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Paul Manafort's fraud case dismissed, blocking effort to undercut potential Trump pardon
By Shayna Jacobs
New York: A state court judge in Manhattan has dismissed Paul Manafort's residential mortgage fraud case, deciding the local charges against President Trump's former campaign chairman amounted to a double-jeopardy violation.
Manafort, 70, who was previously convicted in a pair of federal cases related to special counsel Robert Muller's investigation of election interference in 2016, was hospitalised in recent days and excused from appearing in court.
Paul Manafort, centre, pictured arriving at court in June.Credit: AP
Manhattan Supreme Court Justice Maxwell Wiley said on Wednesday, local time, that state law prohibits the type of case brought by the Manhattan District Attorney's office in an effort to ensure Manafort would be held accountable and remain in custody should Trump move to issue a pardon for the federal convictions.
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 at the brief court proceeding. He also issued a 26-page ruling that details his finding.
Manafort's lawyers argued that the Republican political consultant embroiled in the 2016 election scandal was already charged and convicted of the same crimes in one of his federal cases - a tax and bank fraud case tried in federal court in Alexandria, Virginia.
He also pleaded guilty to conspiracy and obstruction charges in September 2018.
Manafort is serving a 7½-year sentence in federal prison. Todd Blanche, a lawyer for Manafort, argued in court papers that the local case was unconstitutional, but prosecutors believed they had legal standing.
The district attorney's office said that Manafort defrauded two banks - Citizen Bank and Federal Savings - to obtain loans for properties in New York City and Long Island.
Danny Frost, a spokesman for Manhattan District Attorney Cyrus Vance, 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 that is alleged in the indictment," Frost said in statement issued after the ruling.
The Washington Post