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Robert Mueller May Indict Paul Manafort Again

The following article by Betsy Woodruff was posted on the Daily Beast website December 26, 2017:

The charges against the former Trump campaign boss appear to have been only an opening salvo in a legal barrage on the president’s confidants, informed observers say.

Photo Illustration by Elizabeth Brockway/The Daily Beast

From its inception, two things about special counsel Robert Mueller’s investigation were clear: first, the White House’s biggest concern was that Mueller would follow the money; and second, Mueller is following the money.

It’s been seven months since Deputy Attorney General Rod Rosenstein ordered Bob Muellerto take over the FBI’s counterintelligence probe into possible links between the Kremlin and people associated with the Trump campaign. Trump’s lawyers have long said they expected the probe to stay focused and end quickly. Instead, Mueller has assembled a team of prosecutors with expertise in handling financial investigations and white-collar crime, and obtained guilty pleas for crimes that weren’t committed during the election year.

And, most importantly, he’s sent a thinly veiled warning to the White House: No one’s finances are off limits. If 2017 had the president’s inner circle sweating, 2018 could feel like a sauna.

And no one may feel more heat than Paul Manafort. In Washington legal circles, there’s a broad expectation that Mueller will file what’s called a superseding indictment of Manafort and Rick Gates, his erstwhile business partner—and alleged partner in crime. Gates and Manafort both pleaded not guilty when Mueller’s team filed their indictment on Oct. 30. Legal experts say there may be more charges to come.

“I would expect a superseding indictment to come down relatively soon,” said Jonathan Turley, a professor at George Washington University’s law school.

“There was much in the narrative of the indictment that referenced crimes not charged,” he added. “Prosecutors will often issue a superseding indictment as the grand jury continues its work. There’s also a tactical reason for this, that superseding indictments tend to grind defendants a bit more over time.”

A superseding indictment would essentially replace the current indictment of Manafort. And in that current indictment, Mueller’s team hinted there was more to come. In particular, they hinted at potential tax charges for Manafort’s foreign financial transactions. Federal prosecutors can bring charges against any American who has money in a foreign bank account and doesn’t check a box on their tax forms disclosing it. The Manafort/Gates indictment describes financial behavior that may be liable for that kind of prosecution. And that’s an indicator that Mueller’s team may be preparing to formally charge both men with violating tax laws.

A former prosecutor from the Justice Department’s tax division said Mueller handed down what’s known as a “speaking indictment”—in other words, an indictment that contains more information than necessary.

“It’s a way of dirtying up a defendant without having to actually prove the conduct,” he said. “I think, in fairness to them, they probably rushed it because they didn’t want to wait for the tax division approval on those tax counts. That, I assume, would be working its way through the system.”

“No one’s finances are off limits. If 2017 had the president’s inner circle sweating, 2018 could feel like a sauna.”

Anytime federal prosecutors want to charge someone with breaking tax law, they must get approval from the Justice Department’s Tax Division. That approval process can be time-consuming, and the would-be defendant’s attorneys often can petition Tax Division lawyers against authorizing the charges. Following the money, it turns out, can be circuitous.

“Superseding indictments are frequently brought in financial investigations due to defendant recalcitrance to cooperate and also because they take so long to be put together,” said Martin Sheil, a retired supervisory special agent for the IRS’ criminal investigations unit.

Mueller has been working with IRS criminal investigators, as The Daily Beast first reported in August. Those agents specialize solely in financial crimes with a tax nexus; their cooperation was an early indicator that money mattered to Mueller.

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