President Donald Trump’s first two years in office have been embroiled in a torrent of controversies stemming from allegations of Russian meddling in 2016 U.S. Presidential election and the criminal conduct of many of the men in his inner circle. Special prosecutor Robert Mueller has conducted a thorough investigation that has put everyone in the Trump camp on its heels and has already brought down some several prominent members of the Republican Party. As we approach the holiday season and the end of 2018, Wild About Trial takes a look back at the status of the Mueller investigation and who has truly been on this year’s “Naughty List”.
There have been 33 people indicted as part of a series of several criminal conspiracies, some related to the 2016 U.S. Presidential election, others related to high level lobbying and undue influence with Russian and the Ukraine. We have learned about the dark underbelly of internet troll farms and been forced to question the legitimacy of anything we see or read online. 33 Indictments: Five Former Trump Advisers, three Russian Companies, 26 Russian Nationals, three Russian Companies, One Californian Man, one London-based lawyer, and a partridge in a pear tree!
However, Mueller has not yet alleged that any Trump advisers conspired with Russian officials to impact the election which is major contention by the Democratic Party. That part remains under investigation but none of the indictments to date link the two sides. There are also no indictments related to potential obstruction of justice by the Trump administration. Nonetheless, there is smoke everywhere. Seven people, including all five of the indicted former Trump aides, have pleaded guilty to criminal conduct and most are cooperating with Mueller. There are going to be a lot of stockings filled with coal around the Trump camp this year.
Michael Cohen
Donald Trump’s former personal lawyer and “fixer” who handled some of his most sensitive personal matters such as hush money payments to women who alleged affairs against Donald Trump including the high profile allegations of former porn star Stormy Daniels. Mueller ultimately handed over the investigation to U.S. Attorneys office for the Southern District of New York who filed the indictment.
Cohen was indicted October 5, 2018, on 10 charges including conspiracy to commit investment advisor fraud, investment advisor fraud, conspiracy to commit wire fraud, wire fraud, conspiracy to obstruct justice, and obstruction of justice. The investigation stretched far and wide and ranged from Cohen’s personal finances to a scheme to violate campaign finance laws resulting from his series of hush money payments to women alleging affairs with Donald Trump.
Plea Agreement: Cohen plead guilty on November 29, 2018, to lying to Congress about trump’s business dealings in Russia during the 2016 presidential campaign. Cohen had initially told investigators that the Trump Tower Moscow project ended early in the campaign and he had ceased having contact with anyone in the Russian Government, and that he lied about conversations he had with Donald Trump, Trump family members, and an assistant for Russian President Vladimir Putin’s press secretary.
Sentencing: On December 12, 2018, Michael Cohen was sentenced to three years in prison after giving an emotional apology to the court for his involvement in the hush money scandal and denouncing his former boss and friend Donald Trump, saying “I felt it was my duty to cover up his dirty deeds.”
Court Documents:
Michael Cohen Plea Agreement
Indictment
George Papadopoulos
Raised in Chicago to Greek immigrant parents, Papadopoulos graduated from DePaul University in 2009 with a degree in political science and government. Papadopoulos moved to London soon after graduation, enrolling in a master’s program at the University College London’s School of Public Policy where he studied security issues. While working in London as an energy consultant in early 2016, the Trump campaign, in search of a foreign policy team, named him as an advisor. His political experience was limited to two months on Ben Carson’s presidential campaign before it collapsed.
Indictment: On October 3, 2017, special counsel Robert Mueller brought indictment against George Papadopoulos for lying to the FBI about the timing, and nature of his relationship and interaction with certain foreign nationals whom he understood to have close connections with senior Russian government officials.
Plea: Was the first Trump official to plead guilty and cooperate in the investigation into Russian interference in the 2016 U.S. presidential election.
Sentence: Papadopoulos was sentenced to 14 days in prison. The judge also fined Mr. Papadopoulos $9,500 and ordered him to complete 200 hours of community service and one year of probation after he is released from custody.
Court Documents:
Information
Statement of Offense
Paul John Manafort Jr.
Paul John Manafort Jr., a Republican lobbyist, political consultant, and lawyer joined Donald Trump’s presidential campaign team in March 2016, and was campaign chairman from June to August 2016.
Court Documents:
Indictment: Paul J. Manafort Jr. and Richard W. Gates
Governments Memo on Breach Determination (12/7/2018)
Plea: Claims that Manafort violated Mueller’s plea agreement. Sentencing hearing set to March 5. US District Judge Amy Berman Jackson says she will rule on whether Manafort has breached the plea agreement before the sentencing date.
Most Recent Story:
WASHINGTON (AP) — A judge has set a court date for this week for former Trump campaign chairman Paul Manafort after prosecutors with the special counsel’s office detailed lies they say he told them.
The scheduling conference will take place Tuesday afternoon before U.S. District Judge Amy Berman Jackson. It had earlier been set for Wednesday morning. Manafort is not expected to attend.
In a court filing Friday night, special counsel Robert Mueller said Manafort had lied about contacts with Trump administration officials and with an associate who U.S. authorities say has ties to Russian intelligence.
Manafort’s attorneys have denied that he made false statements.
Manafort pleaded guilty to conspiracy in September and agreed to cooperate with Mueller’s investigation. But prosecutors say his deception has torpedoed that plea deal.
Rick Gates
Rick Gates is a former political consultant and lobbyist who was the right hand man for former Trump campaign advisor Paul Manafort. Gates met Manafort when he was only an intern but later rose to be the #2 and worked by Manafort’s side for twelve years, including with Manafort’s international dealing in the Ukraine. Gates ultimately became the star witness against his former boss in his federal trial for tax and bank charges related to their unregistered involvement with pro-Russia forces in the Ukraine. On the witness stand Gates admitted to being involved in criminal activity, and stated that he helped organize the paperwork for the multiyear tax and bank fraud scheme.
Gates testified that four Ukrainian oligarchs helped elect a Russia-aligned president in 2010, and paid Mr. Manafort millions through their own shell companies in Ukraine to help with that election. Gates said Mr. Manafort knew that he was legally required to report his foreign bank accounts but did not because he wanted to report less income and lower his taxes.
According to Gates’ testimony, Paul Manafort also controlled secret foreign bank accounts in the names of 15 shell companie and Gates helped conceal “at Mr. Manafort’s direction.” Manafort’s attorneys have cast Gates a dishonest businessman who stole from Manafort and a morally corrupt witness who blamed Manafort for the criminal activity he initiated and carried out himself for profit.
Sentencing: The sentencing for Gates been pushed back several times, but not for the same reasons as former boss Paul Manafort and former Trump attorney Michael Cohen. Attorneys for special counsel Robert Mueller have said in filings that they need more time before sentencing because Gates is still cooperating with several investigations. That is very impressive and possibly shows how deep Manafort and Gates were involved with major domestic and international players. Prosecutors have said they will have an update for the court by January 15, 2019, as to whether it will be appropriate to proceed to sentencing.
Michael Flynn
Former national security advisor, Michael Flynn, pleaded guilty to making false statements to the FBI about his contacts with Russian officials as part of a plea deal with Mueller last December (2017). According to an FBI Statement, during the period of transition between election day 2016, Flynn was in contact with the then-Russian Ambassador Sergey, Kislyak, after allegedly being asked by a senior Trump transition official to find out how foreign governments stood on a coming UN Security Council Resolution about Israel.
His sentencing hearing is set for Tuesday, December 18th, 2018. Federal prosecutors have argued for no jail time for Michael Flynn in light of his open and continuous cooperation throughout the investigation. Flynn participated in at least 19 interviews so far and ultimately pleaded guilty in December 2017 to making false statements to the FBI during an interview about contacts he had wit Russia’s ambassador to the U.S., Sergey Kislyak, during the period of transition between election day 2016.
Court Documents:
Statement of the Offense
Government’s Memorandum in Aid of Sentencing
Richard Pinedo
A Californian man and American citizen who found himself embroiled in the middle of the Russian conspiracy to defraud the U.S. He is the only American citizen that has been indicted in connection with the Russian troll farm and identify theft conspiracy thus far. He pleaded guilty February 12, 2018, to one identify fraud charge alleging that he sold bank account numbers created with stolen identities to the Russians. The plea deal came down the same day as the massive block of indictments against 12 Russian nationals and three Russia-affiliated groups companies alleging a coordinated misinformation campaign to influence the 2016 presidential election.
Plea Agreement: Pinedo agreed to cooperate with the Mueller probe as part of his plea agreement. He plead guilty to one count of identity fraud in violation of 18 U.S.C. §§ 1028(a)(7), (b)(1)(D) & (c)(3)(A).
Sentence: Pinedo was sentenced October 10, 2018, to 6 months in prison and 6 months home detention.
Court Documents:
Statement of the Offense
Plea Agreement
Alex Van der Zwaan
A Belgian-born and London-based lawyer, 33, who was the first person sentenced as part of the Muller probe into Russia interference in the 2016 U.S. election. Van der Zwaan admitted lying to special counsel Mueller’s team in November 2017 when he was interviewed about his phone calls and emails with a former Trump campaign aide, Richard Gates.
As a lawyer in an international law firm, Van der Zwaan worked with Gates and Trump’s former campaign manager Paul Manafort for a Ukrainian political party closely aligned with Russia. The law firm, Skadden, Arps, Meagher & Flom, was hired by the government of former Ukrainian President Viktor Yanukovych in 2012 to examine the prosecution of one of his former political rivals.
According to the court documents, Gates told Van der Zwaan to contact Person A in September 2016 to discuss impending criminal charges in Ukraine against Manafort, a former Ukrainian minister of justice and “law firm A”, an apparent reference to Skadden.
In particular, Van der Zwaan failed to tell prosecutors or his law firm about an email in Russian, dated 12 September 2016, in which Person A asked Van der Zwaan to use an encrypted method to contact him. Prosecutors said the lawyer deleted that and other emails in an effort to cover up his contacts.
Defense counsel Skadden Arps released a statement on Tuesday saying it had fired van der Zwaan last year, but without explaining why, and noting it was cooperating with the authorities.
The hard line approach taken by Mueller and his team against Van der Zwaan was likely intended to send a message to those involved in their probe that they will not tolerate obstruction and will aggressively prosecute anyone who conceals information from FBI agents and members of the special prosecutor’s team.
Plea Agreement: Pleaded guilty February 20, 2018, to making false statements in violation of 18 U.S.C. §§ 1001(a)(2).
Sentence: Sentenced April 3, 2018, to 30 days in prison for lying to federal agents. He was also ordered to pay a $20,000 fine. Van der Zwaan faced up to 6 months in prison based upon federal sentencing guidelines. Defense attorneys asked for leniency and a fine with an agreement to leave the county; however, U.S. District Judge Amy Berman Jackson agreed with the prosecution that some period of incarceration was necessary to deter others from lying in an investigation of international importance.
Court Documents:
Plea Agreement
Statement of the Offense
The Troll Farm Indictments
The U.S. Justice Department announced a February a sweeping indictment of 13 individuals and three companies with a long running scheme to criminally interfere with the 2016 U.S. presidential election. Special counsel Robert Mueller’s investigation centered on a notorious Russian troll farm that allegedly created fake online personas, social media accounts, news articles, and posts as part of a systematic effort to discredit Hillary Clinton and support Donald Trump, dating back as far as 2014.
Notably, the indictment is levied against private individuals and businesses and does not allege any coordination by the Trump campaign or the russian government. It states that three Russian conspirator visited the United States in 2014 to gather intelligence on the U.S. election, and then the conspiracy grew to include extensive online conversations and the manipulation of American citizens who became unwitting tools and purveyors of the Russian propaganda machine.
Deputy Attorney General Rod J. Rosenstein said the suspects “allegedly conducted what they called ‘information warfare against the United States,’ with the stated goal of spread[ing] distrust towards the candidates and the political system in general.”
The Russian groups indicted by Mueller used social media posts, online ads, and rallies in the US to create propaganda efforts “primarily intended to communicate derogatory information about Hillary Clinton, to denigrate other candidates such as Ted Cruz and Marco Rubio, and to support Bernie Sanders and then-candidate Donald Trump,” according to Mueller’s indictment.
The suspects, Rosenstein said, “took extraordinary steps to make it appear that they were ordinary American political activists.”
The 37-page indictment includes some startling accusations against the election trolls, including that when news broke in September that special counsel Robert S. Mueller III was investigating their activity, one of them wrote: “We had a slight crisis here at work: the FBI busted our activity (not a joke). So I got preoccupied with covering tracks together with the colleagues.” The person, named as Irina Viktorovna Kaverzina, allegedly added: “I created all these pictures and posts, and the Americans believed that it was written by their people.”
The specific charges in the case include one broad “conspiracy to defraud the United States” count, but the rest are far narrower — one count of conspiracy to commit wire fraud and bank fraud, and six counts of identity theft. It is highly unlikely that the indicted Russian individuals will ever come to the US to face trial, but one company involved, Concord Catering, has fought back in court.
On November 15, 2018, District Court Judge Dabney L. Friedrich, rejected a defense motion to dismiss by Concord Management and Consulting LLC, and allowing the criminal case to proceed against the Russia linked company. According to the indictment, Concord spent over $1 million setting up phony social media posts and political rallies aimed at helping Donald Trump and hurting Hillary Clinton.
The U.S. Justice Department announced a February a sweeping indictment of 13 individuals and three companies with a long running scheme to criminally interfere with the 2016 U.S. presidential election. Special counsel Robert Mueller’s investigation centered on a notorious Russian troll farm that allegedly created fake online personas, social media accounts, news articles, and posts as part of a systematic effort to discredit Hillary Clinton and support Donald Trump, dating back as far as 2014.
Deputy Attorney General Rod J. Rosenstein said the suspects “allegedly conducted what they called ‘information warfare against the United States,’ with the stated goal of spread[ing] distrust towards the candidates and the political system in general.”
The Russian groups indicted by Mueller used social media posts, online ads, and rallies in the US to create propaganda efforts “primarily intended to communicate derogatory information about Hillary Clinton, to denigrate other candidates such as Ted Cruz and Marco Rubio, and to support Bernie Sanders and then-candidate Donald Trump,” according to Mueller’s indictment.
The suspects, Rosenstein said, “took extraordinary steps to make it appear that they were ordinary American political activists.”
The 37-page indictment includes some startling accusations against the election trolls, including that when news broke in September that special counsel Robert S. Mueller III was investigating their activity, one of them wrote: “We had a slight crisis here at work: the FBI busted our activity (not a joke). So I got preoccupied with covering tracks together with the colleagues.” The person, named as Irina Viktorovna Kaverzina, allegedly added: “I created all these pictures and posts, and the Americans believed that it was written by their people.”
The specific charges in the case include one broad “conspiracy to defraud the United States” count, but the rest are far narrower — one count of conspiracy to commit wire fraud and bank fraud, and six counts of identity theft. It is highly unlikely that the indicted Russian individuals will ever come to the US to face trial, but one company involved, Concord Catering, has fought back in court.
On November 15, 2018, District Court Judge Dabney L. Friedrich, rejected a defense motion to dismiss by Concord Management and Consulting LLC, and allowing the criminal case to proceed against the Russia linked company. According to the indictment, Concord spent over $1 million setting up phony social media posts and political rallies aimed at helping Donald Trump and hurting Hillary Clinton.
Email Hacking Indictment
Special Counsel Robert Mueller filed a shocking and far reaching indictment in July, 2017, against 12 officers of the GRU, Russia’s military intelligence agency, charging them serious high-profile crimes related to the hacking of leading Democrats’ emails during the 2016 campaign.
The indictment specifically names nine officers of the GRU’s “Unit 26165,” which Mueller alleges “had primary responsibility for hacking the DCCC and DNC, as well as the email accounts of individuals affiliated with the Clinton Campaign” like John Podesta. Three other GRU officers, Mueller alleges, “assisted in the release of stolen documents,” “the promotion of those releases,” “and the publication of anti-Clinton content on social media accounts operated by the GRU.”
The charges include two counts of conspiracy to commit an offense against the United States, eight counts of aggravated identity theft, and one count of conspiracy to launder money.
It is highly unlikely that any of the individuals named in the indictment will return to the U.S. to face a trial, which also means plea agreements and cooperation with the investigation are also unlikely. So good luck seeing any fruits from these indictments in terms of information or convictions, but it sends a big message that prosecutors believe there is sufficient evidence to prove all of these offenses. None of the defendants in the indictment are linked directly to the Russian government, but this indictment shows that at the very least Russian nationals attempted to influence to U.S. 2016 presidential election.
Court Documents:
Indictment
Named Defendants:
VIKTOR BORISOVICH NETYKSHO,
BORIS ALEKSEYEVICH ANTONOV,
DMITRIY SERGEYEVICH BADIN,
IVAN SERGEYEVICH YERMAKOV,
ALEKSEY VIKTOROVICH LUKASHEV,
SERGEY ALEKSANDROVICH MORGACHEV,
NIKOLAY YURYEVICH KOZACHEK,
PAVEL VYACHESLAVOVICH YERSHOV,
ARTEM ANDREYEVICH MALYSHEV,
ALEKSANDR VLADIMIROVICH OSADCHUK,
ALEKSEY ALEKSANDROVICH POTEMKIN,
and ANATOLIY SERGEYEVICH KOVALEV
Konstantin Kilimnik
Konstantin Kilimnik, a longtime associate of Paul Manafort who worked with him in the Ukraine and is now based on Russia, was charged in June, 2018, with obstruction of justice and conspiracy to obstruct justice. In 2011 Manafort created DMP International, LLC (DMI) to engage in work for foreign clients, in particular political consulting, lobbying, and public relations for the Government of Ukraine, the Party of Regions, and members of the Party of Regions. The Party of Regions was a pro-Russia political party in Ukraine. Beginning in approximately 2006, it retained Manafort to advance its interests in Ukraine, the United States, and elsewhere, including the election of its Ukrainian slate of candidates. In 2010, its candidate for President, Yanukovych, was elected President of Ukraine. Kilimnik managed Manafort’s Kiev office.
Special Prosecutor Robert Mueller alleged in the indictment that Kilimnik assisted Manafort in a multi-million dollar lobbying campaign in the United States at the direction of Yanukovych, the Party of Regions, and the Government of Ukraine, and they did so without registering and providing the disclosures required by law.
Mueller also alleged that Kilimnik, along with Manafort, contacted potential witnesses for the Mueller probe in early 2018 to encourage them to provide false testimony. As we have seen with van der Zwaan, this kind of deception is something Mueller has no patience for. Mueller accused Kilimnik of witness tampering which qualifies as obstruction of justice. The witness tampering allegations stem from their involvement with a group of senior European politicians called the “Hapsburg Group”. According to Mueller allegations, and confirmed in Manafort’s plea agreement, Manafort and Kilimnik attempted to contact members of the Hapsburg Group to claim they only operated in Europe and not in the United States, where U.S. foreign lobbying laws do not apply. Witnesses also allege that Manafort and Kilimnik were attempting to have them commit perjury.
Plea and Sentence? Not going to happen with Kilimnik. He is still in Russia and will likely stay there so he doesn’t have to face these serious charges. Manafort, however, entered into a plea agreement in September, 2018, which prosecutors say he subsequently violated. His new sentencing date is March 5, 2018, before which U.S. District Judge Amy Berman Jackson said she will rule on whether in fact Manafort violated the terms of his plea agreement.
Court Documents:
Indictment
By RYAN KERNS
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