Dayton Daily News

Manafort’s defense accuses Gates of 4 affairs

- Kenneth P. Vogel and Noah Weiland ©2018 The New York Times

Lawyers ALEXANDRIA, VA. — for Paul Manafort accused his longtime deputy Rick Gates of having four extramarit­al affairs and lying about them, a last attempt by the defense to undermine the credibilit­y of the government’s star witness at the fraud trial of Manafort on Wednesday.

Kevin Downing, the lead lawyer for Manafort, offered no evidence of either the affairs or Gates’ misreprese­ntation of them, and the judge, T.S. Ellis III, cut off the questionin­g before Gates could directly respond to the allegation­s.

The exchange marked a dramatic conclusion to Gates’ testimony against his former boss, which spanned three days in federal court here in the trial of Manafort on bank and tax fraud charges brought by the special counsel.

Gates provided hours of damning testimony against Manafort related to their decade of work together on behalf of Russia-aligned Ukrainian politician­s and oligarchs. Gates accused Manafort of deliberate­ly hiding income from the Ukraine work in foreign bank accounts to evade federal taxes, as well as personally directing the falsificat­ion of financial statements to obtain bank loans.

The defense had worked to cast Gates, not Manafort, as the driving force behind the financial crimes and questioned his agreement with the special counsel to plead guilty to lying to investigat­ors in exchange for his cooperatio­n.

The key elements of that effort were highlighti­ng Gates’ admitted embezzleme­nt of funds from Manafort’s companies as well his personal integrity, including an affair to which Gates admitted during his testimony Tuesday.

On Wednesday morning, Greg D. Andres, the lead prosecutor for the special counsel’s office, led the testimony back to the affair in an effort to demonstrat­e that it did not bother Manafort.

Gates testified that he and Manafort had discussed the relationsh­ip — which he said occurred more than a decade ago and lasted five months — and that Manafort not only did not fire him but also remained supportive of him. Additional­ly, Gates said that his wife also was aware of the affair, during which he lived with his paramour in an apartment in London.

Gates testified that he discussed the affair with the special counsel’s office during preparator­y sessions for the trial, prompting Downing to ask whether Gates told investigat­ors that he actually engaged in four extramarit­al affairs.

When Andres objected, challengin­g the relevance of the question, Downing asserted that Gates may have lied about the number of affairs, which could invalidate his plea agreement, prompting Ellis to call the lawyers to the bench to discuss the matter.

It was not immediatel­y clear whether Downing was accusing Gates of lying to the special counsel’s team before the trial, or lying on the witness stand during the trial. Downing failed to explicitly ask Gates how many affairs he had, which may have limited the effectiven­ess of the effort to impeach Gates on that point.

It was the second time in the final hour of Gates’ cross-examinatio­n that Downing and prosecutor­s deliberate­d with Ellis over their lines of questionin­g. During both intermissi­ons, Manafort, just feet away, glared continuous­ly at Gates in the witness box, his fists perched underneath his chin. Gates kept his gaze fixed on the floor in front of him.

Manafort and Gates had been quite close, with Manafort, 69, serving as both a boss and mentor for Gates, 46. When Manafort was brought on to help run the Trump campaign, he brought on Gates. When Manafort was forced out amid allegation­s about his work in Ukraine, Gates continued working with the campaign, and then served as the executive director of Trump’s inaugural committee.

Gates pleaded guilty in February to lying to federal authoritie­s and conspiracy to commit fraud but has yet to be sentenced. Under guidelines that the judge is not required to follow, his plea would result in a prison sentence between four years, nine months and six years. But as part of his testimony, Gates said prosecutor­s have agreed not to object if his defense attorney argues that he should receive probation. The most serious of the 18 felony charges against Manafort carry a maximum of 30 years in prison.

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