Northwest Arkansas Democrat-Gazette

COHEN’S loans for $20 million under scrutiny.

- WILLIAM K. RASHBAUM, BEN PROTESS AND MAGGIE HABERMAN

NEW YORK — Federal authoritie­s investigat­ing whether President Donald Trump’s former personal lawyer and fixer, Michael Cohen, committed bank and tax fraud have zeroed in on more than $20 million in loans obtained by taxi businesses that he and his family own, according to people familiar with the matter.

Investigat­ors are also examining whether Cohen violated campaign finance or other laws by helping arrange financial deals to secure the silence of women who said they had affairs with Trump. The inquiry has entered the final stage, and prosecutor­s are considerin­g filing charges by the end of the month, two of the people said.

Cohen, 52, worked for the president’s company, the Trump Organizati­on, for more than a decade. He was one of Trump’s most loyal and visible aides and called himself the president’s personal lawyer after Trump took office.

The bank loans under scrutiny, the total of which has not been previously reported, came from two financial institutio­ns in the New York region that have catered to the taxi industry, Sterling National Bank and the Melrose Credit Union, according to business records and people with knowledge of the matter, including a banker who reviewed the transactio­ns.

Federal investigat­ors in New York are seeking to determine whether Cohen misreprese­nted the value of his assets to obtain the loans.

They are also examining how he handled the income from his taxi medallions and whether he failed to report it to the IRS.

The two lenders were cited in the search warrants for raids that federal agents conducted this spring on Cohen’s office, home and a hotel room where he was staying, several of the people familiar with the matter have said.

Sterling received a grand jury subpoena seeking records related to the loans, one of the people said.

There is no indication that either bank suffered a loss as a result of the loans or that Cohen missed payments, which are ordinarily important aspects in a bank fraud case. While bank fraud without a loss is rarely charged on its own, such charges are sometimes brought in conjunctio­n with other crimes.

Cohen has hinted publicly that he is eager to tell prosecutor­s what he knows in exchange for leniency.

A cooperatio­n agreement would likely include a provision that Cohen also provide informatio­n to the special counsel, Robert Mueller, who is investigat­ing possible involvemen­t by the Trump campaign in Russia’s meddling in the 2016 election.

It is unclear whether the prosecutor­s and Cohen’s lawyers have had detailed discussion­s about a potential cooperatio­n deal, but it is unlikely that the government would bring charges without having done so.

But if a plea deal is not reached, either because Cohen and prosecutor­s cannot agree on the terms or because prosecutor­s determine he does not have valuable informatio­n or is not credible, the government would likely seek to bring charges well before the midterm elections.

If the matter is not finalized by the end of August, prosecutor­s probably will wait until after the election, one of the people familiar with the inquiry said in recent weeks. That schedule would conform with the Justice Department’s informal policy of avoiding bringing politicall­y sensitive cases that could influence voters close to an election.

Cohen and his lawyers declined to comment on the investigat­ion when contacted over the weekend and last week.

Federal officials in New York and Washington also would not comment.

In recent decades, Cohen has had a wide range of personal business interests, in addition to his work for the Trump Organizati­on. He was a real estate investor, had a personal injury law practice and was involved with a gambling boat in Florida.

But federal investigat­ors appear to be especially focused on his work as an investor in taxi medallions, the permits that drivers need to legally operate cabs in New York City.

A review of court filings, business and property records and interviews with people with knowledge of the matter has provided the clearest picture to date of the scope of that inquiry.

The search warrants for the Cohen raids sought records and communicat­ions relating to the two financial institutio­ns, Sterling National Bank and the Melrose Credit Union, as well as documents regarding the payments to women who said they had affairs with Trump, among other materials, several people with knowledge of the inquiry have said.

The investigat­ion into possible bank fraud has focused at least in part on a series of loans for more than $20 million that the two institutio­ns made in December 2014, according to a review of business records and interviews with people with knowledge of the matter.

Publicly filed financing statements indicate that Cohen used 32 taxi medallions as collateral for the Sterling loans. The medallions were then valued at more than $1 million each and generated more than $1 million a year in income.

The loans were made to 16 separate companies controlled by Cohen and his family, each company owning two taxi medallions, the person who reviewed the transactio­ns said. Cohen and his wife also personally guaranteed the loans, according to the filings.

The tax fraud aspect of the investigat­ion has been focused in part on whether Cohen properly reported the income from the medallions, which was sometimes in cash, people with knowledge of the matter said.

If prosecutor­s pursue a fraud case against Cohen, then one potential witness is Evgeny Freidman, Cohen’s longtime friend and former business associate, who began cooperatin­g with federal prosecutor­s this spring.

Freidman, known as the Taxi King for his once-vast holdings in that industry, managed taxi medallions owned by Cohen and his family between 2012 and 2018. In 2016, a federal judge found that Freidman, a lawyer who was disbarred earlier this year, had transferre­d more than $60 million into offshore trusts to avoid paying debts. New York City regulators have barred him from continuing to manage medallions.

Freidman was facing up to 25 years in prison in an unrelated state fraud case in Albany, N.Y., involving his taxi business. But he struck a deal with state prosecutor­s under which he avoided prison in return for cooperatin­g with federal authoritie­s investigat­ing Cohen.

Several people with knowledge of the matter have said investigat­ors are focusing, in part, on precisely what was done with the monthly payments from the taxi medallions that Freidman made to Cohen, what representa­tions Cohen made to the banks about those payments, and whether they were reported on Cohen’s taxes.

Freidman’s lawyer, Patrick Egan, said Friday that “it would be against Mr. Freidman’s interest to make a public statement regarding an ongoing criminal investigat­ion. ”Andrew MacMillan, a spokesman for Sterling, declined to comment, and a spokesman for Melrose did not respond to a message seeking comment.

A Long Island accountant who worked for Cohen and Freidman could also provide testimony about the payments, according to several people with knowledge of the matter. The accountant, Jeffrey Getzel, has testified before the grand jury hearing evidence against Cohen.

Getzel’s lawyer, Peter Larkin, declined to comment.

It is unclear whether prosecutor­s might seek to charge Cohen with conduct related to the presidenti­al campaign or his work for Trump.

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