September 9, 2017

THE TIGHTENING NOOSE:

Expect Special Counsel Mueller to Follow the Money (John McKay  Friday, September 8, 2017, lAWfARE)

I oversaw many cases in which a suspect's personal finances were often intimately linked to whatever wrongdoing that person had engaged in. The finances either created a motive (naked greed, for example), contained evidence or fruits of the illegal scheme itself, or provided evidence of how the scheme was concealed. For example, in one conspiracy case prosecuted by my office, we established the complicity of Russian hackers by examining related financial crimes and connecting complex schemes involving the transfer of funds to the conspirators. Similar evidence of financial transactions can establish overt acts proving the conspiracy or can connect the alleged conspirator with the crime, whether or not the crime itself is financial in nature. In fact, ignoring such evidence would severely hamstring most federal criminal investigations.

It is hard to imagine how payments by foreign governments, including Russia, would not be central to Mueller's investigation, given what is already known. To start, Donald Trump, Jr. admitted at a real estate conference in 2008 that "Russians make up a pretty disproportionate cross-section of a lot of our assets; say in Dubai, and certainly with our project in SoHo and anywhere in New York. We see a lot of money pouring in from Russia." As Reuters reported in March, wealthy Russians invested nearly $100 million in revenue to several of Trump's properties in Florida and New York in recent years. And beyond Russian money flowing to Trump properties in the United States, Donald Trump had tried to develop properties in Russia since the 1980s. In 2007 he declared, "We will be in Moscow at some point," and in 2013 his hosting of the Miss Universe pageant in Russia was financed by Aras Agalarov, an oligarch who is close to Russian President Vladimir Putin. Agalarov later worked with Trump on plans to build a Trump Tower in Moscow, though the deal fell apart. Late last month, the Washington Post reported on emails that revealed that Trump's personal lawyer, Michael Cohen, played a role in that deal, working to connect the Trump Organization with a spokesperson for Putin to help finalize it. Agalarov's son also reportedly sought to arrange the now-infamous meeting between Trump Jr. and the Kremlin-connected lawyer Natalia Veselnitskaya.

These financial relationships are relevant to the Russia investigation because they may speak to Trump or his associates' motive or opportunity to collude, or else provide evidence of collusion. Recently these facts were recounted as part of a civil lawsuit filed against the Trump campaign by three voters whose private information was exposed to the world as part of the Russians' hack of the Democratic National Committee. Discovery will likely be allowed in that case. Surely the special counsel must look into these issues as well.

Deputy Attorney General Rod Rosenstein granted Mueller a broad mandate to probe financial records when he authorized an investigation into "any links ... between the Russian government and individuals associated with the campaign of President Donald Trump" (emphasis added). There is ample reason for Mueller to believe based simply on information in the public sphere that there are financial links between Trump and Russians close to the Russian government. The only way he would be able to tell if any of these financial links connect Trump to the Russian government for purposes of influence operations is to investigate them.

Given that investigating Trump's finances is within Mueller's mandate, the president's warning that Mueller not look at Trump family finances beyond any relationship to Russia is highly inappropriate. 

Posted by at September 9, 2017 6:45 PM

  

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