#ManafortTrial Closing Arguments Thread -
Prosecutor Andres emphasized to jurors: “If you have any doubt that he’s guilty of bank fraud or conspiracy to commit bank fraud at the Federal Savings Bank, then...
all you need to remember is that he sent a fake profit and loss sheet to Federal Savings Bank. And you will recall from testimony by his tax preparer Heather Washkuhn that Davis Manafort Partners had no income at this time [but it was not reflected this way].”
“Remember, he lied about where he lived and liens on his property. He altered some documents and backdated others,” Andres said.
Should jurors have any doubt or question who actually held the foreign entities discussed at trial, like Yiakora Ventures, Andres said jurors need only look to emails on the record.
“He refers to the account as ‘my Yiakora account,’” Andres said. “He didn’t say Davis Manafort Partners account or Rick Gates’ account. Mr. Manafort owned and controlled that account and all of the other Cyprus accounts.”
Then, when it came to his tax forms, Andres reminded jurors Manafort put his signature on each form in question from 2010 to 2014 & above each one of his signatures, there's a disclaimer warning him: “under penalty of perjury the information he provided is correct and complete.”
All told, Andres continued, Manafort had 31 overseas bank accounts from 2010 to 2014.
“And they had more than $60 million that flowed through them,” Andres said before pausing for just a moment. “He owned them and he controlled them.”
“Mr. Manafort hid his offshore accounts. He hid them from his tax preparers. He lied about them. He never disclosed to his bookkeepers that they existed.”
Andres also asked jurors to recall testimony from IRS revenue agent Mike Welch.
“Mr. Welch testified that he tracked the money coming from Cypriot accounts to pay vendors was income,” Andres said, noting that all told, Manafort paid $15M to vendors alone from his overseas accounts.
But why would Manafort lie, Andres asked.
The answer is simple, he said.
“Mr. Manafort wanted to hide the money and evade taxes on the clothes, the cars, the condos and the construction. And remember, this trial is not about his wealth. We’re not here because he’s wealthy but because he filed false tax returns and failed to file FBARs,” Andres said.
“And the clothes, the cars, condos and construction, all of this is evidence of his unreported income.” - Andres
Andres also recalled statements made by Manafort’s defense attorneys at the start of trial who claimed that Manafort simply forgot to check the a box on his tax forms where it asked him whether he had signatory authority over any foreign accounts.
“It wasn’t a clerical error. It wasn’t failure to check a box. Manafort answered no to each question on the form,” Andres said.
From 2011 to 2014, the “total aggregate” amount of money Manafort held in foreign bank accounts exceeded $5 billion he said.
Andres also deflected arguments from defense from an earlier point in the trial. Andres asked jurors to recall testimony from FBI analyst Morgan Magiones on cross examination by defense attorney Richard Westling.
“On cross she was shown two of Paul Manafort’s signatures and asked if they were from the same person. She said she knew they were – though she is not a handwriting expert – because while they looked different, all of the money transferred [as a result of his signing] were...
...at the benefit of Mr. Manafort.”
“Is it possible that Rick Gates or somebody else signed the accounts? Is it possible that someone put $60 million in those accounts?” Andres said. “We should all be so lucky.”
Andres also reminded jurors there is a difference between willfulness and intent. The requirement to fulfill willfulness comes from being aware of the obligations under law and then violating them anyway.
“Mr. Manafort was willfull in not reporting his income or identifiying foreign bank accounts and in not filing his FBAR,” Andres said. “He knew the law and he violated it anyway.”
Manafort is “conversant” in tax law, he added, saying Manafort was “capable and bright” and “trained as a lawyer.” Pointing to emails between Manafort and his tax preparer, Philip Ayliff, Andres said Manafort knew the law because his correspondence were rife with tax terms.
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THREAD - Some observations I recorded while at the protest this afternoon:
- There were several federal employees (recognized by their badges) who had some very, very nasty things to say about people exercising their 1A.
- Protestors were very calm, very respectful but emotional
- The crowd was incredibly diverse. Every color, creed, orientation, age, from infants to the elderly, + the heat stopped no one
- Every time a rape survivor or assault survivor would get on a mic or bullhorn, and share their story, the crowd replied: "I believe you."
- Each person I talked to, of which there were several, expressed their concern over the gravity of Kavanaugh's appointment and how it would impact future generations
- Above anger or outrage, there was a palpable sadness in ppl's voice when they considered my questions
THREAD - It is time to head to @Scotus. On deck: Madison v. Alabama. Is it a violation of the Constitution to execute a man who can't remember his crime? Well into his 60s & w/dementia, Vernon Madison argues executing someone who doesn't understand why he is being punished...1/4
implicitly fails to serve the purposes of the death penalty. The execution would not deter future crimes nor would it punish him for his conduct. The state, Alabama, doubts his claims of incapacity, suggesting he knows when to decline certain meds etc. Also even if he doesn't...
recall killing the officer, a court appointed psychologist says he has a "rational" understanding as to why he'll be executed, state argues. Alabama hinges their position on 8A, which they say, does not prevent them from executing him because he claims he can't remember. 3/4
THREAD I suppose I need to state my belief on this for the record because it will save me time. Folks, I want to believe Kavanaugh wont be confirmed because even if you dont #BelieveHer, the man is not fit for the bench. #sorrynotsorry (Evidenced by his own behavior yesterday)
But I have zero trust that the people in Congress who need to do the right thing, will.
I often see people shocked! at the injustice of it all. For me, I am just totally too close to the situation to be shocked. About any of it.
I operate from doubt most of the time tho I am...
optimistic. Because I believe in the power of good people and progress. But I also have a good idea of how power works & I have watched congresspeople throw away their own voters interests time and time and time again. It isnt specific to one party, either.
THREAD - In October, I'll cover several arguments at @Scotus:
Weyerhaeuser Co. v. Fish and Wildlife Service, which challenges the U.S. Fish and Wildlife Service designation of 1,544 acres of land in Louisiana as critical habit for the dusky gopher frog. 1/4 @CourthouseNews
Weyerhauser operates a logging business on the land and maintains the frog cannot live there without "radical change in land use."
2/4
Then, I'll cover Madison v. Alabama, which is about a death penalty challenge brought by a man who has dementia and says he can no longer remember committing the crime.
3/4
THREAD - Some reactions from Democratic Senators at a press conference this a.m. during the lunch break:
Sen. Chris Coons, D-Del. “It is striking how many survivors of sexual assault are watching and choosing this moment to come forward with their accounts." 1/4 @CourthouseNews
Coons cont.: "It speaks to what a public service is being done here by having a measured and respectful hearing of Dr. Ford’s allegations.”
2/4
Sen Patrick Leahy's, D-Vt., take on questioning from the Republican prosecutor:
“She’s very professional and you have to ask the question, why don’t they ask their own questions?”
Then told reporters: "Maybe someone should ask why they’re hiding their other witnesses."
3/4
AGs from the Commonwealths of Massachusetts and Pennsylvania plus states of California, Maryland, New York, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia signed off.
2/5