Judge dismisses Manafort’s fraud case in NY
Local charges count as double jeopardy violation, he said
NEW YORK — A state judge in Manhattan dismissed Paul Manafort’s residential mortgage fraud case Wednesday, deciding that local charges brought against President Trump’s disgraced former campaign chairman amounted to a double jeopardy violation.
It is a significant victory for Manafort, 70, who was convicted in a pair of federal cases stemming from Special Counsel Robert Mueller’s investigation of 2016 election interference. The Manhattan District Attorney’s Office brought its case in an effort to ensure that Manafort, who is serving a 7½-year prison sentence, would be held accountable and remain in custody should Trump pardon him for the federal convictions.
Manafort was hospitalized in recent days and did not appear in court. Trump has watched the proceedings closely, suggesting he sympathized with Manafort, though he has not said publicly that he would pardon him.
In announcing his decision, Manhattan Supreme Court Justice Maxwell Wiley said that New York state law prohibits the type of case brought by DA Cyrus Vance. With limited exceptions, the premise of double jeopardy prevents multiple prosecutions stemming from the same crimes.
“Basically, the law of double jeopardy in New York State provides a very narrow window for prosecution,” Wiley said during Wednesday’s brief court proceeding. He issued a 26-page ruling detailing his finding.
Danny Frost, a spokesman for Vance’s office, said litigation would continue.
“We will appeal today’s decision and will continue working to ensure that Mr. Manafort is held accountable for the criminal conduct against the People of New York … alleged in the indictment,” Frost said in statement.
The DA’s office alleged that Manafort defrauded two banks to obtain loans for properties in New York City and Long Island.
Prosecutors had made technical arguments to explain why the case should beat a double jeopardy challenge, saying there were “fresh elements” that overlapped with Manafort’s 2018 indictment for bank fraud brought in the Eastern District of Virginia. The jury in that case was undecided on seven counts, which were eventually dismissed as part of Manafort’s plea deal — making them fair game for Manhattan prosecutors to charge the corresponding crimes at the state level, the DA’s office argued.
Manafort’s lawyers had argued that he was already charged and convicted of the same crimes in one of his federal cases — the tax and bank fraud case tried in federal court in Alexandria, Virginia. The other case was tried in federal court in Washington, D.C.