Michael Cohen Pleads Gulity to 8 Charges
Posted on Tue Aug 21, 2018 at 09:07:34 PM EST
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Michael Cohen pleaded guilty to 8 charges today in New York.
The Information (charges against him) is here. More interesting is his plea agreement which is available here. [More...]
The plea agreement references a proffer agreement which of course we do not have. But the fact that it exists shows he at least attempted to get a sentencing concession by providing information to the Government. It also appears, as I mention later on, he dodged a RICO (organized crime)charge, at least for now. Another benefit it appears he received is that his wife isn't being charged.
The charges he pleaded guilty to are: five counts of willful tax evasion; one count of making false statements to a bank to influence a credit decision; one count of causing an unlawful corporate campaign contribution; and one count of making an excessive personal campaign contribution.
The 5 counts of tax evasion were for 2012 - 2016, during which he failed to report $4.1 million income on which he should have paid $1.4 million in taxes. The false statements to a bank to influence a lending decision relate to the loan for the Stormy Daniels payment-- he failed to disclose more than $14 million in debt when applying for the $500,000 loan.
The first campaign violation count was for causing an unlawful corporate campaign contribution (June 2016-October 2016, the National Enquirer payment to Karen McDougal as hush money just prior to the election). The other campaign contribution violation count is for making an excessive personal campaign contribution at the request of a candidate or a campaign (Donald Trump).
In court, during his guilty plea, according to reporters who were there, he agreed he worked in coordination with and at the direction of a candidate to make and arrange hush payments to two women to influence an election. That is pretty astounding. I haven't seen the transcript but if accurate, then he declared under oath that Donald Trump directed him to commit a federal crime.
A Prosecutor held a press conference after the plea. I watched, here is what he said: Cohen paid to silence two women he thought had information that would hurt the campaign and candidate. He used the word "they" not "he" or "Cohen" in describing the submission of false invoices for reimbursement to the candidate's company. In fact, he said, Cohen provided no legal services for 2017, and the false invoices were simply a means to obtain reimbursement. Cohen engaged in lies and dishonesty over a period of time. It is particularly serious when done by a lawyer. He's going to pay a very serious price.
There is something curious to me in his plea agreement available here. As to crimes for which he will not be further prosecuted, it lists the 8 counts in the Information, and also:
5) making false statements to a financial institution in connection with a credit decision by Sterling National Bank, from at least in or about October 2016, up to an including in or about April, 2018, it being understood that this agreement does not bar the use of such conduct as a predicate act or as the basis for a sentencing enhancement in a subsequent prosecution including, but not limited to, a prosecution pursuant to 18 U.S.C. §§ 1961 et seq.
That's the RICO statute (organized crime.) So, is that what they would have charged him with had he not agreed to plead guilty to the other crimes today? If so, than he is getting a sentencing benefit via "charge-bargaining" -- the RICO guidelines would have resulted in a higher sentencing guideline range and the amount of loss for the fraud claims would have been much higher.
Cohen is released on bond and sentencing is set for December 12. His guidelines are estimated by both sides to be between 46 to 63 months. The plea agreement states he can't ask for a departure from the guidelines, but he can request a variance (a lesser, non-guideline sentence.)
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