and-politics/2018/08/paul-manafort-will-likely-go-to-jail-if-trump-pardons-him-thanks-to-a-lone-holdout-juror.html
Last November, I explained how Muellers team seemed to be strategizing a way to outmaneuver Trumps pardons when they initially brought charges against Manafort. Prosecutors appeared to be holding back some charges for states to bring, just in case Trump pardoned Manafort. Presidential pardons only address federal crimes, which means Manafort could face state charges for the same acts.
Federal double jeopardy law would not be an issue here. The doctrine of dual sovereignty allows the federal and state governments to prosecute the same crimes. The problem is that many states broaden double jeopardy protections to prevent the bringing of state charges after a federal prosecution. Ive explained in Slate that New York and Pennsylvania have such a rule. It turns out that Virginia and California do, too. But because of some likely combination of prosecutorial skill and luck, Manafort still faces prosecutions in those states, plus perhaps Illinois and others.
Lets first focus on just the crimes for which Manafort has already been tried. This week, he was convicted of five counts of tax fraud, two counts of bank fraud, and one count of failing to report a foreign bank account. In New York and Virginia, where he held residences, double jeopardy laws prevent him from being charged for the exact same crimes. But state tax fraud is a distinct crime, one that he almost certainly also committed. When one fraudulently hides income from the federal government, one has to hide that same income fraudulently in state tax returns in order to avoid incriminating inconsistencies.
Virginias double jeopardy statute bars secondary state prosecutions for committing the same act in violation of both a state and a federal statute. Filing a state tax return, though, is a separate act from filing a federal return. So filing an unlawful state tax return in Virginia would be separate, prosecutable act from Manaforts federal filing, one that cannot be pardoned by Trump. The Virginia tax law further covers fraud, and a Virginia return that replicated his federal one would contain the same fraudulent material as his federal return.
Further devastating for Manaforts pardon hopes, according to Virginia rules of evidence, past convictions can be admissible: Such evidence is admissible if it tends to prove any relevant fact pertaining to the offense charged, such as where it is relevant to show motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, accident, or if they are part of a common scheme or plan. So in a Virginia trial against Manafort for tax fraud, these many federal convictions would be admissible and devastating.
lagomorph777
(30,613 posts)Thanks!
cstanleytech
(26,080 posts)that then leaves open the ability for the state to pursue charges.
Hassin Bin Sober
(26,272 posts).. double jeopardy.
So the charges have to be for different crimes to avoid New Yorks liberal double jeopardy protections.
PoliticAverse
(26,366 posts)different crimes. A conviction for federal tax evasion doesn't preclude a conviction for state tax evasion as well.
leftynyc
(26,060 posts)than the feds did. I think Manafort did that with several of his "scalps". He knew he was dealing with a disgusting degenerate likely to pardon anyone who supported him and wanted to avoid double jeopardy laws. Why NY hasn't changed that law yet is a mystery.
RockRaven
(14,784 posts)you can't trust him to do jack squat. I hope someone else in New York is acting as a backstop to this alleged Cy Vance backstop.
that's disappointing to see.
leftynyc
(26,060 posts)He knows he's under the spotlight and being investigated for his non-prosecutions.
Leghorn21
(13,520 posts)Im too lazy to look, but it seems to me, and I know nothing, that New Jersey and maybe Florida would have issues with Manaforts tax filings (or lack thereof)...
At any rate, thanks Cyrus Vance Jr
louis c
(8,652 posts)Leghorn21
(13,520 posts)still_one
(91,965 posts)avoid double jeopardy
getagrip_already
(14,250 posts)Paulie was charged on a fairy narrow set of charges mostly dealing with his overseas activities. Muehler knows NY has that law in place and arranged his charges to leave room for NY to act.
Remember, NY law only applies to actual federal charges. It doesn't matter the feds had evidence and could have made other charges, double jeopardy only applies to what is charged.
This is just the talking heads creating click bait. They have to have a horse race. They have to scare people. They have to get people to watch their drivel.
Also, a pardon doesn't get paulies moolah back. That was seized via civil charges which can't be pardoned. That money is gone forever.
Of course, the supreme court can upset this apple cart. If they rule double jeopardy exists for ANY pardoned crime, not just crimes charged, then NY can never bring charges against someone trump pardons. They have a case before them right now they could use to make this real.
still_one
(91,965 posts)In fact just the opposite. He indicated NY was very savey on these things, but that is this issue they need to look at so they don't duplicate the federal charges, that's all
Cold War Spook
(1,279 posts)That should leave all state crimes open to prosecution.
getagrip_already
(14,250 posts)You can't be tried twice for the same "crime". So if you are charged with murder at the federal level, and are acquitted, you can't be charged for murder under NYS law. It's the same crime, just a different jurisdiction (the same person is dead).
The crimes have to be materially different. Since there is no federal law that says you can't break NYS tax law, they couldn't charge you with that. They can charge you for breaking federal tax law, but state taxes are different, and the laws vary. So is that a different crime since it is a different tax entity?
I don't know. But that is the dance muehler and state prosecutors are performing. Muehler no doubt reviewed all the possible charges that he had evidence for and left enough for NYS to prosecute seperate and distinct crimes.
His goal was more to mount enough pressure on the smaller thugs to flip[ and give up info on the bigger thugs, then to maximize harm to the target.
If targets believed they could/would be pardoned and face no other charges, they would all clam up and keep trump happy.
stopwastingmymoney
(2,028 posts)getagrip_already
(14,250 posts)You know, for most people, even a single felony charge is a big deal. It means you violated a single, major law and you could spend years in prison. Even if you do something like rob a bank, you might get three or four related charges. But they would all be considered in the same trial because they are tightly related (bank robery, gun possession, evading arrest, resisting arrest, eyc).
It boggles the mind that these guys have literally dozens of separate crimes they can be charged with, in multiple jurisdictions, over many years.
It also boggles the mind these can dismissed by the gop as a witch hunt, or deep state paranoia.
No, they are major crimes. And these guys are career criminals.
Princess Turandot
(4,784 posts)That's what the question is here.
For example, if a postal worker is murdered whilst delivering the mail, the culprit could theoretically be charged in both federal court for the murder of a federal employee in the course of his work, and in state court, for murdering someone in the state. So if someone is acquitted or convicted/pardoned on the federal charge, it would likely not be possible to try them for murder in NYS court.
Failure to pay one's state/city taxes, and failure to pay federal taxes are different crimes: the feds can't prosecute someone for not paying NYS taxes. It's clear that they can prosecute Manafort in NYS for tax evasion. Depending upon how the laws are written, there may well be other state crimes applicable to him.
Years ago, federal-state double jeopardy issues didn't arise as much because there weren't federal laws against certain crimes, in particular violent felonies. The feds were content to leave prosecutions of those cases to the state courts. But more federal offenses have been added over time.
elias7
(3,976 posts)dalton99a
(81,073 posts)Maeve
(42,224 posts)Good. Damn good!
tableturner
(1,676 posts)That means almost automatic convictions in state courts for those uncharged crimes.
brooklynite
(93,873 posts)SayItLoud
(1,696 posts)Yo_Mama_Been_Loggin
(107,111 posts)ancianita
(35,813 posts)Aren't we overlooking that SCOTUS is about to hear Gamble v The United States, which challenges the dual-sovereignty settled law?
The day after Justice Kennedy's retirement, SCOTUS decided to hear the case, and Orrin Hatch submitted a 44-page amicus brief on the case.
If the dual-sovereignty doctrine were tossed by SCOTUS, as Orrin Hatch wants, then Trumps pardon could theoretically protect Manafort from state action.
Again, If Hatch gets his way ... a federal pardon would essentially block a subsequent state-level prosecution.
https://www.theatlantic.com/politics/archive/2018/09/trump-pardon-orrin-hatch-supreme-court/571285/