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"Why Young Americans Are Not Taught about Evil" Status: Not Logged In; Sign In United States News See other United States News Articles Title: Cohen Pleads Guilty to Tax Evasion, Claims Trump Told Him to Pay Off Paramours Source: Reason URL Source: http://reason.com/blog/2018/08/21/c ... ds-guilty-to-tax-evasion-claim Published: Aug 21, 2018 Author: Scott Shackford Post Date: 2018-08-22 05:17:48 by Deckard Keywords: None Views: 5041 Comments: 53 Those payments are being treated as campaign violations. Michael Cohen, former lawyer for President Donald Trump, has pleaded guilty to eight charges, including coordinating with Trump during the campaign to make payments to women in order to silence them about sexual liasions. In federal court in Manhattan this afternoon, Cohen surrendered to the FBI and pleaded guilty to five counts of tax evasion from 2012 to 2016 (equal to more than $4 million), one count of making a false statement to a financial institution, and most importantly, two counts related to illegal campaign contributions from 2016. Cohen told the court that he arranged for payments for porn star Stormy Daniels and Playboy playmate Karen McDougal to keep them silent about sexual relationships with Trump. He says he did so in coordination with Trump, who later reimbursed him $130,000, concealing when the payments took place in order to appear that they didn't happen during the election. Cohen didn't actually name Trump, but he did say he did this at the direction of "a candidate," not leaving many other options as to who that might be. More details of the plea agreement are to come. The agreement does not oblige Cohen to cooperate further with prosecutors. But given the two campaign charges he's pleading guilty to, the lack of a cooperation agreement may not mean a lot. The deal includes jail time and a fine. He'll be sentenced in December. UPDATE: Read the plea agreement here. Read the U.S. attorney's charges here. Post Comment   Private Reply   Ignore Thread   Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 48. #20. To: Deckard, Liberator, Vicomte13, Jameson, misterwhite (#0) Those payments are being treated as campaign violations. Following that logic, if one treats a cat as a dog, the cat becomes a dog. The Mueller team treating the payments as campaign violations or crimes does not make it so. This is rather like the case against a dozen or so Russians that was never intended to proceed to trial. Cohen can plead guilty to alleged counts involving the payments and get out from under the five counts involving tax evasion and the false financial statements count. Mueller gets to say that Cohen pleaded guilty to two counts of violation of campaign contributions, and CANDIDATE-1 was involved. Mueller never has to actually prove anything. Counts 1 thru 5, tax evasion by unreported income of $893,750; $499,400; $670,667; $969,616; and $1,100,618 each carries, in part, a maximum term of 5 years imprisonment and a maximum fine of twice the pecuniary gain derived from the offense. Count 6, false statements to a financial institution in connection with a credit decision, carries, in part, a maximum term of 30 years imprisonment, and a maximum fine of $1,000,000. - - - - - - - - - - In the case of John Edwards, payments were made to Rielle Hunter. https://en.wikipedia.org/wiki/John_Edwards_extramarital_affair In August 2008, Fred Baron, Edwards' campaign finance chairman, told NBC News that he had been providing financial assistance to both Hunter and Young without Edwards' knowledge; he further stated that no campaign funds had been used. Reportedly, Young had also successfully solicited funds from Rachel Lambert Mellon, also known as "Bunny" Mellon, a 99-year-old heiress to the Mellon fortune. Baron passed away two months later. [...] On June 3, 2011, Edwards was indicted by a North Carolina grand jury on six felony charges. Edwards faced a maximum sentence of thirty years in prison and a $1.5 million fine, or a USD250,000 fine and/or five years imprisonment per charge. The indictment came after the failure of intensive negotiations for a plea bargain agreement. The agreement would have meant that Edwards would have been required to plead guilty to three misdemeanor campaign finance law violations, in addition to a six-month prison sentence, but would have allowed Edwards to keep his law license. After delays, due to John Edwards' medical condition, jury selection for the trial began on April 12, 2012. Opening arguments began on April 23, 2012. A verdict (not guilty on one count and a mistrial on the remaining five) to the trial was reached on May 31, 2012. The trial was criticized by Republicans, such as Michael Steele and Joe Scarborough, who referred to the procedure as "an absolute waste of resources." Wayback Machine Link Prison sentence doomed Edwards plea deal BY J. ANDREW CURLISS AND JOSEPH NEFF - Staff Writers NewsObserver.com Published Sun, Jun 05, 2011 03:17 AM Modified Sun, Jun 05, 2011 12:26 PM Just before John Edwards was indicted Friday, prosecutors made a final offer: They would accept his guilty plea to three misdemeanor campaign finance law violations in the $925,000 cover-up of his affair. With the deal, the former Democratic vice-presidential nominee would avoid a felony conviction - and almost certainly keep the law license that had made him wealthy. [...] https://abcnews.go.com/Politics/john-edwards-guilty-count-admits-moral-failing-mistrial/story?id=16378643 John Edwards Not Guilty on 1 Count, but Admits Moral Failing; Mistrial on 5 Other Counts By James Hill, Russell Goldman, and Beth Loyd GREENSBORO, N.C., May 31, 2012 A North Carolina jury found former Sen. John Edwards not guilty today on one of six counts in a campaign-finance trial, and declared itself hopelessly deadlocked on the remaining charges, leading the judge to declare a mistrial on those counts. Edwards, a two-time presidential candidate, accused of soliciting nearly $1 million from wealthy backers to finance a cover up of his illicit affair and illegitimate child during his 2008 bid for the White House, was found not guilty on count 3 of the six-part indictment. That count pertained only to whether Edwards illegally received several hundred thousand dollars in donations from wealthy heiress Rachel "Bunny" Mellon to cover up the affair in 2008. [...] The Mueller prosecutors wrote the information. It says whatever they want it to say. It does not establish that any act by Trump constituted a crime or an improper use of campaign funds. Below are the alleged campaign contribution counts as they appear in the Plea Agreement and the government Information. Federal felony prosecutions require an Indictment by a Grand Jury, except where the defendant waives his 5th Amendment right to a Grand Jury. After the alleged campaign contribution counts, there follows the laws cited within the counts. There is only one cited section from Title 18, United States Code, Crimes and Criminal Procedure. It is the first quoted statute following the counts. https://assets.documentcloud.org/documents/4779471/Michael-Cohen-s-plea-agreement.pdf Michael Cohen Plea Agreement of 21 August 2018 Count Seven of the Information charges the defendant with willfully causing an unlawful corporate contribution. from at least in or about June 2016, up to and including in or about October 2016, in violation of 52 U.S.C. §§ 30118(a) & 30109(d)(I)(A), and 18 U.S.C. § 2(b). Count Seven carries a maximum term of imprisonment of 5 years; a maximum term of supervised release of 3 years; a maximum fine of $250.000, twice the gross pecuniary gain derived from the offense, or twice the gross pecuniary loss to persons other than the defendant resulting from the offense; and a $100 mandatory special assessment. Count Eight of the Information charges the defendant with making an excessive campaign contribution, on or about October 27, 2016, in violation of 52 U.S.C. §§ 30116(a)(I)(A), 30116(a)(7) & 30109(d)(l)(A), and 18 U.S.C. § 2(b). Count Eight carries a maximum term of imprisonment of 5 years; a maximum term of supervised release of 3 years; a maximum fine of $250,000, twice the gross pecuniary gain derived from the offense. or twice the gross pecuniary loss to persons other than the defendant resulting from the offense, and a $100 mandatory special assessment. - - - - - - - - - - - - - - - - - - - - https://assets.documentcloud.org/documents/4779489/Cohen-Information.pdf Cohen Information of 21 August 2018 COUNT 7 (Causing an Unlawful Corporate Contribution) The United States Attorney further charges: 41. The allegations contained in paragraphs 1 through 3, and 24 through 40 are repeated and realleged as though fully set forth herein. 42. From in or about June 2016, up to and including in or about October 2016, in the Southern District of New York and elsewhere, MICHAEL COHEN, the defendant, knowingly and willfully caused a corporation to make a contribution and expenditure, aggregating $25,000 and more during the 2016 calendar year, to the campaign of a candidate for President of the United States, to wit, COHEN caused Corporation-1 to make and advance a $150,000 payment to Woman-1, including through the promise of reimbursement, so as to ensure that Woman-1 did not publicize damaging allegations before the 2016 presidential election and thereby influence that election. (Title 52, United States Code, Sections 30118(a) and 30109(d) (1) (A), and Title 18, United States Code, Section 2(b).) COUNT 8 (Excessive Campaign Contribution) The United States Attorney further charges: 43. The allegations contained in paragraphs 1 through 3, and 24 through 40 are repeated and realleged as though fully set forth herein. 44. On or about October 27, 2016, in the Southern District of New York and elsewhere, MICHAEL COHEN, the defendant, knowingly and willfully made and caused to be made a contribution to Individual-1, a candidate for Federal office, and his authorized political committee in excess of the limits of the Election Act, which aggregated $25,000 and more in calendar year 2016, and did so by making and causing to be made an expenditure, in cooperation, consultation, and concert with, and at the request and suggestion of one or more members of the campaign, to wit, COHEN made a $130,000 payment to Woman-2 to ensure that she did not publicize damaging allegations before the 2016 presidential election and thereby influence that election. (Title 52, United States Code, Sections 30116(a) (1) (A), 30116(a) (7), and 30109(d) (1) (A), and Title 18, United States Code, Section 2(b).) - - - - - - - - - - - - - - - - - - - - https://law.justia.com/codes/us/2016/title-18/part-i/chapter-1/sec.-2/ 2016 US Code Title 18 - Crimes and Criminal Procedure Part I - Crimes Chapter 1 - General Provisions Sec. 2 - Principals 18 U.S.C. § 2 (2016) §2. Principals (a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. (b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal. (June 25, 1948, ch. 645, 62 Stat. 684; Oct. 31, 1951, ch. 655, §17b, 65 Stat. 717.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §550 (Mar. 4, 1909, ch. 321, §332, 35 Stat. 1152). Section 2(a) comprises section 550 of title 18, U.S.C., 1940 ed., without change except in minor matters of phraseology. Section 2(b) is added to permit the deletion from many sections throughout the revision of such phrases as "causes or procures". The section as revised makes clear the legislative intent to punish as a principal not only one who directly commits an offense and one who "aids, abets, counsels, commands, induces or procures" another to commit an offense, but also anyone who causes the doing of an act which if done by him directly would render him guilty of an offense against the United States. It removes all doubt that one who puts in motion or assists in the illegal enterprise but causes the commission of an indispensable element of the offense by an innocent agent or instrumentality, is guilty as a principal even though he intentionally refrained from the direct act constituting the completed offense. This accords with the following decisions: Rothenburg v. United States, 1918, 38 S. Ct. 18, 245 U.S. 480, 62 L. Ed. 414, and United States v. Hodorowicz, C. C. A. Ill. 1939, 105 F. 2d 218, certiorari denied, 60 S. Ct. 108, 308 U.S. 584, 84 L. Ed. 489. United States v. Giles, 1937, 57 S. Ct. 340, 300 U.S. 41, 81 L. Ed. 493, rehearing denied, 57 S. Ct. 505, 300 U.S. 687, 81 L. Ed. 888. AMENDMENTS 1951—Subsec. (a). Act Oct. 31, 1951, inserted "punishable as". Subsec. (b). Act Oct. 31, 1951, inserted "willfully" before "causes", and "or another" after "him", and substituted "is punishable as a principal" for "is also a principal and punishable as such". - - - - - - - - - - - - - - - - - - - - https://law.justia.com/codes/us/2016/title-52/subtitle-iii/chapter-301/subchapter-i/sec.-30118/ Title 52 - Voting and Elections Subtitle III - Federal Campaign Finance Chapter 301 - Federal Election Campaigns Subchapter I - Disclosure of Federal Campaign Funds Sec. 30118 - Contributions or expenditures by national banks, corporations, or labor organizations 52 U.S.C. § 30118 (2016) §30118. Contributions or expenditures by national banks, corporations, or labor organizations (a) In general It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution or expenditure in connection with any election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, or for any corporation whatever, or any labor organization, to make a contribution or expenditure in connection with any election at which presidential and vice presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to, Congress are to be voted for, or in connection with any primary election or political convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person knowingly to accept or receive any contribution prohibited by this section, or any officer or any director of any corporation or any national bank or any officer of any labor organization to consent to any contribution or expenditure by the corporation, national bank, or labor organization, as the case may be, prohibited by this section. [...] https://law.justia.com/codes/us/2016/title-52/subtitle-iii/chapter-301/subchapter-i/sec.-30109/ 2016 US Code Title 52 - Voting and Elections Subtitle III - Federal Campaign Finance Chapter 301 - Federal Election Campaigns Subchapter I - Disclosure of Federal Campaign Funds Sec. 30109 - Enforcement 52 U.S.C. § 30109 (2016) §30109. Enforcement [...] (d) Penalties; defenses; mitigation of offenses (1)(A) Any person who knowingly and willfully commits a violation of any provision of this Act which involves the making, receiving, or reporting of any contribution, donation, or expenditure— (i) aggregating $25,000 or more during a calendar year shall be fined under title 18, or imprisoned for not more than 5 years, or both; or (ii) aggregating $2,000 or more (but less than $25,000) during a calendar year shall be fined under such title, or imprisoned for not more than 1 year, or both. [...] https://law.justia.com/codes/us/2016/title-52/subtitle-iii/chapter-301/subchapter-i/sec.-30116/ 2016 US Code Title 52 - Voting and Elections Subtitle III - Federal Campaign Finance Chapter 301 - Federal Election Campaigns Subchapter I - Disclosure of Federal Campaign Funds Sec. 30116 - Limitations on contributions and expenditures 52 U.S.C. § 30116 (2016) §30116. Limitations on contributions and expenditures (a) Dollar limits on contributions (1) Except as provided in subsection (i) and section 30117 of this title, no person shall make contributions— (A) to any candidate and his authorized political committees with respect to any election for Federal office which, in the aggregate, exceed $2,000; [...] (7) For purposes of this subsection— (A) contributions to a named candidate made to any political committee authorized by such candidate to accept contributions on his behalf shall be considered to be contributions made to such candidate; (B)(i) expenditures made by any person in cooperation, consultation, or concert, with, or at the request or suggestion of, a candidate, his authorized political committees, or their agents, shall be considered to be a contribution to such candidate; (ii) expenditures made by any person (other than a candidate or candidate's authorized committee) in cooperation, consultation, or concert with, or at the request or suggestion of, a national, State, or local committee of a political party, shall be considered to be contributions made to such party committee; and (iii) the financing by any person of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by the candidate, his campaign committees, or their authorized agents shall be considered to be an expenditure for purposes of this paragraph; and 1 (C) if— (i) any person makes, or contracts to make, any disbursement for any electioneering communication (within the meaning of section 30104(f)(3) of this title); and (ii) such disbursement is coordinated with a candidate or an authorized committee of such candidate, a Federal, State, or local political party or committee thereof, or an agent or official of any such candidate, party, or committee; such disbursement or contracting shall be treated as a contribution to the candidate supported by the electioneering communication or that candidate's party and as an expenditure by that candidate or that candidate's party; and (D) contributions made to or for the benefit of any candidate nominated by a political party for election to the office of Vice President of the United States shall be considered to be contributions made to or for the benefit of the candidate of such party for election to the office of President of the United States. - - - - - - - - - - - - - - - - - - - - https://www.law.cornell.edu/rules/frcrmp/rule_7 Federal Rules of Criminal Procedure TITLE III. THE GRAND JURY, THE INDICTMENT, AND THE INFORMATION Rule 7. The Indictment and the Information Rule 7. The Indictment and the Information (a) When Used. (1) Felony. An offense (other than criminal contempt) must be prosecuted by an indictment if it is punishable: (A) by death; or (B) by imprisonment for more than one year. (2) Misdemeanor. An offense punishable by imprisonment for one year or less may be prosecuted in accordance with Rule 58(b)(1). (b) Waiving Indictment. An offense punishable by imprisonment for more than one year may be prosecuted by information if the defendant—in open court and after being advised of the nature of the charge and of the defendant's rights—waives prosecution by indictment. (c) Nature and Contents. (1) In General. The indictment or information must be a plain, concise, and definite written statement of the essential facts constituting the offense charged and must be signed by an attorney for the government. It need not contain a formal introduction or conclusion. A count may incorporate by reference an allegation made in another count. A count may allege that the means by which the defendant committed the offense are unknown or that the defendant committed it by one or more specified means. For each count, the indictment or information must give the official or customary citation of the statute, rule, regulation, or other provision of law that the defendant is alleged to have violated. For purposes of an indictment referred to in section 3282 of title 18, United States Code, for which the identity of the defendant is unknown, it shall be sufficient for the indictment to describe the defendant as an individual whose name is unknown, but who has a particular DNA profile, as that term is defined in section 3282. (2) Citation Error. Unless the defendant was misled and thereby prejudiced, neither an error in a citation nor a citation's omission is a ground to dismiss the indictment or information or to reverse a conviction. (d) Surplusage. Upon the defendant's motion, the court may strike surplusage from the indictment or information. (e) Amending an Information. Unless an additional or different offense is charged or a substantial right of the defendant is prejudiced, the court may permit an information to be amended at any time before the verdict or finding. (f) Bill of Particulars. The court may direct the government to file a bill of particulars. The defendant may move for a bill of particulars before or within 14 days after arraignment or at a later time if the court permits. The government may amend a bill of particulars subject to such conditions as justice requires. Notes (As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 29, 2002, eff. Dec. 1, 2002; Pub. L. 108–21, title VI, §610(b), Apr. 30, 2003, 117 Stat. 692; Mar. 26, 2009, eff. Dec. 1, 2009.) nolu chan  posted on  2018-08-23   12:56:27 ET  Reply   Untrace   Trace   Private Reply   #43. To: nolu chan (#20) (Edited) The Mueller team treating the payments as campaign violations or crimes does not make it so. This is exactly why Trump should not sit down with Mueller under oath. If, for example, Comey told Mueller that Trump ordered him to drop the investigation and Trump says he didn't, someone's not being truthful. Mueller can say that he believes his friend Comey and charge Trump with obstruction AND perjury. Trump would never be convicted of those charges beyond a reasonable doubt, but the damage would be done and the Democrats would be howling for impeachment before it even went to trial. Truth isn't truth. misterwhite  posted on  2018-08-24   16:53:56 ET  Reply   Untrace   Trace   Private Reply   #48. To: misterwhite (#43) Truth isn't truth. In the political world it's about as subjective as you can get. CZ82  posted on  2018-08-25   9:25:24 ET  Reply   Untrace   Trace   Private Reply   Replies to Comment # 48. #50. To: CZ82 (#48) In the political world it's about as subjective as you can get. Subjective and selective. Many times we get the truth but only one side. If Trump raised taxes to help the poor, the headline would be, "Trump Raises Taxes". And the MSM would claim they were truthful. misterwhite  posted on  2018-08-25 10:46:38 ET  Reply   Untrace   Trace   Private Reply   End Trace Mode for Comment # 48. Top • Page Up • Full Thread • Page Down • Bottom/Latest

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