Politics Manafort goes on trial tomorrow

Welcome to our community

Be a part of something great, join today!

I welcome you yankee. Its ok that you haven't been posting here very long. You post like a champ. Solid arguments. The problem is that is Maris's MO...to run you in circles to circumnavigate the truth so he doesn't have to admit he is wrong. Keep posting.

...thanx CC. I've been on the S2 Yanx board since the ESPN board shut down 5 years ago where I was a poster for about 13 years. The S2 Yanx board is nice but we don't have nearly as much traffic as this board does, especially about OT content. I just 2 weeks or so I've read a ton of posts on a lot of topics and have already developed some opinions on a few posters here...also, this board IMO is VERY well moderated, which is also important.
...I may come off as a jackass from time to time but it's really not intentional...it's just that I love to argue, because for me, it's a great way to learn.

...needless to say, like most posters, I'm quite opinionated...I'm usually right, occasionally wrong.......but never in doubt. :lol:


...thanx again.....59.
 
yeah...strange form of amusement to insult my wife as a first generation American who according to him is the problem with America....just put him on ignore....you won't have to be barraged with Fox news feeds that way either. strangely he never posts in baseball threads


It's been awhile, but I think he used to post on the Yanx board occasionally.
 
Lanny and Yankee, Maris is a parody account. Don't take much of what he says seriously. I've met him, he's a very nice gentleman.

This is what is says on his signature - Disclaimer: The opinions expressed here are the views of MARIS61, a fictional message board character created for my amusement, and do not necessarily reflect the views and opinions of any real person alive or deceased.
Yeah, but his posts are so obnoxious. Who gets a kick out of making obnoxious posts? I guess such harmless people exist but this is the first one I've encountered. Thank God it's a rare occurrence.
 
lol...a "hearing determines if a trial even takes place"?...well no shit, thanx for the update...like I've already pointed out, neither witnesses nor the jury are present during the HEARING.


...how many times must this be pointed out to you ?




...n/m, I think I've wasted quite enough time on you for one night.

My original post is 100% accurate, and you're simply avoiding facts.

You are correct in that you're wasting your time.
 
For a lie, there's one hell of a lot of other evidence to back up his lie. In fact, the prosecution doesn't even need his testimony, it's more like the nail in the coffin.

Proof you know nothing about the trial.

So far, unless there's some shocker revelation Monday, the defense may not even need to present any rebuttal witnesses.

No evidence has been submitted that points to any crimes other than by Gates and the other witnesses given total immunity by Mueller. Now it has come out Gates also committed fraud against the RNC to cover his embezzling from Manafort. He's looking at a huge civil suit that Mueller can't save him from.
 
Lanny and Yankee, Maris is a parody account. Don't take much of what he says seriously. I've met him, he's a very nice gentleman.

This is what is says on his signature - Disclaimer: The opinions expressed here are the views of MARIS61, a fictional message board character created for my amusement, and do not necessarily reflect the views and opinions of any real person alive or deceased.

Simply a legal necessity given the ballistic extremes in abusing the legal system that the victim-generation resorts to when told the simple truth.

You can be absolutely certain that MARIS61 stands behind every post he/she makes. :cheers:
 
Do you remember what I said about educating yourself before you make assertions? No? Well, you should do it because it prevents the gathering of feet in your mouth.

The judge apologized for his error in that regard. The witness was allowed to sit in by the judge IN WRITING earlier.

So? The witness will not be believed, with good reason.

That is all I said.

The bottom line so far is that Mueller has not presented a single witness that he didn't threaten, coerce, or pay large sums of money to in order to gain the testimony he wants.

No unbiased juror could vote for anything but acquittal under such obvious abuse of the Justice system.
 
riverman said:

yeah...strange form of amusement to insult my wife as a first generation American who according to him is the problem with America....

Never happened.
 
Simply a legal necessity given the ballistic extremes in abusing the legal system that the victim-generation resorts to when told the simple truth.

You can be absolutely certain that MARIS61 stands behind every post he/she makes. :cheers:

Saying a fiction message character stands behind every post he/she makes doesn't mean much except that this fictional message board character is apparently a hermaphrodite.
 
riverman said:

yeah...strange form of amusement to insult my wife as a first generation American who according to him is the problem with America....

Never happened.

You did, just like you've insulted my family.
 
Manafort trial is complicated but Americans need to know this
1523823304688.jpg

By Hans A. von Spakovsky | Fox News

Judge delays start of Day 9 of Paul Manafort trial
Prosecutors had been expected to rest their case before the delay; reaction from James Trusty, former Department of Justice prosecutor.

The first two weeks of the trial of former Donald Trump presidential campaign chairman Paul Manafort on 18 counts of tax evasion and bank fraud charges have failed to implicate Trump or his campaign in any alleged criminal conduct.

Prosecutors working for Special Counsel Robert Mueller – who is investigating Russia’s interference in the 2016 presidential election – are expected to call their final witness Monday at Manafort’s trial in U.S. District Court in Alexandria, Virginia. If convicted on all counts, Manafort could face a maximum sentence of 305 years in prison.

So far we’ve learned that the prosecution’s star witness, former Manafort employee Rick Gates, is a liar, a serial adulterer and a thief who embezzled funds from Manafort.

And we’ve learned that Manafort is alleged to have evaded paying taxes on income that he and Gates earned through secret offshore bank accounts, shell companies and fraudulent bank loans.

But when it comes to the mandate given to Mueller on May 17, 2017, we’ve learned absolutely nothing. Mueller was charged with investigating “any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump.”

But neither Gates nor any other witness at the Manafort trial has testified about the Russian election interference or any alleged collusion between the Trump campaign – or Trump himself – with the Russians.

Manafort was with the Trump presidential campaign for just under five months. That’s a tiny sliver of the long career of the 68-year-old.

All of the testimony at the Manafort trial has addressed events that occurred long before Manafort went to work for 2016 Trump campaign. The testimony has focused on Manafort’s and Gates’s activities as alleged “unregistered agents” representing the Ukrainian government starting in 2006.

It would be absurd to argue that Manafort’s other clients in the 12 years since then are somehow to blame for any criminal activity he may have engaged in – and prosecutors aren’t even trying to point the finger at President Trump for these activities.

Manafort’s lawyers claim that Gates was the actual wrongdoer, and they subjected him to a punishing cross-examination.

Under questioning, Gates was forced to admit that he lied to the investigators from the special counsel’s office; embezzled huge amounts of money from Manafort and prior employers; and used the stolen funds in part to pay for extramarital affairs and a “secret life” that included an apartment and a girlfriend in London.

Through their cross-examination, Manafort’s lawyers pushed the idea to the jury that Gates got accountants to falsify Manafort’s tax returns in order to cover up the embezzling. Gates’ fraud apparently included submitting fraudulent personal expenses to the Trump inauguration committee.

Prosecutors tried to counter this with testimony by an FBI forensic accountant, an Internal Revenue Service agent, and Manafort’s own accountant. The accountant testified under a grant of immunity that although she worked with Gates a lot, she "believed " Manafort “knew what was going on.”

At a prior hearing in this case, the presiding federal judge – the very colorful T.S. Ellis III – said that Mueller is prosecuting Manafort in part because he wants Manafort to “sing” – in other words, testify against President Trump on other unrelated matters.

Ellis said at the earlier hearing that Mueller set out to “turn the screws and get the information you really want” from Manafort. And that information, according to the judge, is what “Manafort can give you that would reflect on Mr. Trump and lead to his prosecution or impeachment.”

It is certainly possible that Gates has some kind of evidence relevant to the Russian collusion allegation that Mueller has not yet made public. And perhaps Manafort also has similar evidence.

But so far at least, Manafort has chosen not to cooperate with Mueller. There was a hint of this in the trial with regard to Gates after the judge issued an order on Thursday at the request of the government. The order sealed portions of a “sidebar” conference the lawyers had with the judge to avoid “revealing substantive evidence pertaining to an ongoing government investigation.”

If Gates is the one with this “secret” evidence against the Trump campaign, the government will face a severe witness-credibility problem, given his embarrassing admissions on the stand in the Manafort trial.

Moreover, Gates admitted that he was threatened with 290 years in prison by Mueller’s team –but was promised he could get off with just probation if he agreed to testify against Manafort. That certainly gives Gates an enormous incentive to allege criminal conduct by Manafort. It’s hard to believe that prosecutors would offer Gates a “get out of jail free card” if he testified that Manafort did nothing wrong.

If Manafort is found guilty of tax evasion and bank fraud, some will try to use his very brief association with the Trump campaign to tar the president. But such criticism would ignore two crucial facts.

First, presidential campaigns are not law enforcement agencies. They have neither the capacity nor the resources to do detailed background investigations on the thousands of individuals who volunteer to work with a campaign.

Second, Manafort appeared to be a successful, ethical businessman. Even the government – including the IRS, the FBI and our intelligence agencies – had no idea that he was allegedly engaging in any wrongdoing for a foreign government through an elaborate scheme of offshore bank accounts and shell companies, until Mueller’s office started investigating him.

In an odd point in the trial, Gates testified that he and Manafort actually told the FBI about their offshore bank accounts in Cypress back in 2014. At the time, the FBI was investigating the former Ukrainian president. Gates and Manafort disclosed the accounts to the agent, because that is how the Ukrainian government paid them.


Yet the FBI apparently did nothing about this and did not notify the IRS. There has been no explanation from the government as to why it took no action at that time.


And surely the Trump campaign cannot be legitimately criticized for not knowing, as the federal government did not know, what Manafort and Gates were supposedly doing vis a vis their personal finances and income tax liability.

The bottom line is this: The Manafort trial is about alleged criminal activity by Manafort and Gates. If Manafort had not spent less than five months working as a volunteer on the Trump presidential campaign he might never have even been charged with a crime.

However, Manafort’s short time in a high-visibility role with the campaign placed all his past activities – having nothing to do with Donald Trump – under the microscope.

In the unlikely event Manafort had been charged with the same crimes but had never joined the Trump campaign his trial would no doubt have attracted only a small amount of media attention. Only his association with Trump has turned his trial into a major news story.

The Manafort trial is complicated. It is receiving enormous news coverage. Most Americans don’t have the time or interest to follow every detail on a daily basis. So it’s understandable that many people assume the trial has something or other to do with President Trump and his campaign.

But that assumption is a mistake. Whether you support President Trump or oppose him, the simple and indisputable fact is that nothing in the Manafort trial so far has revealed any evidence of collusion with Russia or any other misconduct by President Trump or his campaign.


This trial is about Paul Manafort and Rick Gates – not Donald Trump.

http://www.foxnews.com/opinion/2018...plicated-but-americans-need-to-know-this.html
 
Never happened.
You sure did....you are not truthful enough to own it....it's when I put you on ignore and kept you there...and why....you said immigrants come to this country and sponge off welfare....etc...drain your tax dollars....plus a bunch of anti immigrant ranting and sensationalized horseshit....crime, ...etc...when I answered you that my wife was a great first generation American you answered...then you are part of the problem....yeah...play your little fake American games buddy...you don't fool me for a minute...you've insulted me an my wife and now you can just live with your own jaded sense of false nationalism.....you throw it out there...own it and understand....you've lost all respect from my camp...respect is earned...you've shown me very little hence....I mute your babble. I skim your posts if I forget to log on so I noticed this one....my family is an asset to this country....unlike you, I won't judge yours but I also won't stand for your judgements against mine. I have honest convictions. You have Fox news feeds and deep state paranoia ...learn common decency and respect...my wife read that post and was insulted by it
 
Last edited:
Saying a fiction message character stands behind every post he/she makes doesn't mean much except that this fictional message board character is apparently a hermaphrodite.

Bigot.

We are in the age of gender-deniability, and you are casting aspersions on victims of birth defects? :dunno:
 
sure did....you are not truthful enough to own it....it's when I put you on ignore and kept you there...and why....you said immigrants come to this country and sponge off welfare....etc...drain you tax dollars....plus a bunch of horseshit....crime...etc...when I answered you that my wife was a great American you answered...then you are part of the problem....yeah...play your little fake American games buddy...you don't fool me for a minute...you've insulted me an my wife and now you can just live with your own jaded sense of false nationalism.....you throw it out there...own it

I don't post about immigrants, except in a positive light. Immigrants created every single current country on Earth, so they are us and we are them.

I have posted often about criminals, including illegal aliens, pointing out their flawed character and their selfish desertion of their homelands.

I was not aware your wife is an illegal alien, but I am still waiting for you to produce this non-existent post you rant about every time you are losing a debate.

Put up or shut up.
 
I don't post about immigrants, except in a positive light. Immigrants created every single current country on Earth, so they are us and we are them.

I have posted often about criminals, including illegal aliens, pointing out their flawed character and their selfish desertion of their homelands.

I was not aware your wife is an illegal alien, but I am still waiting for you to produce this non-existent post you rant about every time you are losing a debate.

Put up or shut up.

boF61Rj.gif
 
I don't post about immigrants, except in a positive light. Immigrants created every single current country on Earth, so they are us and we are them.

I have posted often about criminals, including illegal aliens, pointing out their flawed character and their selfish desertion of their homelands.

I was not aware your wife is an illegal alien, but I am still waiting for you to produce this non-existent post you rant about every time you are losing a debate.

Put up or shut up.
own your own babble....debate that with the voices in your head
 
Bigot.

We are in the age of gender-deniability, and you are casting aspersions on victims of birth defects? :dunno:

Not really, you said your fictional message board character was a he/she, I took that to mean it's a hermaphrodite. If your fictional message board character isn't then that's cool too.
 
All of the testimony at the Manafort trial has addressed events that occurred long before Manafort went to work for 2016 Trump campaign.


That is simply false.

The Manafort trial is complicated. It is receiving enormous news coverage. Most Americans don’t have the time or interest to follow every detail on a daily basis.

Apparently that includes the author of this drivel.

barfo
 
Proof you know nothing about the trial.

So far, unless there's some shocker revelation Monday, the defense may not even need to present any rebuttal witnesses.

No evidence has been submitted that points to any crimes other than by Gates and the other witnesses given total immunity by Mueller. Now it has come out Gates also committed fraud against the RNC to cover his embezzling from Manafort. He's looking at a huge civil suit that Mueller can't save him from.
Everybody that's got a law degree agrees with me.

Tell you what, let's place a bet on it. You name the stakes.
 
I don't post about immigrants, except in a positive light. Immigrants created every single current country on Earth, so they are us and we are them.

I have posted often about criminals, including illegal aliens, pointing out their flawed character and their selfish desertion of their homelands.

I was not aware your wife is an illegal alien, but I am still waiting for you to produce this non-existent post you rant about every time you are losing a debate.

Put up or shut up.
Riverman doesn't rant. All of his posts are reasoned out. Can't say the same for your posts.
 

That is simply false.



Apparently that includes the author of this drivel.

barfo
The guy was influence peddling after the campaign based on his for free service during the campaign and he had Trump's endorsement to do that. The endorsement will be harder to prove.Trump is sneaky as a snake in the grass.
 
Looks like Mueller decided these 3 would simply prove Manafort's innocence even further than Gates did, as all 3 seem to have used him, rather than been cohorts. Just like Gates did.

Maybe the defense will call them as hostile witnesses? :dunno:

08/13/2018 03:07 pm ET

3 Missing Men At The Manafort Trial

It appears prosecutors from special counsel Robert Mueller’s office have decided not to call three seemingly key figures.

partner-yahoo-eb9cea22047c894964b2d57e3b35a3eb7b4ed6e6222b2f74398f8186192cc0a8.png

Luppe B. Luppen


ALEXANDRIA, Va. — As the trial of President Trump’s former campaign chairman resumes today, it appears prosecutors from special counsel Robert Mueller’s office have decided not to call three seemingly key figures. The absence of these witnesses offers intriguing hints about potential ongoing investigations and additional prosecutions that could yet take place.


It became clear these witnesses would not appear when Greg D. Andres, Mueller’s lead prosecutor at Paul Manafort’s trial for alleged financial fraud, confirmed to Judge T.S. Ellis III before court let out last week that the prosecution has only one or two more witnesses to present to the jury. The prosecutors’ final witnesses will be James Brennan, an officer of the Federal Savings Bank, and potentially Paula Liss, a senior special agent at the Treasury Department’s Financial Crimes Enforcement Network.


Last week, Richard Gates, Manafort’s erstwhile right-hand man who pleaded guilty and agreed to cooperate with the Mueller team earlier this year, provided both damaging testimony against Manafort and an opportunity for the defense team to take some heat off their client with a withering cross-examination, which featured dramatic exchanges about Gates’s marital infidelity, his padding of expense reports and his admitted theft of Manafort’s funds.


While the drama over Gates’s appearance captured a great deal of attention, the absence of other key figures has gone largely undiscussed. This brief list, which is by no means comprehensive, includes several people who are knowledgeable about Manafort’s alleged crimes, according to the testimony of other witnesses, but who are not being called by prosecutors to the stand:


1. Jeffrey Yohai – Manafort’s former son-in-law. Given earlier reporting that he was cooperating with federal investigators, Yohai’s absence from the prosecution’s witness list in Alexandria is one of the towering mysteries in the case. Manafort’s daughter Jessica divorced Yohai last year, but before the marriage broke up, Yohai was Manafort’s real estate partner.


One part of the alleged bank fraud scheme involves Yohai and Manafort seeking loans from the Banc of California to buy or build houses and apartment complexes to rent out in Southern California. A Banc of California employee called to the stand this week testified that Yohai did not bring much to the relationship. Yohai personally offered “very weak financial support,” Gary Seferian testified, and the properties he and Manafort asked the bank to finance were less complete than Yohai had claimed. Prosecutors also had Seferian read from a May 2016 email he’d written indicating that Yohai had “no experience” flipping the sort of expensive Los Angeles homes he and Manafort planned to buy. Unimpressed with Yohai, the bank looked to Manafort’s assets and income as the primary source of repayment for their loans, and prosecutors allege that Manafort had misrepresented those finances.


A separate part of the alleged bank fraud scheme involved Manafort seeking more favorable terms on loans from Citizens Bank by misleading the bank and its appraisers about the use of his condo in the SoHo neighborhood of Manhattan. Jurors heard testimony from Citizens Bank employees and were shown emails indicating that Manafort recruited his own daughter and Yohai into putting on a charade for the bank’s appraiser. “Remember, he believes that you and Jessica are living there,” Manafort wrote to Yohai in one email. The purpose of the ruse was to persuade Citizens Bank that the extended Manafort family was using the condo as a second home, when in truth Manafort was renting out the condo on Airbnb and similar websites. (A former Navy SEAL who now works at Airbnb described to the jury how often the condo was listed on the site.)


Several media outlets reported earlier this year that Yohai had struck a plea agreement with the U.S. attorney’s office in Los Angeles and agreed to cooperate with the government, including the special counsel’s office, in exchange for reduced charges relating to a bank fraud conspiracy in his real estate business. That agreement, if it exists, remains under seal. The government has not publicly charged Yohai with a crime.


The most natural venue for Yohai’s cooperation would have been this Manafort trial, where the alleged bank fraud is at issue. (Manafort has a second trial coming up in D.C., but it will focus on his alleged unregistered lobbying on behalf of foreign governments.) Were the reports of a deal wrong? Is the special counsel’s office saving Yohai’s testimony for something else, perhaps involving Manafort’s foreign activities? Has it lost confidence in Yohai as a witness?


In response to these questions and others, Peter Carr, the spokesman for the special counsel’s office, declined to comment “beyond what was said in court.” A member of the defense team did not respond to a request for comment.


2. Steve Calk — the founder, chairman and CEO of the Federal Savings Bank in Chicago. On Friday, after hours of mysterious delays that scuttled the morning session and kept jurors and spectators in suspense for much of the afternoon, the prosecution called Dennis Raico as its first witness. Raico testified under a grant of immunity about how the bank Calk runs came to give Paul Manafort $16 million of loans — with one of the loans closing shortly after the 2016 presidential election and the other shortly before the 2017 presidential inauguration.


Raico testified that the timing was no coincidence. Calk, he told the court, was angling for a role in the Trump administration, and he took an unusual interest in Manafort’s loan applications, repeatedly meeting privately and socially with Manafort and discussing loan terms with him directly. Raico testified that he had never seen the bank’s CEO previously get involved with an individual loan application. During the summer of 2016, Manafort had already exercised his influence to put Calk on a Trump campaign advisory committee, and Calk indicated to Raico that he wanted to be part of a future Trump administration. A few days after Trump won the election, and shortly before the first loan closed, Calk called Raico and asked him to call Manafort to inquire whether Calk “was up for treasury secretary or HUD?” Raico was uncomfortable with the request and didn’t make the call.


Email evidence initially introduced earlier showed that Manafort had used his influence during the transition to push Calk for a post as secretary of the Army. Raico’s testimony was bracing and persuasive, and Monday’s witness will likely make a similar impression. However, these other bank officers are generally able to testify only about their limited firsthand knowledge, they were not at all the dinners and privy to all the phone conversations between the bank CEO and the campaign chairman. Calk’s own immunized testimony against Manafort would almost certainly be much more powerful, yet the prosecutors do not plan to call him. Why not?


Raico’s testimony potentially implicates Calk as well as Manafort. It is a federal offense for a person to give or offer money or other things of value to someone in exchange for that second person’s promise to use his or her influence to get the first person appointed to a government job. In addition, Raico’s testimony raises questions of whether Calk defrauded the bank, its investors and its regulators in some way. The government has no apparent plans to call Calk as a witness, and so it’s reasonable to conclude they haven’t offered him any kind of immunity and he may be in grave legal jeopardy. However, as of this writing, he has not been publicly charged with a crime.


3. David Fallarino — Manafort’s front office banker at Citizens Bank. Jurors heard testimony on Thursday last week from two of Fallarino’s assistants, who were asked to describe a number of emails Fallarino had sent and received, framing the sort of financial information he needed to receive from Manafort. Earlier in the week, jurors had seen evidence of how Manafort took these emails as instructions showing how to effectively falsify his financial documents to win approval of the loan he desired. On Thursday, jurors also heard from an underwriting supervisor at the bank who processed the Manafort loans Fallarino had recommended.


The testimony of Fallarino’s assistants, his underwriting colleague and the raft of emails prosecutors introduced into evidence all make clear that Fallarino was the main point of contact between Manafort and Gates and Citizens Bank, and Fallarino almost certainly has the most information surrounding any misrepresentations. So what explains Fallarino’s absence from the stand? One theory, which I think best fits the facts, is that Fallarino refused to testify without immunity, and the government refused to grant it. That would reflect the prosecutors’ judgment that they could prove the elements of their case against Manafort that relate to Citizens Bank with the testimony of the lower level employees who ultimately appeared without being granted immunity, and that they preferred not to give up the government’s ability to prosecute Fallarino. While Fallarino has not been publicly charged with a crime, it appears that he too may be in substantial legal jeopardy.


It’s not clear whether the defense will seek to call Yohai, Calk or Fallarino to testify on Manafort’s behalf, but the evidence introduced in court thus far makes that possibility appear remote. By not procuring testimony from these potential witnesses, the special counsel’s office appears to have accepted some added difficulties in its prosecution of Manafort in order to protect the Department of Justice’s ability to pursue other ongoing inquiries. It’s a fair bet there’s a lot more to come from this story.


_____


Luppe B. Luppen is a lawyer and a writer in New York City. Born and raised in Los Angeles, he graduated from Stanford University (2005) and Washington & Lee School of Law (2008). He is @nycsouthpaw on twitter.
 
Looks like Mueller decided these 3 would simply prove Manafort's innocence even further than Gates did, as all 3 seem to have used him, rather than been cohorts. Just like Gates did.

Maybe the defense will call them as hostile witnesses? :dunno:

08/13/2018 03:07 pm ET

3 Missing Men At The Manafort Trial

It appears prosecutors from special counsel Robert Mueller’s office have decided not to call three seemingly key figures.

partner-yahoo-eb9cea22047c894964b2d57e3b35a3eb7b4ed6e6222b2f74398f8186192cc0a8.png

Luppe B. Luppen


ALEXANDRIA, Va. — As the trial of President Trump’s former campaign chairman resumes today, it appears prosecutors from special counsel Robert Mueller’s office have decided not to call three seemingly key figures. The absence of these witnesses offers intriguing hints about potential ongoing investigations and additional prosecutions that could yet take place.


It became clear these witnesses would not appear when Greg D. Andres, Mueller’s lead prosecutor at Paul Manafort’s trial for alleged financial fraud, confirmed to Judge T.S. Ellis III before court let out last week that the prosecution has only one or two more witnesses to present to the jury. The prosecutors’ final witnesses will be James Brennan, an officer of the Federal Savings Bank, and potentially Paula Liss, a senior special agent at the Treasury Department’s Financial Crimes Enforcement Network.


Last week, Richard Gates, Manafort’s erstwhile right-hand man who pleaded guilty and agreed to cooperate with the Mueller team earlier this year, provided both damaging testimony against Manafort and an opportunity for the defense team to take some heat off their client with a withering cross-examination, which featured dramatic exchanges about Gates’s marital infidelity, his padding of expense reports and his admitted theft of Manafort’s funds.


While the drama over Gates’s appearance captured a great deal of attention, the absence of other key figures has gone largely undiscussed. This brief list, which is by no means comprehensive, includes several people who are knowledgeable about Manafort’s alleged crimes, according to the testimony of other witnesses, but who are not being called by prosecutors to the stand:


1. Jeffrey Yohai – Manafort’s former son-in-law. Given earlier reporting that he was cooperating with federal investigators, Yohai’s absence from the prosecution’s witness list in Alexandria is one of the towering mysteries in the case. Manafort’s daughter Jessica divorced Yohai last year, but before the marriage broke up, Yohai was Manafort’s real estate partner.


One part of the alleged bank fraud scheme involves Yohai and Manafort seeking loans from the Banc of California to buy or build houses and apartment complexes to rent out in Southern California. A Banc of California employee called to the stand this week testified that Yohai did not bring much to the relationship. Yohai personally offered “very weak financial support,” Gary Seferian testified, and the properties he and Manafort asked the bank to finance were less complete than Yohai had claimed. Prosecutors also had Seferian read from a May 2016 email he’d written indicating that Yohai had “no experience” flipping the sort of expensive Los Angeles homes he and Manafort planned to buy. Unimpressed with Yohai, the bank looked to Manafort’s assets and income as the primary source of repayment for their loans, and prosecutors allege that Manafort had misrepresented those finances.


A separate part of the alleged bank fraud scheme involved Manafort seeking more favorable terms on loans from Citizens Bank by misleading the bank and its appraisers about the use of his condo in the SoHo neighborhood of Manhattan. Jurors heard testimony from Citizens Bank employees and were shown emails indicating that Manafort recruited his own daughter and Yohai into putting on a charade for the bank’s appraiser. “Remember, he believes that you and Jessica are living there,” Manafort wrote to Yohai in one email. The purpose of the ruse was to persuade Citizens Bank that the extended Manafort family was using the condo as a second home, when in truth Manafort was renting out the condo on Airbnb and similar websites. (A former Navy SEAL who now works at Airbnb described to the jury how often the condo was listed on the site.)


Several media outlets reported earlier this year that Yohai had struck a plea agreement with the U.S. attorney’s office in Los Angeles and agreed to cooperate with the government, including the special counsel’s office, in exchange for reduced charges relating to a bank fraud conspiracy in his real estate business. That agreement, if it exists, remains under seal. The government has not publicly charged Yohai with a crime.


The most natural venue for Yohai’s cooperation would have been this Manafort trial, where the alleged bank fraud is at issue. (Manafort has a second trial coming up in D.C., but it will focus on his alleged unregistered lobbying on behalf of foreign governments.) Were the reports of a deal wrong? Is the special counsel’s office saving Yohai’s testimony for something else, perhaps involving Manafort’s foreign activities? Has it lost confidence in Yohai as a witness?


In response to these questions and others, Peter Carr, the spokesman for the special counsel’s office, declined to comment “beyond what was said in court.” A member of the defense team did not respond to a request for comment.


2. Steve Calk — the founder, chairman and CEO of the Federal Savings Bank in Chicago. On Friday, after hours of mysterious delays that scuttled the morning session and kept jurors and spectators in suspense for much of the afternoon, the prosecution called Dennis Raico as its first witness. Raico testified under a grant of immunity about how the bank Calk runs came to give Paul Manafort $16 million of loans — with one of the loans closing shortly after the 2016 presidential election and the other shortly before the 2017 presidential inauguration.


Raico testified that the timing was no coincidence. Calk, he told the court, was angling for a role in the Trump administration, and he took an unusual interest in Manafort’s loan applications, repeatedly meeting privately and socially with Manafort and discussing loan terms with him directly. Raico testified that he had never seen the bank’s CEO previously get involved with an individual loan application. During the summer of 2016, Manafort had already exercised his influence to put Calk on a Trump campaign advisory committee, and Calk indicated to Raico that he wanted to be part of a future Trump administration. A few days after Trump won the election, and shortly before the first loan closed, Calk called Raico and asked him to call Manafort to inquire whether Calk “was up for treasury secretary or HUD?” Raico was uncomfortable with the request and didn’t make the call.


Email evidence initially introduced earlier showed that Manafort had used his influence during the transition to push Calk for a post as secretary of the Army. Raico’s testimony was bracing and persuasive, and Monday’s witness will likely make a similar impression. However, these other bank officers are generally able to testify only about their limited firsthand knowledge, they were not at all the dinners and privy to all the phone conversations between the bank CEO and the campaign chairman. Calk’s own immunized testimony against Manafort would almost certainly be much more powerful, yet the prosecutors do not plan to call him. Why not?


Raico’s testimony potentially implicates Calk as well as Manafort. It is a federal offense for a person to give or offer money or other things of value to someone in exchange for that second person’s promise to use his or her influence to get the first person appointed to a government job. In addition, Raico’s testimony raises questions of whether Calk defrauded the bank, its investors and its regulators in some way. The government has no apparent plans to call Calk as a witness, and so it’s reasonable to conclude they haven’t offered him any kind of immunity and he may be in grave legal jeopardy. However, as of this writing, he has not been publicly charged with a crime.


3. David Fallarino — Manafort’s front office banker at Citizens Bank. Jurors heard testimony on Thursday last week from two of Fallarino’s assistants, who were asked to describe a number of emails Fallarino had sent and received, framing the sort of financial information he needed to receive from Manafort. Earlier in the week, jurors had seen evidence of how Manafort took these emails as instructions showing how to effectively falsify his financial documents to win approval of the loan he desired. On Thursday, jurors also heard from an underwriting supervisor at the bank who processed the Manafort loans Fallarino had recommended.


The testimony of Fallarino’s assistants, his underwriting colleague and the raft of emails prosecutors introduced into evidence all make clear that Fallarino was the main point of contact between Manafort and Gates and Citizens Bank, and Fallarino almost certainly has the most information surrounding any misrepresentations. So what explains Fallarino’s absence from the stand? One theory, which I think best fits the facts, is that Fallarino refused to testify without immunity, and the government refused to grant it. That would reflect the prosecutors’ judgment that they could prove the elements of their case against Manafort that relate to Citizens Bank with the testimony of the lower level employees who ultimately appeared without being granted immunity, and that they preferred not to give up the government’s ability to prosecute Fallarino. While Fallarino has not been publicly charged with a crime, it appears that he too may be in substantial legal jeopardy.


It’s not clear whether the defense will seek to call Yohai, Calk or Fallarino to testify on Manafort’s behalf, but the evidence introduced in court thus far makes that possibility appear remote. By not procuring testimony from these potential witnesses, the special counsel’s office appears to have accepted some added difficulties in its prosecution of Manafort in order to protect the Department of Justice’s ability to pursue other ongoing inquiries. It’s a fair bet there’s a lot more to come from this story.


_____


Luppe B. Luppen is a lawyer and a writer in New York City. Born and raised in Los Angeles, he graduated from Stanford University (2005) and Washington & Lee School of Law (2008). He is @nycsouthpaw on twitter.
I heard on the news tonight that they called 27 witnesses. Seems like that ought to be more than enough.
 

Users who are viewing this thread

Back
Top