Teri Kanefield+ Your Authors @Teri_Kanefield Author, lawyer (UC Berkeley) My threads are here: terikanefield-blog.com/ NBC News Opinion contributor Impeachment notes: impeachment-trump.com/ Dec. 08, 2018 2 min read + Your Authors

(Thread) The Cohen SDNY Sentencing Memo

We learn a few things about Cohen. There are a few zingers.

Here are my notes:

Until 2007, Cohen was a lawyer earning about 75K per year (—a very low salary for a NY lawyer in 2007).

1/ Cohen got his break in 2007 when he aggressively “fixed” a problem for Trump involving the board of directors of a condo building.

He was rewarded with a 500K per year job as Executive Vice President and Special Counsel to Trump.

2/ Between 2012 and 2016 he failed to report $4 million income, avoiding 1.4 million in taxes.

Zinger #1: When Cohen made payments to Woman-1 and Woman 2, he “acted in coordination with and at the direction of” Trump.

Previously we had this fact from Cohen under oath.

3/ Now we have the prosecution stating it.

Woman-1 is McDougal. The facts here confirm what we already knew about Karen McDougal and the whole AMI / “Catch and Kill” arrangement. If you want a refresher, it’s here👇
Woman-2, of course, is Stormy Daniels.

4/ To hide the nature of these payments, Cohen sent monthly invoices to the Company (Trump org?).

Zinger #2: He did this “At the instruction of an executive for the Company.”

Anyone know who the executive is?

It's a Zinger because this implicates another person in TrumpWorld.

5/ We also learn why Cohen is not a cooperating witness: He “declined to provide full info about the scope of any additional criminal conduct in which he may have engaged or had knowledge.”
So he doesn't get a motion for leniency under 5K1.1👇

6/ The SDNY says that “Cohen’s offenses strike at several pillars of our society and system of government: Payment of taxes, transparent and fair elections, and truthfulness before government and in business."

7/ Zinger #3, for me, is the “transparent and far elections” part.

The SDNY says (obliquely but they say it) that Cohen and Trump undermined—or tried to undermine— “transparent and fair elections.”

8/ The two possible crimes that come to mind are campaign finance violations and conspiracy to defraud the US.

Thanks, Bearfan
Allen Weisselberg of course. Isn't he cooperating?

9/ Tomorrow I'll read the Mueller sentencing memos on Manafort and Cohen, and I'll tweet out my notes.

10/ One of my notes didn't make it into the thread (it was late!)

The memo talks about how Cohen was surprised not to get a good job in the Trump administration, but he figured out how to cash in. He sold consulting services that wanted something from the Trump admin.

11/ Remember when we were wondering about AT&T paying money to Cohen and exec Bob Quin having private dinner with Trump's FCC chair?
Shortly after, the FCC helped AT&T and Time Warner avoid a lengthy merger review.

12/ Of course, we were all wondering if the elements of bribery had been met.  https://www.washingtontimes.com/news/2018/may/8/t-paid-michael-cohens-essential-consulting-insight/  …
The memo says Cohen offered nothing of value to such consulting clients and (after he raked in millions) the contracts terminated.

Adding: People are asking about Cohen's taxi business. From the memo: People asked about his Taxi business.

From the memo: The largest source of undisclosed income was from his taxi business. Lots of tax fraud there.

The 75K seems to be a dig at his law practice.

You can follow @Teri_Kanefield.


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