Rumpole
Diamond Member
- Mar 20, 2023
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Ah, yes, so it appears that the Manhattan district attorney, Alvin Bragg, has been receiving quite a bit of flak for pursuing a case against none other than Donald Trump. However, I must say that upon closer inspection, the charges brought against Mr. Trump are anything but weak. In fact, the charge of creating false financial records is not novel and has been used time and time again in New York to prosecute individuals who create fake documentation to cover up campaign finance violations - precisely the accusation leveled against Mr. Trump, or rather, defendant Trump.
It's worth noting that the Manhattan D.A.'s office is hardly your run-of-the-mill local cog in the judicial system. Rather, it is unique, with jurisdiction over the financial capital of the world, which means the office regularly deals with complex white-collar crimes, including those involving high-profile individuals. Indeed, the office recently secured a conviction of the Trump Organization and a guilty plea from one of its top executives, Allen Weisselberg, on charges related to a tax fraud scheme.
Moreover, the books and records counts laid out in the charging papers against Mr. Trump are the bread and butter of the D.A.'s office. He is the 30th defendant to be indicted on false records charges by Mr. Bragg since he took office just over a year ago, with the D.A. bringing 151 counts under the statute so far. Indeed, the Trump Organization conviction and the Weisselberg plea included business falsification felonies.
The 34 felony books and records counts in the Trump indictment turn on the misstatement of the hush-money payment to Stormy Daniels arranged by Michael Cohen in the waning days of the 2016 election and the repayment of that amount by Mr. Trump to Mr. Cohen, ostensibly as legal expenses. There are 11 counts for false invoices, 11 for false checks and check stubs and 12 for false general ledger entries. This allegedly violated the false records statute when various entries were made in business documents describing those repayments as legal fees.
While Mr. Trump's case may be unique in its particulars, his behavior is not. Individuals have often attempted to skirt the disclosure and dollar limit requirements of campaign finance regulations and falsified records to hide it. Contrary to Mr. Trump's protestations, New York prosecutors regularly charge felony violations of the books and records statute and win convictions when the crimes covered up were campaign finance violations, resulting in false entries in business records to conceal criminal activity.
All in all, my fellow members of this illustrious snakepit and a few ladies and gentlemen, it seems that Mr. Bragg is hardly navigating uncharted waters. His actions are supported by previous prosecutions in New York and elsewhere, which have demonstrated that state authorities can enforce state law in cases relating to federal candidates. It remains to be seen what will come of this case, but one thing is certain - Mr. Trump cannot persuasively argue that he is being singled out for some unprecedented theory of prosecution. He is being treated like any other New Yorker would be with similar evidence against him.
And let the war begin, the war of words, that is.
Cheers,
Rumpole.
www.nytimes.com
For weeks, Alvin Bragg, the Manhattan district attorney, has come under heavy fire for pursuing a case against Donald Trump. Potential charges were described as being developed under a novel legal theory. And criticism has come not only from Mr. Trump and his allies, as expected, but also from many who are usually no friends of the former president but who feared it would be a weak case.
With the release of the indictment and accompanying statement of facts, we can now say that there’s nothing novel or weak about this case. The charge of creating false financial records is constantly brought by Mr. Bragg and other New York D.A.s. In particular, the creation of phony documentation to cover up campaign finance violations has been repeatedly prosecuted in New York. That is exactly what Mr. Trump stands accused of.
It's worth noting that the Manhattan D.A.'s office is hardly your run-of-the-mill local cog in the judicial system. Rather, it is unique, with jurisdiction over the financial capital of the world, which means the office regularly deals with complex white-collar crimes, including those involving high-profile individuals. Indeed, the office recently secured a conviction of the Trump Organization and a guilty plea from one of its top executives, Allen Weisselberg, on charges related to a tax fraud scheme.
Moreover, the books and records counts laid out in the charging papers against Mr. Trump are the bread and butter of the D.A.'s office. He is the 30th defendant to be indicted on false records charges by Mr. Bragg since he took office just over a year ago, with the D.A. bringing 151 counts under the statute so far. Indeed, the Trump Organization conviction and the Weisselberg plea included business falsification felonies.
The 34 felony books and records counts in the Trump indictment turn on the misstatement of the hush-money payment to Stormy Daniels arranged by Michael Cohen in the waning days of the 2016 election and the repayment of that amount by Mr. Trump to Mr. Cohen, ostensibly as legal expenses. There are 11 counts for false invoices, 11 for false checks and check stubs and 12 for false general ledger entries. This allegedly violated the false records statute when various entries were made in business documents describing those repayments as legal fees.
While Mr. Trump's case may be unique in its particulars, his behavior is not. Individuals have often attempted to skirt the disclosure and dollar limit requirements of campaign finance regulations and falsified records to hide it. Contrary to Mr. Trump's protestations, New York prosecutors regularly charge felony violations of the books and records statute and win convictions when the crimes covered up were campaign finance violations, resulting in false entries in business records to conceal criminal activity.
All in all, my fellow members of this illustrious snakepit and a few ladies and gentlemen, it seems that Mr. Bragg is hardly navigating uncharted waters. His actions are supported by previous prosecutions in New York and elsewhere, which have demonstrated that state authorities can enforce state law in cases relating to federal candidates. It remains to be seen what will come of this case, but one thing is certain - Mr. Trump cannot persuasively argue that he is being singled out for some unprecedented theory of prosecution. He is being treated like any other New Yorker would be with similar evidence against him.
And let the war begin, the war of words, that is.
Cheers,
Rumpole.
Opinion | We Finally Know the Case Against Trump, and It Is Strong (Published 2023)
There’s nothing novel or weak about Alvin Bragg’s case.
For weeks, Alvin Bragg, the Manhattan district attorney, has come under heavy fire for pursuing a case against Donald Trump. Potential charges were described as being developed under a novel legal theory. And criticism has come not only from Mr. Trump and his allies, as expected, but also from many who are usually no friends of the former president but who feared it would be a weak case.
With the release of the indictment and accompanying statement of facts, we can now say that there’s nothing novel or weak about this case. The charge of creating false financial records is constantly brought by Mr. Bragg and other New York D.A.s. In particular, the creation of phony documentation to cover up campaign finance violations has been repeatedly prosecuted in New York. That is exactly what Mr. Trump stands accused of.
