Why is Russia such a cesspool?

[rooster59]

Manafort money laundering charge in Russia probe may face challenges

By Karen Freifeld

 

FILE PHOTO: Former Trump 2016 campaign chairman Paul Manafort leaves U.S. Federal Court after being arraigned on twelve federal charges in the investigation into alleged Russian meddling in the 2016 U.S. presidential election in Washington, U.S. October 30, 2017. REUTERS/James Lawler Duggan/File Photo

 

(Reuters) - When the lawyer for the former campaign manager of President Donald Trump attacked the money laundering charge brought against his client as flimsy, some legal experts say he may have pinpointed a potential weakness in the indictment by U.S. special counsel Robert Mueller.

 

Paul Manafort and his associate Rick Gates both pleaded not guilty on Monday to charges that they failed to disclose they were lobbying for pro-Russia former Ukrainian President Viktor Yanukovich between 2006 and 2015 and laundered tens of millions of dollars by funnelling the money through dozens of companies, partnerships and bank accounts.

 

In a court filing on Thursday, Manafort defence lawyer Kevin Downing said the money laundering count, the most serious facing his client with a 20-year maximum sentence, was based on a "tenuous legal theory" tying it to his failure to register as a foreign agent of the former Ukrainian leader.

 

Downing did not respond to a request for comment. Mueller spokesman Peter Carr declined to comment.

 

The language of the filing and defiant statements Downing made outside the courthouse following Manafort's arraignment on Monday suggest the lawyer is planning an aggressive defence of the charges, the first to be made public from Mueller's probe into Russian interference in the 2016 presidential election.

 

The Kremlin has denied meddling and Trump has said there was no collusion. Neither Trump nor his campaign was mentioned in the indictments issued on Monday.

 

Downing will also be seeking to suppress evidence he said was improperly obtained by search warrant, according to an additional filing on Friday.

 

Manafort's Virginia home was raided by Federal Bureau of Investigation agents over the summer.

 

The money laundering statute targets financial transactions involving the proceeds of "specified unlawful activity." According to the Manafort indictment, the unlawful activity was his violation of the U.S. Foreign Agent Registration Act (FARA).

 

Though the money laundering statute includes FARA violations, Seattle tax lawyer John Colvin said the charge against Manafort was not as straightforward as most other cases.

 

"It doesn’t fit the normal paradigm" of money-laundering cases involving criminal activity like drug trafficking, Colvin said. "It seems like a stretch to me."

 

FEW FARA PROSECUTIONS

 

Downing said in his Thursday filing that only six prosecutions have been brought for violating FARA in the last 50 years, producing only one conviction.

 

By pointing out the lack of previous FARA prosecutions, former federal prosecutor Mark Lee, now a white-collar defence lawyer in Philadelphia, said Downing was likely trying to suggest Manafort may not even have known he was violating the law. The section cited by Mueller requires the FARA violation to be "knowing and wilful."

 

Successfully casting doubt on whether Manafort intentionally violated FARA could knock out the money laundering charge, Lee said.

 

“If you don’t have a (specific unlawful activity), you can't by definition have a laundering," said Lee.

 

Former federal prosecutor Michael Padula, now a Miami defence lawyer, said parts of the money laundering statute also require funds to "promote" an ongoing criminal enterprise. That may be hard to show in the Manafort case, where the proceeds went to purchase real estate, expensive suits and Range Rovers for the conspirator's personal use.

 

But other lawyers said they doubted defence arguments regarding FARA would gain much traction.

 

"The idea that somebody of Mr. Manafort’s background and sophistication would not understand that, if he did what he is alleged to have done, he would be required to file as an agent of a foreign government, is, I think, laughable," said Chicago lawyer and former federal prosecutor Patrick Cotter.

 

Several lawyers noted that, even without the money laundering counts, Mueller had strong charges based on the failure of Manafort and Gates to report their overseas accounts to the Internal Revenue Service and that the entirety of the case appeared to be backed by strong documentary evidence. They also pointed out that Mueller could add more charges at a later date.

 

"It's an argument, not a get out of jail free card," said Padula of Downing's money laundering defence. "He's still got a tough road ahead of him."

 

 

-- © Copyright Reuters 2017-11-04

 

[craigt3365]

Couldn't happen to a nicer scumbag. LOL

[Samui Bodoh]

Amen to the comment above regarding the scumbag.

 

I would side with the folks who think this is a good charge. I was watching some talking heads on the TV, and they say that generally people do not know that they are violating FARA, and that is why their treatment is lenient. However, this circumstance doesn't really apply to Manafort and that is why they are using it as the underlying crime. In fact, one talking head stated that these circumstances are precisely why such a law exists. 

 

I have never heard a good explanation as to how/why he ended up as the Campaign Chairman (Anyone?). When one takes a cursory glance at his life going back 10 -15 years, he is clearly a shady character with many skeletons in his closet. Why would any campaign hire him?

 

Oh well, I doubt that he'll be a free man that much longer. Next up is Flynn and his 'entourage' which should be even more interesting; he was with Trump day and night for a long time, and I am sure knows many goodies.

 

Looking forward to the day...

 

[mrwebb8825]

It took the government 30 years to finally convict "The Teflon Don" and he actually was a criminal and not just a shrewd businessman so I wouldn't be holding my breath with Manafort. 

[craigt3365]

4 minutes ago, mrwebb8825 said:

It took the government 30 years to finally convict "The Teflon Don" and he actually was a criminal and not just a shrewd businessman so I wouldn't be holding my breath with Manafort. 

You can't compare Manafort to the Teflon Don.  Impossible.  Manafort's going down.  Guaranteed.  Unless he testifies.

 

https://www.vox.com/policy-and-politics/2017/8/31/16125776/paul-manafort-russia-trump-mueller

The two men are facing a total of 12 charges that mostly focus on alleged money laundering, failure to disclose their financial assets, and false statements regarding their work for the government of Ukraine and a Ukrainian political party. The indictment alleges that Manafort laundered more than $18 million since 2006.