Manafort’s NY fraud case tossed over double jeopardy concern

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FILE – In this June 27, 2019 file photo, former Trump campaign manager Paul Manafort arrives in a New York court. Manafort has been hospitalized during his federal prison sentence. That’s according to two people familiar with the matter who couldn’t discuss the matter publicly and spoke to The Associated Press on condition of anonymity. (AP Photo/Seth Wenig, File)

NEW YORK (AP) — A New York judge threw out state mortgage fraud charges against Paul Manafort, ruling Wednesday that the criminal case was too similar to one that has already landed President Donald Trump’s former campaign chairman in federal prison.

The ruling was a blow to what had widely been seen as an attempt by Manhattan’s district attorney, a Democrat, to hedge against the possibility that Trump would pardon Manafort for federal crimes. District Attorney Cyrus Vance Jr.’s office said it would appeal.

Manafort was convicted last year in two federal cases stemming from his business dealings and is serving a 7½-year prison sentence.

Judge Maxwell Wiley ruled that state law precludes prosecution, citing double jeopardy grounds. Manafort, 70, wasn’t in court for the ruling because of a health problem.

Defense lawyer Todd Blanche raised the double jeopardy issue soon after Manafort was arrested, saying that the charges brought by Vance violated a state law that bars repeat prosecutions for the same general conduct. He wrote in court papers seeking a dismissal that the factual overlap between the federal and state cases “is extensive — if not total.”

“This indictment should never have been brought, and today’s decision is a stark reminder that the law and justice should always prevail over politically-motivated actions,” Blanche said in a written statement.

Wiley announced his ruling to prosecutors and Manafort’s lawyers at a hearing that lasted just a few minutes. Coincidentally, it was scheduled for the same day that the U.S. House of Representatives was poised to impeach Trump over allegations he pressured his Ukrainian counterpart to investigate the son of political rival Joe Biden.

“Basically, the law of double jeopardy in New York state provides a very narrow window for prosecution,” Wiley said.

Manafort didn’t attend because of a heart-related condition that caused him to be moved to a hospital from a federal prison in Pennsylvania for about a week, two people familiar with the matter told The Associated Press on Tuesday. They were not permitted to discuss the matter publicly and spoke to the AP on condition of anonymity. Blanche said Manafort was released from the hospital Wednesday and returned to prison.

Manafort looked frail as he shuffled into a Manhattan courtroom in June for an arraignment on the state charges. He remained seated as he entered a not guilty plea and had to be helped out of his chair. In March, at his sentencing in the second of the two federal cases, he used a wheelchair because of gout.

Manafort was convicted in federal court on charges alleging he misled the U.S. government about lucrative foreign lobbying work, hid millions of dollars from tax authorities and encouraged witnesses to lie on his behalf.

Vance announced the state charges just minutes after the March sentencing, saying in a statement at the time: “No one is beyond the law in New York.”

The 16-count New York indictment alleged Manafort gave false and misleading information in applying for residential mortgage loans, starting in 2015 and continuing until three days before Trump’s inauguration in 2017. He was also charged with falsifying business records and conspiracy.

Manhattan prosecutors had argued that the state case was based on allegations that were never resolved in Manafort’s 2018 federal trial in Virginia. Jurors found Manafort guilty of eight counts of tax and bank fraud but couldn’t reach a verdict on 10 others, resulting in a mistrial on those counts.

They also argued that the case should proceed because mortgage fraud and falsifying business records are state crimes, but not federal crimes.

In paperwork filed in connection with Manafort’s arraignment, though, Manhattan prosecutors made clear that their case involved some of the same issues as those heard in federal court. For instance, they cited admissions Manafort made during his trial in Washington regarding misrepresentations in mortgage applications for properties in Manhattan and Brooklyn and on Long Island.

In May, New York lawmakers passed a bill to ease the state’s double jeopardy protections and ensure that state prosecutors could pursue charges against anyone granted a presidential pardon for similar federal crimes. Democratic Gov. Andrew Cuomo signed the legislation into law in October.

The president can pardon federal crimes, but not state offenses.

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Michael Balsamo contributed to this report.

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Follow Michael Sisak at twitter.com/mikesisak

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