The Mercury News

Lawyer who lied to Mueller sentenced

Van der Zwaan must serve 30 days in jail, pay a $20,000 fine

- By David Voreacos and Erik Larson

A Dutch lawyer who lied about his contacts with a top Trump campaign official and a reputed Russian spy was ordered Tuesday to serve 30 days in prison, becoming the first person sentenced in Special Counsel Robert Mueller’s sprawling investigat­ion.

Alex van der Zwaan, 33, a former associate at U.S.-based Skadden, Arps, Slate, Meagher & Flom and the son-in-law of Russian oligarch German Khan, was also ordered to pay a $20,000 fine.

Van der Zwaan faced up to six months in prison after pleading guilty on Feb. 20 to lying in an interview with prosecutor­s and FBI agents. He admitted to misleading them about his discussion­s with Rick Gates, Trump’s former deputy campaign chairman, and about his work with a man who prosecutor­s say was a Russian military intelligen­ce officer.

“He was essentiall­y caught red-handed,” U.S.

District Judge Amy Berman Jackson said in federal court in Washington. She said that van der Zwaan’s lies were especially troubling because Mueller’s investigat­ion involves questions of national security and “potential foreign interferen­ce in the democratic process that is fundamenta­l to our freedoms.”

The judge said she would recommend to U.S. authoritie­s that van der Zwaan be confined at the federal prison in Allenwood, Pa., followed by two months of supervised release.

Van der Zwaan, who asked Jackson to spare him time behind bars, was the fifth person to plead guilty in Mueller’s investigat­ion

of whether Russia colluded with anyone in the successful campaign of President Donald Trump. Van der Zwaan, who is not cooperatin­g, claims he lied to protect his job and not anyone else.

“What I did was wrong,” van der Zwaan said. “I apologize to the court for my conduct. I apologize to my wife and family.”

Although Mueller’s office didn’t recommend a particular sentence, prosecutor Andrew Weissmann urged the judge to send a message to “reflect the gravity of the offense.” Van der Zwaan, he said, had a “history of conduct that’s either criminal or shows a real lack of morality.”

“We count on people to tell us the truth,” Weissmann said. “People need to know that there are consequenc­es to withholdin­g documents and consequenc­es to lying to the government.”

Mueller informed Trump’s attorneys last month that he is continuing to investigat­e the president but does not consider him a criminal target at this point, according to three people familiar with the discussion­s.

In private negotiatio­ns in early March about a possible presidenti­al interview, Mueller described Trump as a subject of his investigat­ion into Russia’s interferen­ce in the 2016 election. Prosecutor­s view someone as a subject when that person has engaged in conduct that is under investigat­ion but there is not sufficient evidence to bring charges.

Lawyers for van der Zwaan, who lives in London, suggested he’d been punished enough by having to live in limbo in the U.S. in recent months. “He’s going to go home without a profession or a career,” said defense attorney William Schwartz. But the judge rejected Schwartz’s request that he only pay a fine and return to London.

 ?? MARTINEZ MONSIVAIS — THE ASSOCIATED PRESS ?? Alex van der Zwaan, second from left, leaves court after being sentenced to 30 days in prison Tuesday.
MARTINEZ MONSIVAIS — THE ASSOCIATED PRESS Alex van der Zwaan, second from left, leaves court after being sentenced to 30 days in prison Tuesday.

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