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Wed Mar 13, 2019, 10:22 PM

Former Fed and NY prosecutor Daniel Alonso weighs in on Manafort & double jeopardy

https://threadreaderapp.com/thread/1105935696328560641.html

Here are my quick thoughts (thanks, @Mimirocah1 & others for asking): NY indictment charges 3 things (essentially): (1) mortgage fraud for counts on which Manafort was convicted, (2) falsifying business records of the banks, & (3) mortgage fraud for counts on which jury hung. /1

On #3, because the jury hung and the defense sought a mistrial, those charges are highly likely *not* to be subject to #NYS's expansive "transaction test" for double jeopardy. /2

On #1 and #2, question is whether the federal counts and NY counts have at least 1 different element (they do), AND whether they were "designed to prevent very different kinds of harm or evil." /3

For falsifying business records, there's a very good argument (likely correct) that that charge was to prevent a very different harm/evil than federal bank fraud, since no federal analogue was charged. (Counterargument is false records charge requires "intent to defraud". /4

For #1, bank frauds for which Manafort *was* convicted, it's a tougher road for @manhattanda. Argument that DA will have to win is that mortgage fraud was designed for different harm than bank fraud. /5

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Reply Former Fed and NY prosecutor Daniel Alonso weighs in on Manafort & double jeopardy (Original post)
pnwmom Wednesday OP
asiliveandbreathe Wednesday #1
watoos Wednesday #2

Response to pnwmom (Original post)

Wed Mar 13, 2019, 10:38 PM

1. Very nicely done pnwmom.....I think many of us are truly concerned Manafort will walk...

By way of pardon..double jeopardy etc etc....Seems many in the law department are working through the issues as fast as they can....as well as the NY state legislature...

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Response to pnwmom (Original post)

Wed Mar 13, 2019, 11:10 PM

2. Pretty hard to claim double jeopardy for tax fraud.

If he cheated on his federal taxes I'm pretty sure he cheated on his state taxes.

If I file my federal taxes properly that doesn't mean I can't get in trouble for cheating on my state taxes.

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