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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsLOCK HIM UP, He's going down for TAX FRAUD
NY case against Donald is all about Tax fraud. Stormy Daniels is just a small piece of evidence. His organization has already been found guilty of tax fraud.
Donald is being taken down like Al Capone for tax fraud. Hes guilty as hell. False reporting. It will stick.
Walleye
(30,980 posts)former9thward
(31,941 posts)He was only sentenced to 5 months and he is halfway thru that now.
Beachnutt
(7,287 posts)on weiselberg that are or have been used for leverage in exchange for him singing.
former9thward
(31,941 posts)I don't believe that myself. He has said he will not testify against Trump.
Scrivener7
(50,916 posts)That deal was accepted by the prosecutors.
Why would he go against that?
Walleye
(30,980 posts)I didnt see that he had promised not to implicate Trump. Dont know how you get a deal like that
Scrivener7
(50,916 posts)But for prosecutors who have long sought to indict Mr. Trump, Thursdays hearing was something of a consolation prize. Mr. Weisselberg refused to turn on Mr. Trump himself, something prosecutors had hoped he would do since they charged him with 15 felonies last July.
Under the plea deal, Mr. Weisselberg must pay nearly $2 million in taxes, penalties and interest after accepting lavish off-the-books perks from Mr. Trump and his company, including leased Mercedes-Benzes, an apartment on Manhattans Upper West Side and private school tuition for his grandchildren.
He also must point the finger at his longtime employer, the Trump Organization, at its trial in October. In exchange, Mr. Weisselberg, who was facing years in prison, is likely to receive a five-month jail sentence, and with time credited for good behavior, he might serve as little as 100 days.
The article goes on to say that if the Trump Org had pled, Weisselberg would have had a shorter prison term. The Trump Org refused, and Weisselberg STILL stayed loyal. So I don't see him changing his mind now.
Samrob
(4,298 posts)If folks want to get out in the streets and protest an indictment on Trump so be it. They will have to face their own charges. And Kevin, and MTG ought to face charges of trying to obstruct justice. Too many good ordinary citizens are suffering by paying their taxes, not breaking the law, and not trying to overthrow their own government. They are not being bombed by a foreign nation and having their homes destroyed like the Ukrainians. We surely love our country as much as they love Ukraine. Why would we tolerate the destruction of our nations by insurgents and insurrectionists whom we outnumber significantly? And why would any of us fight against our government at a time when we are depending on it to get us through one natural disaster after another and to protect us against unscrupulous bankers and corporate thugs? STAND!!!
machoneman
(3,997 posts)..was complicit in most dealings with TFG, his organization and the fake books. Look at it this way: the old man may still take prison (short as it may be) but if his kid is similarly indicted and would spend serious time in jail, the old man might save him by squealing.
Hey, once a crook.....
The old man likely did other nefarious things still under investigation.
former9thward
(31,941 posts)In my dealings with the DOJ they don't hold back charges. Especially after someone has been tried and is doing a sentence.
Response to Samrob (Reply #16)
Scrivener7 This message was self-deleted by its author.
Scrivener7
(50,916 posts)my post.
SheltieLover
(57,073 posts)oregonjen
(3,334 posts)yaesu
(8,020 posts)BumRushDaShow
(128,496 posts)Although "hiding" the hush payment in that manner could obviously be a charge.
Attorney General Letitia James urged a judge to reject Trump's bid to delay the case, saying the former president might use his 2024
March 16, 2023, 11:25 AM EDT / Source: Reuters
By Reuters
New Yorks attorney general urged a state judge to reject Donald Trumps bid to delay her civil fraud case against him, and said the former U.S. president might use his 2024 White House run as an excuse for further delay.
In a Wednesday night court filing, Attorney General Letitia James said her office had provided Trump and other defendants with an enormous quantity of material, including 1.7 million documents and interview transcripts for 56 witnesses.
She said that negates their plea for an extra six months to gather evidence to defend themselves adequately at trial, now scheduled for Oct. 2, and accused them of being slow to conduct their own witness depositions. The record defendants have and are compiling is more than sufficient to afford them due process and prevent the trial from becoming a game of surprise, James said.
When the calendar turns over into 2024, Donald J. Trump will be in the midst of a campaign for President, she added. Defendants have used his campaign as a reason for delay in both 2016 and 2020. There is no reason to believe 2024 will be any different. Lawyers for the defendants did not immediately respond on Thursday to requests for comment.
(snip)
https://www.nbcnews.com/politics/donald-trump/new-york-trump-no-delay-civil-fraud-case-rcna75282
Scrivener7
(50,916 posts)BumRushDaShow
(128,496 posts)Scrivener7
(50,916 posts)BumRushDaShow
(128,496 posts)In other words, it is the "low hanging fruit" case.
Apparently the fine line that would need to be proven to distinguish "misdemeanor" vs "felony" in NY statute is noted here -
A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.
Falsifying business records in the first degree is a class E felony.
To get the felony, the DA would need to show that not only was the falsifying of the actual purpose of the "payment" (his reimbursement of "hush money" to Cohen) was associated with his "business" and was to defraud, but was to also cover for commission of some other crime. In this case, it was one of those things where Cohen had apparently been directed to pay the $130K to Stormy and 45 reimbursed him for that BUT reported it as legal services or whatever. From what I understand "hush money" payments aren't supposedly "illegal" and can be part of a NDA but then who should have been signatory of the NDA might be the hitch - i.e., should have been 45 vs his lawyer supposedly doing it "on his own".
In Stormy's case, there have been allegations of her engaging in "extortion" resulting in that NDA and the $130K and that is a narrative that continues to float out there.
Meanwhile Cohen had been convicted in federal court and served time in prison for that payment (among other criminal things).
So the direct tie might conceivably be 45 "writing out and signing the check" to Cohen and falsifying what the payment was for and they would need to show what else might have been going on (obviously an election being one) to cause the equivalent of a "catch and kill" payment through the non-disclosure agreement (that was eventually breached allowing everyone to know this even happened), but not designating it as that (cover up).
AllaN01Bear
(17,995 posts)but this will do .too bad alcatraz was decommissioned.
OMGWTF
(3,942 posts)gldstwmn
(4,575 posts)erronis
(15,183 posts)I'd like him to very slowly rot in prison. Family destitute. Rats crawling over his bloated body. (Images of "The Pit and the Pendulum.)
machoneman
(3,997 posts)machoneman
(3,997 posts)The tax fraud trial would be long, complex and give TFG's attorneys plenty to dispute. The Stormy indictment and the GA vote turning indictment, soon to come, are pretty (actually very) straightforward in comparison. If he's found guilty and is jailed, the far, far more complex tax fraud can literally play out over a longer time period, allowing prosecutors to build a better case.
Btw, I do believe the Stormy case would generate the least jail time, the GA case the most and the tax fraud case, IF they can pin his actions to it, somewhere in between.
gldstwmn
(4,575 posts)PatrickforB
(14,559 posts)I'd like to see a nice RICO case...
Johnny2X2X
(18,973 posts)Michael Cohen was sentenced to 3 years in prison for his part in the exact crimes Trump is about to be charged with.
former9thward
(31,941 posts)In addition to lying to Congress. If the news is to be believed Trump will be charged with a business records violation. Not really the same as Cohen.
Johnny2X2X
(18,973 posts)Cohen Criminal charges
5 counts of tax evasion
1 count of making false statements to a financial institution
1 count of willfully causing an unlawful corporate contribution
1 count of making an excessive campaign contribution at the request of a candidate or campaign
1 count of making false statements to a congressional committee
Trump will be charged with at least 3 of those crimes.
BumRushDaShow
(128,496 posts)U.S. Attorneys » Southern District of New York » News » Press Releases
Department of Justice
U.S. Attorneys Office
Southern District of New York
FOR IMMEDIATE RELEASE Tuesday, August 21, 2018
Michael Cohen Pleads Guilty In Manhattan Federal Court To Eight Counts, Including Criminal Tax Evasion And Campaign Finance Violations
Plea Follows Filing of Eight Count Criminal Information Alleging Concealment of More Than $4 Million in Unreported Income, $280,000 in Unlawful Campaign Contributions
(snip)
Second, on October 8, 2016, an agent for an adult film actress (Woman-2) informed Editor-1 that Woman-2 was willing to make public statements and confirm on the record her alleged past affair with Individual-1. Chairman-1 and Editor-1 then contacted COHEN and put him in touch with Attorney-1, who was also representing Woman-2. Over the course of the next few days, COHEN negotiated a $130,000 agreement with Attorney-1 to himself purchase Woman-2s silence, and received a signed confidential settlement agreement and a separate side letter agreement from Attorney-1.
COHEN did not immediately execute the agreement, nor did he pay Woman-2. On the evening of October 25, 2016, with no deal with Woman-2 finalized, Attorney-1 told Editor-1 that Woman-2 was close to completing a deal with another outlet to make her story public. Editor-1, in turn, texted COHEN that [w]e have to coordinate something on the matter [Attorney-1 is] calling you about or it could look awfully bad for everyone. Chairman-1 and Editor-1 then called COHEN through an encrypted telephone application. COHEN agreed to make the payment, and then called Attorney-1 to finalize the deal.
The next day, on October 26, 2016, COHEN emailed an incorporating service to obtain the corporate formation documents for another shell corporation, Essential Consultants LLC, which COHEN had incorporated a few days prior. Later that afternoon, COHEN drew down $131,000 from the fraudulently obtained HELOC and requested that it be deposited into a bank account COHEN had just opened in the name of Essential Consultants. The next morning, on October 27, 2016, COHEN went to Bank-3 and wired approximately $130,000 from Essential Consultants to Attorney-1. On the bank form to complete the wire, COHEN falsely indicated that the purpose of wire being sent was retainer. On November 1, 2016, COHEN received from Attorney-1 copies of the final, signed confidential settlement agreement and side letter agreement.
COHEN caused and made the payments described herein in order to influence the 2016 presidential election. In so doing, he coordinated with one or more members of the campaign, including through meetings and phone calls, about the fact, nature, and timing of the payments. As a result of the payments solicited and made by COHEN, neither Woman-1 nor Woman-2 spoke to the press prior to the election.
In January 2017, COHEN in seeking reimbursement for election-related expenses, presented executives of the Company* with a copy of a bank statement from the Essential Consultants bank account, which reflected the $130,000 payment COHEN had made to the bank account of Attorney-1 in order to keep Woman-2 silent in advance of the election, plus a $35 wire fee, adding, in handwriting, an additional $50,000. The $50,000 represented a claimed payment for tech services, which in fact related to work COHEN had solicited from a technology company during and in connection with the campaign. COHEN added these amounts to a sum of $180,035. After receiving this document, executives of the Company grossed up for tax purposes COHENs requested reimbursement of $180,000 to $360,000, and then added a bonus of $60,000 so that COHEN would be paid $420,000 in total. Executives of the Company also determined that the $420,000 would be paid to COHEN in monthly amounts of $35,000 over the course of 12 months, and that COHEN should send invoices for these payments.
On February 14, 2017, COHEN sent an executive of the Company (Executive-1) the first of his monthly invoices, requesting [p]ursuant to [a] retainer agreement, . . . payment for services rendered for the months of January and February, 2017. The invoice listed $35,000 for each of those two months. Executive-1 forwarded the invoice to another executive of the Company (Executive-2) the same day by email, and it was approved. Executive-1 forwarded that email to another employee at the Company, stating: Please pay from the Trust. Post to legal expenses. Put retainer for the months of January and February 2017 in the description.
Throughout 2017, COHEN sent to one or more representatives of the Company monthly invoices, which stated, Pursuant to the retainer agreement, kindly remit payment for services rendered for the relevant month in 2017, and sought $35,000 per month. The Company accounted for these payments as legal expenses. In truth and in fact, there was no such retainer agreement, and the monthly invoices COHEN submitted were not in connection with any legal services he had provided in 2017.
During 2017, pursuant to the invoices described above, COHEN received monthly $35,000 reimbursement checks, totaling $420,000.
* * *
(snip)
https://www.justice.gov/usao-sdny/pr/michael-cohen-pleads-guilty-manhattan-federal-court-eight-counts-including-criminal-tax
Note that "*" reference for "the Company" has a defining statement listed near the beginning of the release as -
Scrivener7
(50,916 posts)and that is a misdemeanor.
Weisselberg is already serving his sentence. The trump organization was given a nominal fine on the strength of Weisselberg's testimony, and Weisselberg did not testify against tfg.
If there are other charges, including tax charges, they won't come from Weisselberg. Any tax charges, if they come, will probably come from Tish and not Alvin.
Elessar Zappa
(13,911 posts)youre right that its a less serious charge. I think the charges that could land him in prison will come from the special counsel.
onenote
(42,592 posts)It appears that falsifying business records will be the centerpiece of any charges brought by Bragg. And several knowledgable observers believe getting that charge bumped from a misdemeanor to a felony is not a slam dunk.