The New York City, Manhattan, District Attorney’s Office is considering pursuing Criminal Charges against the Trump Organization and Two Senior Company Officials in connection with Michael D. Cohen’s Hush Money Payment to an Adult Film Actress. The Office’s Review of the matter is in its earliest stages and Prosecutors have not yet made a decision on whether to proceed. State Charges against the Company or its Executives could be significant because Trump has talked about Pardoning some of his Current or Former Aides who have faced Federal Charges. As President, he has No Power to Pardon People and Corporate Entities Convicted of State Crimes.
But the State will have to Change New York’s Criminal Procedure Law, a Federal Conviction or Guilty Plea triggers “Jeopardy,” meaning that a Second Prosecution for the Same Crime under State or Local Law would be Unconstitutional “Double Jeopardy.”
The Trump Organization recorded the Reimbursement as a Legal Expense. But Cohen, Trump’s longtime Fixer, said on Tuesday that he Paid Ms. Clifford, better known as Stormy Daniels, to Buy her Silence during the 2016 Campaign. Federal Prosecutors have said the Reimbursement Payments were for Sham Legal Invoices in connection with a Nonexistent Retainer Agreement. Cohen, who pleaded Guilty to Federal Campaign Finance Charges, did No Legal Work in Connection with the Matter, Prosecutors said. “On its face, it certainly would be problematic,” said one of the Officials, noting that Listing the Reimbursement as a Legal Expense could be a Felony under State Law.
As the District Attorney, Cyrus R. Vance Jr., considers Opening an Investigation, the New York State Attorney General’s Office has moved to Open a Criminal Investigation into whether Cohen has Violated State Tax Law, an Inquiry that would be Unrelated to the Federal Tax Evasion Charges that he pleaded Guilty to on Tuesday.
The Attorney General, Barbara D. Underwood, in recent days sought a Referral from the State Department of Taxation and Finance, which is needed to Conduct such an Inquiry and to Prosecute any Violations of State Tax Law it might uncover. Such Requests are seldom Denied. The State’s Double Jeopardy Laws do not apply to Tax Crimes. First, did Cohen Report the Monthly Reimbursements of $35,000 for a Total of $420,000 as Income? Cohen is also being investigated for not Paying Yearly Taxes on his Cab Empire of City Fees added to each Cab Ride.
New York Attorney General Barbara D. Underwood and Acting Commissioner of Taxation and Finance Nonie Manion have announced that New York's so-called “Taxi King” has pleaded Guilty to Tax Fraud. Evgeny “Gene” Freidman, a Russian Immigrant, pleaded Guilty to a Single Count of Criminal Tax Fraud, agreeing that he Failed to Remit $5 Million in MTA Surcharge Taxes between 2012 and 2015. Freidman ran Cohen's New York City Taxi Business till 2016. He just Flipped on the Flipper, Cohen, and got No Jail Time.
Prosecutors in the District Attorney’s Office have reviewed the Court Papers containing the Campaign Finance Charges and other Federal Crimes to which Cohen pleaded Guilty on Tuesday in United States District Court in Manhattan. The Papers provide some Details about how Two Trump Organization Executives handled the Reimbursement and Recorded them as Legal Fees.
Manhattan Prosecutors are focused on whether Business Records were Falsified. That could be Charged as a Low-Level Felony, or as a Misdemeanor. It’s a Misdemeanor for a Person or Company to make a False Entry in a Business Record or cause one to be made, with Intent to Defraud. It becomes a Felony if it is done to Commit or Conceal another Crime.
A State Investigation into possible Violations of State Law could be Complicated or Delayed by Three other Open Inquiries relating to Trump: The Federal Investigation into Cohen; the Inquiry by the Special Counsel, Robert S. Mueller III, into Russia’s Interference in the 2016 Election; and a Lawsuit that the State Attorney General has brought against the Trump Foundation, a Charity.
The Charity has been closed, and the New York Attorney General Opened a Case that would Remove the Foundation, Forbid Trump to take a Position at Any Nonprofit Foundation for Ten Years. And Forbid his Kids who were, Board Directors, for One Year.
After a Two-Year Investigation, the State Attorney General’s Office filed a Lawsuit against the President’s Charitable Foundation, the Donald J. Trump Foundation. The Office Accused the Foundation of campaign Finance Violations, Self-Dealing and Illegal Coordination with Trump’s Presidential Campaign. The Investigation began soon after the 2016 Presidential Election and following an Investigation conducted by The Washington Post that Uncovered many of the Questionable Expenditures addressed in the Lawsuit. These included using Foundation Money to pay for Legal Expenses incurred by Trump’s Private Businesses, Paying for a New Fountain outside of Trump Tower, and Purchasing a $10,000 Portrait of Trump that used to Hang in One of his Golf Clubs.
The Lawsuit alleges that the Trump Foundation effectively became an Illegal Arm of the Trump Campaign, with Emails showing that Campaign Manager Corey Lewandowski Directed the Foundation’s Spending, even though that is Illegal. The Attorney General’s Office is seeking over $2.8 Million in Restitution, stating that is the Sum that the Foundation Raised in Illegal In-Kind Campaign Contributions.
About a Month after the Attorney General’s Office Announced its Lawsuit, The New York Times Reported that the New York State Department of Taxation and Finances Opened an Investigation to Examine whether the Donald J. Trump Foundation Violated State Tax Law. While it is expected to cover some of the same ground as the above Lawsuit, this Criminal Investigation could Uncover further Information, such as Trump’s Tax Returns. The Agency can Refer its Findings to Law Enforcement, such as the Attorney General’s Office, at the Close of the Investigation if it reveals Criminal Activity, or it could Present the Findings to a Grand Jury.
NYC Wins When Everyone Can Vote! Michael H. Drucker
No comments:
Post a Comment