3 lacking men at the Manafort trial

ALEXANDRIA, Va. — because the trial of President Trump’s former campaign chairman resumed Monday, it regarded prosecutors from special suggest Robert Mueller’s office had decided no longer to call three apparently key figures. The absence of these witnesses offers intriguing recommendations approximately capacity ongoing investigations and further prosecutions that could yet take region.



It became clean these witnesses would not appear whilst Greg D. Andres, Mueller’s lead prosecutor at Paul Manafort’s trial for alleged monetary fraud, showed to choose T.S. Ellis III before court let loose closing week that the prosecution has best one or two greater witnesses to offer to the jury. The prosecutors’ very last witnesses could be James Brennan, an officer of the Federal savings financial institution, and probably Paula Liss, a senior unique agent at the Treasury branch’s economic Crimes Enforcement network.

last week, Richard Gates, Manafort’s erstwhile right-hand guy who pleaded responsible and agreed to cooperate with the Mueller team in advance this year, provided both destructive testimony in opposition to Manafort and an possibility for the protection group to take some warmness off their purchaser with a withering cross-examination, which featured dramatic exchanges about Gates’s marital infidelity, his padding of price reviews and his admitted theft of Manafort’s price range.

even as the drama over Gates’s appearance captured a exceptional deal of interest, the absence of other key figures has long past in large part undiscussed. This short listing, that is never comprehensive, consists of numerous folks who are informed about Manafort’s alleged crimes, in step with the testimony of other witnesses, however who aren't being known as by prosecutors to the stand:

1. Jeffrey Yohai – Manafort’s former son-in-law. Given in advance reporting that he become cooperating with federal investigators, Yohai’s absence from the prosecution’s witness list in Alexandria is one of the towering mysteries within the case. Manafort’s daughter Jessica divorced Yohai closing yr, however before the marriage broke up, Yohai changed into Manafort’s actual estate partner.

One part of the alleged financial institution fraud scheme entails Yohai and Manafort seeking loans from the Banc of California to buy or construct houses and apartment complexes to rent out in Southern California. A Banc of California employee called to the stand this week testified that Yohai did now not deliver a lot to the connection. Yohai in my view supplied “very weak financial assist,” Gary Seferian testified, and the residences he and Manafort requested the bank to finance have been much less entire than Yohai had claimed. Prosecutors also had Seferian study from a may also 2016 email he’d written indicating that Yohai had “no revel in” flipping the form of luxurious l.  a. houses he and Manafort deliberate to buy. Unimpressed with Yohai, the financial institution looked to Manafort’s assets and earnings as the primary source of reimbursement for his or her loans, and prosecutors allege that Manafort had misrepresented the ones price range.

A separate a part of the alleged financial institution fraud scheme involved Manafort seeking greater favorable terms on loans from residents financial institution by means of misleading the bank and its appraisers about the usage of his rental in the SoHo neighborhood of manhattan. Jurors heard testimony from citizens financial institution employees and had been proven emails indicating that Manafort recruited his own daughter and Yohai into putting on a charade for the bank’s appraiser. “take into account, he believes that you and Jessica are residing there,” Manafort wrote to Yohai in a single electronic mail. The motive of the ruse changed into to persuade citizens bank that the extended Manafort circle of relatives was the use of the rental as a second home, while in fact Manafort changed into renting out the apartment on Airbnb and comparable websites. (A former army SEAL who now works at Airbnb defined to the jury how frequently the rental become listed at the web page.)

several media outlets pronounced in advance this 12 months that Yohai had struck a plea settlement with the U.S. lawyer’s workplace in la and agreed to cooperate with the authorities, including the unique suggest’s workplace, in alternate for reduced costs relating to a bank fraud conspiracy in his actual property enterprise. That agreement, if it exists, remains underneath seal. The authorities has no longer publicly charged Yohai with a criminal offense.

The maximum herbal venue for Yohai’s cooperation could were this Manafort trial, where the alleged bank fraud is at trouble. (Manafort has a second trial coming up in D.C., however it's going to attention on his alleged unregistered lobbying on behalf of foreign governments.) had been the reports of a deal incorrect? Is the special recommend’s office saving Yohai’s testimony for something else, perhaps regarding Manafort’s foreign activities? Has it lost self belief in Yohai as a witness?

In response to those questions and others, Peter Carr, the spokesman for the unique suggest’s office, declined to remark “past what changed into said in court docket.” A member of the protection team did now not respond to a request for remark.

2. Steve Calk — the founder, chairman and CEO of the Federal savings financial institution in Chicago. On Friday, after hours of mysterious delays that scuttled the morning session and kept jurors and spectators in suspense for tons of the afternoon, the prosecution referred to as Dennis Raico as its first witness. Raico testified under a provide of immunity about how the financial institution Calk runs came to give Paul Manafort $16 million of loans — with one of the loans remaining rapidly after the 2016 presidential election and the alternative shortly earlier than the 2017 presidential inauguration.

Raico testified that the timing was no accident. Calk, he informed the courtroom, was angling for a position within the Trump administration, and he took an uncommon interest in Manafort’s mortgage packages, again and again meeting privately and socially with Manafort and discussing mortgage phrases with him without delay. Raico testified that he had never visible the financial institution’s CEO previously get worried with an character loan software. throughout the summer time of 2016, Manafort had already exercised his have an effect on to position Calk on a Trump campaign advisory committee, and Calk indicated to Raico that he wanted to be part of a destiny Trump management. some days after Trump received the election, and soon earlier than the primary loan closed, Calk referred to as Raico and asked him to name Manafort to inquire whether Calk “turned into up for treasury secretary or HUD?” Raico changed into uncomfortable with the request and didn’t make the call.

e-mail proof to start with delivered in advance showed that Manafort had used his have an impact on at some stage in the transition to push Calk for a post as secretary of the navy. Raico’s testimony become bracing and persuasive, and Monday’s witness will likely make a similar affect. however, those different financial institution officials are usually capable of testify handiest about their constrained firsthand knowledge, they were on no account the dinners and aware of all of the smartphone conversations among the bank CEO and the campaign chairman. Calk’s very own immunized testimony towards Manafort would almost genuinely be plenty extra powerful, yet the prosecutors do no longer plan to name him. Why now not?

Raico’s testimony doubtlessly implicates Calk in addition to Manafort. it's miles a federal offense for someone to provide or provide cash or different things of value to a person in alternate for that 2nd man or woman’s promise to use his or her have an effect on to get the first person appointed to a central authority job. in addition, Raico’s testimony increases questions of whether or not Calk defrauded the financial institution, its traders and its regulators in a few manner. The government has no obvious plans to name Calk as a witness, and so it’s affordable to finish they haven’t provided him any sort of immunity and he can be in grave felony jeopardy. however, as of this writing, he has now not been publicly charged with a criminal offense.

three. David Fallarino — Manafort’s the front office banker at residents financial institution. Jurors heard testimony on Thursday final week from two of Fallarino’s assistants, who had been asked to describe a number of emails Fallarino had sent and received, framing the type of monetary data he needed to receive from Manafort. in advance within the week, jurors had visible proof of the way Manafort took these emails as instructions showing the way to efficaciously falsify his economic files to win approval of the mortgage he favored. On Thursday, jurors additionally heard from an underwriting manager at the bank who processed the Manafort loans Fallarino had advocated.

The testimony of Fallarino’s assistants, his underwriting colleague and the raft of emails prosecutors delivered into proof all make clear that Fallarino turned into the principle factor of touch among Manafort and Gates and residents financial institution, and Fallarino nearly actually has the most data surrounding any misrepresentations. So what explains Fallarino’s absence from the stand? One principle, which I assume best fits the information, is that Fallarino refused to testify with out immunity, and the authorities refused to provide it. that could mirror the prosecutors’ judgment that they could show the factors in their case towards Manafort that relate to citizens financial institution with the testimony of the decrease stage personnel who ultimately regarded with out being granted immunity, and that they preferred no longer to give up the government’s capacity to prosecute Fallarino. even as Fallarino has no longer been publicly charged with a crime, it appears that he too can be in substantial prison jeopardy.

It’s no longer clear whether or not the protection will are trying to find to name Yohai, Calk or Fallarino to testify on Manafort’s behalf, but the proof brought in court docket up to now makes that possibility seem far flung. through now not procuring testimony from these capability witnesses, the special recommend’s workplace seems to have time-honored some introduced difficulties in its prosecution of Manafort so one can defend the department of Justice’s potential to pursue other ongoing inquiries. It’s a honest bet there’s lots extra to come from this story.
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