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Upholding Legal Rights: Gujarat High Court's Stance on Income Tax Department's Seizure
In a recent development at the Gujarat High Court, a division bench comprising Justices Bhargav Karia and Niral Mehta has taken a firm stance regarding the seizure of “non-incriminating” data from a lawyer’s office by the Income Tax department. Refusing to accept the department’s undertaking on sealing the data, the bench has decided to delve into the matter on its merits. The petition before…
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#court hearing#data seizure#fundamental rights#Gujarat High Court#Income Tax Department#judicial process#lawyer&039;s office raid#legal case#legal challenges#legal counsel#legal integrity#legal justice#legal principles#Legal Proceedings#legal resolution#legal rights#legal safeguards#legal scrutiny#Natural Justice
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Sitemize "Michael Cohen İfadesi Başkan Trump Bildik 19 Deli Şeyler " konusu eklenmiştir. Michael Cohen, Kongre öncesi bugün Donald Trump ve 2016 başkanlık seçimleri ve kampanyayla ilgili olarak ifade verdi. “Bir ilişki vardı kiminle bir yetişkin film yıldızı ödemek için yaptım bu konuda eşine yalan söylememi istedi.” Detaylar için ziyaret ediniz. https://www.bestkadin.com/michael-cohen-ifadesi-baskan-trump-bildik-19-deli-seyler/ https://www.europatrans.com.tr/
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Trump's Personal Lawyer Michael Cohen Appears For Court Hearing Related To FBI Raid On His Hotel Room And Office
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There could be a round of legal headaches for the Trump Organization after a pair of unnamed employees were listed in the charges pressed against President Donald Trump's former longtime lawyer Michael Cohen by the US Attorney's Office for the Southern District of New York.
President Donald Trump's former longtime lawyer Michael Cohen's plea agreement could open up a new legal front involving the Trump Organization.
Prosecutors laid out how executives at Trump's business helped reimburse Cohen for the "election-related expenses" and labeled the payments as legal fees.
Experts said this could open up a couple of new fronts.
There could be a new round of legal headaches for the Trump Organization after a pair of unnamed employees were listed in the charges pressed against President Donald Trump's former longtime lawyer Michael Cohen by the US Attorney's Office for the Southern District of New York.
Cohen on Tuesday pleaded guilty to five counts of tax evasion, one count of making a false statement to a financial institution, and two counts related to campaign-finance violations. Cohen said under oath that Trump directed him to violate campaign-finance laws just before the 2016 presidential election in order to boost his candidacy.
The latter two charges were in connection to payments to the former Playboy model Karen McDougal and the porn actress Stormy Daniels to silence their allegations of affairs with Trump.
In the information made public by federal prosecutors, they laid out how executives at Trump's business helped reimburse Cohen for the "election-related expenses." According to the court filings, Cohen submitted an invoice in January 2017 requesting $180,000 — which included $130,000 for the payment he facilitated to Daniels and $50,000 for "tech services."
The Trump Organization officials listed in the filings allegedly inflated that total to $420,000, which would be paid to Cohen in installments of $35,000, a monthly retainer fee throughout 2017.
The company accounted for those monthly payments as legal expenses, according to the court filing.
"In truth and in fact, there was no such retainer agreement, and the monthly invoices Cohen submitted were not in connection with any legal services he had provided in 2017," prosecutors wrote.
Though the two executives named in the document were not named, many were quick to point to Allen Weisselberg, the Trump Organization's chief financial officer, as likely to be one of the two.
Last month, Weisselberg found himself dragged into the Cohen saga after his attorney, Lanny Davis, released an audio recording Cohen made of a conversation with Trump in September 2016. In the recording, which Cohen apparently made without Trump's knowledge, the two men discuss buying the rights to McDougal's story.
Cohen mentioned Weisselberg at a couple of key points during the recording, which was seized by the FBI in its April raids of Cohen's home, office, and hotel room as part of the investigation.
Soon after, it was reported that Weisselberg was summoned to testify before a grand jury in the Cohen investigation.
Experts said the section highlighting the actions of the two Trump Organization executives could pose legal problems for the company.
Jenny Johnson Ware, partner at the Chicago tax litigation firm Johnson Moore, said the allegations made by prosecutors, if true, made it a near certainty that at least one of the Trump entities was filing false tax returns. The section of the information also suggested that prosecutors could soon target Trump Organization executives if they continue to press forward in the Cohen investigation.
Mitchell Epner, an attorney at Rottenberg Lipman Rich who was previously an assistant US attorney for the District of New Jersey, told Business Insider in an email that the language used by prosecutors in the filing "raises the possibility in my mind of a potential prosecution for money laundering."
Roland Riopelle, a partner at Sercarz & Riopelle who was formerly a federal prosecutor with the US Attorney's Office for the Southern District of New York, pointed to Weisselberg being summoned to testify testimony to the grand jury and told Business Insider the executive "may already have immunity and may already have told the SDNY what they know."
"If that is so, it explains why the SDNY does not need Cohen to testify as to campaign finance issues," Riopelle added. "That testimony has already been obtained. If the employees do not have immunity, it is possible they, too could be charged with crimes, if the government can show they knew they were violating the law and covering up the illicit payments."
A representative for the Trump Organization did not respond to a request for comment from Business Insider. Alan Futerfas, an attorney for the company, also did not return a request for comment.
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Politics: The Trump Organization could be opened up to further legal exposure after prosecutors highlighted the actions of 2 employees in the Michael Cohen saga
There could be a round of legal headaches for the Trump Organization after a pair of unnamed employees were listed in the charges pressed against President Donald Trump's former longtime lawyer Michael Cohen by the US Attorney's Office for the Southern District of New York.
President Donald Trump's former longtime lawyer Michael Cohen's plea agreement could open up a new legal front involving the Trump Organization.
Prosecutors laid out how executives at Trump's business helped reimburse Cohen for the "election-related expenses" and labeled the payments as legal fees.
Experts said this could open up a couple of new fronts.
There could be a new round of legal headaches for the Trump Organization after a pair of unnamed employees were listed in the charges pressed against President Donald Trump's former longtime lawyer Michael Cohen by the US Attorney's Office for the Southern District of New York.
Cohen on Tuesday pleaded guilty to five counts of tax evasion, one count of making a false statement to a financial institution, and two counts related to campaign-finance violations. Cohen said under oath that Trump directed him to violate campaign-finance laws just before the 2016 presidential election in order to boost his candidacy.
The latter two charges were in connection to payments to the former Playboy model Karen McDougal and the porn actress Stormy Daniels to silence their allegations of affairs with Trump.
In the information made public by federal prosecutors, they laid out how executives at Trump's business helped reimburse Cohen for the "election-related expenses." According to the court filings, Cohen submitted an invoice in January 2017 requesting $180,000 — which included $130,000 for the payment he facilitated to Daniels and $50,000 for "tech services."
The Trump Organization officials listed in the filings allegedly inflated that total to $420,000, which would be paid to Cohen in installments of $35,000, a monthly retainer fee throughout 2017.
The company accounted for those monthly payments as legal expenses, according to the court filing.
"In truth and in fact, there was no such retainer agreement, and the monthly invoices Cohen submitted were not in connection with any legal services he had provided in 2017," prosecutors wrote.
Though the two executives named in the document were not named, many were quick to point to Allen Weisselberg, the Trump Organization's chief financial officer, as likely to be one of the two.
Last month, Weisselberg found himself dragged into the Cohen saga after his attorney, Lanny Davis, released an audio recording Cohen made of a conversation with Trump in September 2016. In the recording, which Cohen apparently made without Trump's knowledge, the two men discuss buying the rights to McDougal's story.
Cohen mentioned Weisselberg at a couple of key points during the recording, which was seized by the FBI in its April raids of Cohen's home, office, and hotel room as part of the investigation.
Soon after, it was reported that Weisselberg was summoned to testify before a grand jury in the Cohen investigation.
Experts said the section highlighting the actions of the two Trump Organization executives could pose legal problems for the company.
Jenny Johnson Ware, partner at the Chicago tax litigation firm Johnson Moore, said the allegations made by prosecutors, if true, made it a near certainty that at least one of the Trump entities was filing false tax returns. The section of the information also suggested that prosecutors could soon target Trump Organization executives if they continue to press forward in the Cohen investigation.
Mitchell Epner, an attorney at Rottenberg Lipman Rich who was previously an assistant US attorney for the District of New Jersey, told Business Insider in an email that the language used by prosecutors in the filing "raises the possibility in my mind of a potential prosecution for money laundering."
Roland Riopelle, a partner at Sercarz & Riopelle who was formerly a federal prosecutor with the US Attorney's Office for the Southern District of New York, pointed to Weisselberg being summoned to testify testimony to the grand jury and told Business Insider the executive "may already have immunity and may already have told the SDNY what they know."
"If that is so, it explains why the SDNY does not need Cohen to testify as to campaign finance issues," Riopelle added. "That testimony has already been obtained. If the employees do not have immunity, it is possible they, too could be charged with crimes, if the government can show they knew they were violating the law and covering up the illicit payments."
A representative for the Trump Organization did not respond to a request for comment from Business Insider. Alan Futerfas, an attorney for the company, also did not return a request for comment.
source http://www.newssplashy.com/2018/08/politics-trump-organization-could-be.html
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President Donald Trump's name wasn't said a single time during the roughly 45-minute court proceeding where his former longtime lawyer Michael Cohen entered eight guilty pleas to federal charges that could land him in prison for the rest of his life.
President Donald Trump's name wasn't said a single time during a roughly 45-minute court proceeding during which his former longtime lawyer entered eight guilty pleas to federal charges.
But Trump took center stage at the hearing.
Here's what went down inside the courtroom.
NEW YORK — President Donald Trump's name wasn't said a single time during a roughly 45-minute court proceeding where his former longtime lawyer entered eight guilty pleas to federal charges that could land him in prison for the rest of his life.
It didn't matter.
As Michael Cohen explained to US District Judge William H. Pauley why he was pleading guilty to all of the charges — including charges that he made illegal campaign and corporate contributions to an unnamed candidate in 2016 — the president's name was impossible to avoid.
Cohen, the man who worked alongside the president for more than a decade, admitted in federal court, as part of a plea deal he struck with the government, that Trump directed him to knowingly break the law to boost his own candidacy.
As Cohen explained that he committed the campaign-finance violations "at the direction of the candidate" and with the "purpose of influencing the election," there were audible gasps in the lower Manhattan courtroom packed with reporters.
Aside from explaining why he was pleading guilty to the eight charges he faced, which also included five counts of tax evasion and one count of making false statements to a bank, Cohen said almost nothing in the hearing. Cohen admitted he had one stiff drink on Monday night ahead of the proceeding — a Glenlivet, 12-year-old single malt scotch on the rocks.
He said such a drink was not customary for him. Then again, little would be customary for him about the 24 hours that followed.
Cohen implicates Trump
Cohen first said that in the summer of 2016, at "a candidate's" direction, he moved to keep an individual from publicly disclosing damaging information that would hurt that candidate's campaign. That person was former Playboy model Karen McDougal, who says she had an affair with Trump years ago.
Her story was purchased by American Media Inc., whose head, David Pecker, is a longtime friend of Trump. The National Enquirer, owned by AMI, purchased the rights to McDougal's story for $150,000 in August 2016 but never published it. That practice is known as "catch and kill."
In court, Cohen said "we accomplished" the goal regarding preventing that information from coming out.
"I participated in this conduct with the principal purpose of influencing" the election, he added.
Cohen said the same candidate later "directed" him to make a second payment to keep another individual from disclosing damaging information about him. That was a reference to porn star Stormy Daniels, whose real name is Stephanie Clifford.
Just days before the 2016 presidential election, Cohen facilitated a $130,000 payment to Daniels to keep her quiet about her allegation of having a 2006 affair with Trump — an allegation Trump has denied. The FBI was looking for documents related to that payment and similar arrangements with other women when it raided Cohen's home, office, and hotel in April at the onset of the probe.
Cohen initially said this payment was not for the purpose of influencing an election but to prevent Trump's family from learning of the embarrassing information. Trump's attorney, Rudy Giuliani, made the same claim.
"I knew what I was doing was wrong and illegal," Cohen said in court Tuesday.
The federal prosecutors Cohen struck a deal with said they had evidence proving Cohen's guilt in the matter, stemming from records obtained from him that included audio tapes, texts, phone records, emails, witnesses with knowledge of the transactions, and records from The National Enquirer.
Pauley then read Cohen each count one by one, asking him to enter a plea of guilty or not guilty.
"Guilty," Cohen repeated eight times. Pauley announced a sentencing hearing for Cohen on December 12. Bail was set at $500,000. As Cohen left the courthouse, he was greeted to chants of "lock him up" from onlookers, a reference to a popular chant Trump's supporters directed at former Democratic nominee Hillary Clinton.
Soon after, Giuliani offered up a response. He called Cohen a liar.
"There is no allegation of any wrongdoing against the president in the government's charges against Mr. Cohen," Giuliani said. "It is clear that, as the prosecutor noted, Mr. Cohen's actions reflect a pattern of lies and dishonesty over a significant period of time."
Lanny Davis, one of Cohen's attorneys, questioned how his client's admission of guilt didn't also implicate the president.
"Today he stood up and testified under oath that Donald Trump directed him to commit a crime by making payments to two women for the principal purpose of influencing an election," Davis said. "If those payments were a crime for Michael Cohen, then why wouldn't they be a crime for Donald Trump?"
Ahead of a rally in West Virginia, Trump was asked about the Cohen news, along with the news that Paul Manafort, his former campaign chairman, was found guilty on eight counts.
He said nothing about Cohen.
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Politics: Inside Michael Cohen's surreal day in court, where Trump took center stage without ever being mentioned
President Donald Trump's name wasn't said a single time during the roughly 45-minute court proceeding where his former longtime lawyer Michael Cohen entered eight guilty pleas to federal charges that could land him in prison for the rest of his life.
President Donald Trump's name wasn't said a single time during a roughly 45-minute court proceeding during which his former longtime lawyer entered eight guilty pleas to federal charges.
But Trump took center stage at the hearing.
Here's what went down inside the courtroom.
NEW YORK — President Donald Trump's name wasn't said a single time during a roughly 45-minute court proceeding where his former longtime lawyer entered eight guilty pleas to federal charges that could land him in prison for the rest of his life.
It didn't matter.
As Michael Cohen explained to US District Judge William H. Pauley why he was pleading guilty to all of the charges — including charges that he made illegal campaign and corporate contributions to an unnamed candidate in 2016 — the president's name was impossible to avoid.
Cohen, the man who worked alongside the president for more than a decade, admitted in federal court, as part of a plea deal he struck with the government, that Trump directed him to knowingly break the law to boost his own candidacy.
As Cohen explained that he committed the campaign-finance violations "at the direction of the candidate" and with the "purpose of influencing the election," there were audible gasps in the lower Manhattan courtroom packed with reporters.
Aside from explaining why he was pleading guilty to the eight charges he faced, which also included five counts of tax evasion and one count of making false statements to a bank, Cohen said almost nothing in the hearing. Cohen admitted he had one stiff drink on Monday night ahead of the proceeding — a Glenlivet, 12-year-old single malt scotch on the rocks.
He said such a drink was not customary for him. Then again, little would be customary for him about the 24 hours that followed.
Cohen implicates Trump
Cohen first said that in the summer of 2016, at "a candidate's" direction, he moved to keep an individual from publicly disclosing damaging information that would hurt that candidate's campaign. That person was former Playboy model Karen McDougal, who says she had an affair with Trump years ago.
Her story was purchased by American Media Inc., whose head, David Pecker, is a longtime friend of Trump. The National Enquirer, owned by AMI, purchased the rights to McDougal's story for $150,000 in August 2016 but never published it. That practice is known as "catch and kill."
In court, Cohen said "we accomplished" the goal regarding preventing that information from coming out.
"I participated in this conduct with the principal purpose of influencing" the election, he added.
Cohen said the same candidate later "directed" him to make a second payment to keep another individual from disclosing damaging information about him. That was a reference to porn star Stormy Daniels, whose real name is Stephanie Clifford.
Just days before the 2016 presidential election, Cohen facilitated a $130,000 payment to Daniels to keep her quiet about her allegation of having a 2006 affair with Trump — an allegation Trump has denied. The FBI was looking for documents related to that payment and similar arrangements with other women when it raided Cohen's home, office, and hotel in April at the onset of the probe.
Cohen initially said this payment was not for the purpose of influencing an election but to prevent Trump's family from learning of the embarrassing information. Trump's attorney, Rudy Giuliani, made the same claim.
"I knew what I was doing was wrong and illegal," Cohen said in court Tuesday.
The federal prosecutors Cohen struck a deal with said they had evidence proving Cohen's guilt in the matter, stemming from records obtained from him that included audio tapes, texts, phone records, emails, witnesses with knowledge of the transactions, and records from The National Enquirer.
Pauley then read Cohen each count one by one, asking him to enter a plea of guilty or not guilty.
"Guilty," Cohen repeated eight times. Pauley announced a sentencing hearing for Cohen on December 12. Bail was set at $500,000. As Cohen left the courthouse, he was greeted to chants of "lock him up" from onlookers, a reference to a popular chant Trump's supporters directed at former Democratic nominee Hillary Clinton.
Soon after, Giuliani offered up a response. He called Cohen a liar.
"There is no allegation of any wrongdoing against the president in the government's charges against Mr. Cohen," Giuliani said. "It is clear that, as the prosecutor noted, Mr. Cohen's actions reflect a pattern of lies and dishonesty over a significant period of time."
Lanny Davis, one of Cohen's attorneys, questioned how his client's admission of guilt didn't also implicate the president.
"Today he stood up and testified under oath that Donald Trump directed him to commit a crime by making payments to two women for the principal purpose of influencing an election," Davis said. "If those payments were a crime for Michael Cohen, then why wouldn't they be a crime for Donald Trump?"
Ahead of a rally in West Virginia, Trump was asked about the Cohen news, along with the news that Paul Manafort, his former campaign chairman, was found guilty on eight counts.
He said nothing about Cohen.
source http://www.newssplashy.com/2018/08/politics-inside-michael-cohens-surreal.html
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Politics: Michael Cohen pleads guilty and says he broke campaign finance law at Trump's direction
Michael Cohen, President Donald Trump's longtime lawyer, has reached a plea deal with prosecutors. He entered guilty pleas to five counts of tax evasion, one count of bank fraud, one count of making an unlawful corporate contribution, and one count of making an illegal campaign finance contribution.
Michael Cohen, President Donald Trump's longtime lawyer, has reached a plea deal with prosecutors.
He entered guilty pleas to five counts of tax evasion, one count of bank fraud, one count of making an unlawful corporate contribution, and one count of making an illegal campaign finance contribution.
Cohen is the focus of a criminal investigation in the Southern District of New York into whether he violated campaign-finance laws, committed bank fraud or wire fraud, engaged in illegal lobbying, or participated in other crimes.
President Donald Trump's former longtime lawyer and fixer, Michael Cohen, struck a deal on Tuesday with prosecutors to plead guilty to eight federal crimes.
He entered guilty pleas to five counts of tax evasion, one count of bank fraud, one count of making an unlawful corporate contribution, and one count of making an illegal campaign finance contribution on October 27, 2016 — the day a $130,000 payment to adult-film star Stormy Daniels was finalized.
During his plea entry, Cohen said he had made the illegal campaign and corporate contributions "at the direction of the candidate" and with the "purpose of influencing the election."
He did not identify said candidate by name, but it is widely understood to be President Donald Trump.
After entering his guilty plea, Cohen was released on a $500,000 bond. He is set to be sentenced December 12.
Cohen is the focus of a criminal investigation in the Southern District of New York into whether he violated campaign-finance laws, committed bank fraud or wire fraud, engaged in illegal lobbying, or participated in other crimes.
Rudy Giuliani, Trump's personal attorney, did not immediately respond to a request for comment.
"These are very serious charges that reflect a pattern of lies and dishonesty," said Deputy US Attorney Robert Khuzami in a press conference after Cohen's hearing. "They are significant in their own right. They are particularly significant when done by a lawyer."
How we got here
The FBI raided Cohen's home, hotel room, and office in April, seizing more than 4 million documents from Trump's longtime lawyer.
Those documents then underwent an extensive, months-long review for claims of attorney-client privilege, a process that recently concluded. Only a fraction of the documents were protected by privilege, while the rest were handed over to the government for use in a potential prosecution of Cohen.
At the center of the investigation is the $130,000 payment that Cohen facilitated to the porn star known as Stormy Daniels just before the 2016 presidential election to keep her quiet about her allegation of having a 2006 affair with Trump — an allegation Trump has denied. The FBI was looking for documents related to that payment and similar arrangements with other women.
Investigators have also taken interest in some of Cohen's business dealings, particularly as they related to his once sprawling taxi business, The New York Times reported Sunday.
The Times reported that the Cohen investigation reached "the final stage," with prosecutors weighing whether to file charges before the end of August.
How this could affect Trump
Mitchell Epner, an attorney at Rottenberg Lipman Rich who had previously served as a federal prosecutor in the US Attorney's Office for the District of New Jersey, told Business Insider in a Tuesday email that if Cohen reached a plea deal, "the most important question is whether it is a 'cooperating' plea deal."
Epner later added that even if cooperation is not a part of this plea deal, it doesn't rule out the possibility of him acting as a cooperating witness in the future.
"If Michael Cohen is not cooperating now, he likely will continue to try to get a cooperating plea agreement by providing substantial assistance to any prosecutor who will take it, SDNY or Special Counsel," Epner told Business Insider in a subsequent email after news broke of the plea deal later on Tuesday.
Roland Riopelle, a partner at Sercarz & Riopelle who was formerly a federal prosecutor with the US Attorney's Office for the Southern District of New York, told Business Insider in an email Monday that the brief five-month delay between the FBI's raids and potential charges signaled to him that "this may be a cooperation plea agreement."
"If the matter was contested, the delay could be longer before charges were returned," he said, adding that the recent "silence from Cohen and his lawyers is also something that weighs in favor of a cooperation deal."
Senate intel committee says Cohen cooperated with their investigation
The Senate Intelligence Committee's Chairman Sen. Richard Burr and Vice Chairman Sen. Mark Warner put out a rare public statement on Tuesday after the announcement of the deal, disclosing that Cohen had cooperated with the committee's investigation.
"We recently reengaged with Mr. Cohen and his team following press reports that suggested he had advance knowledge of the June 2016 meeting between campaign officials and Russian lawyers at Trump Tower," they said.
They continued that Cohen testified before the committee that he didn't know about the meeting before The New York Times reported it last summer. Cohen's legal team told the committee his client stood by that testimony.
"We hope that today's developments and Mr. Cohen's plea agreement will not preclude his appearance before our Committee as needed for our ongoing investigation," they wrote.
Michael Avenatti, Daniels' attorney, tweeted Tuesday afternoon that the day's developments "will permit us to have the stay lifted in the civil case & should also permit us to proceed with an expedited deposition of Trump under oath about what he knew, when he knew it, and what he did about it."
"We will disclose it all to the public," he tweeted.
source http://www.newssplashy.com/2018/08/politics-michael-cohen-pleads-guilty.html
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Politics: Michael Cohen is reportedly being investigated for over $20 million in bank fraud
President Donald Trump's former lawyer Michael Cohen is under investigation for more than $20 million in bank fraud, The New York Times reported. The investigation into Cohen is in its final stage, and charges could come before the end of August, the report said.
President Donald Trump's former personal lawyer Michael Cohen is under investigation for more than $20 million in bank fraud, The New York Times reported.
Investigators are also said to be weighing charges related to campaign finance violations.
The investigation into Cohen is in its final stage, and charges could come before the end of August, the report said.
Michael Cohen, the former personal attorney for President Donald Trump, is being investigated for more than $20 million in bank fraud, according to a New York Times report Sunday evening.
Federal authorities are focused on loans totaling more than $20 million that were awarded to taxi companies run by Cohen and his family, The Times reported.
The loans in question came from two New York financial institutions, Sterling National Bank and the Melrose Credit Union, the Times said. Investigators are reportedly looking into whether Cohen falsified the value of his assets in order to secure the hefty loans, and whether he reported all his earnings from his taxi medallions to the Internal Revenue Service.
Investigators are also said to be weighing charges related to campaign finance violations for Cohen, who in the run-up to the 2016 election helped pay off women who claimed to have had affairs with Trump.
The inquiry has reached its final stage and Cohen could face charges before the end of August, the report said.
Sunday's report could spell bad news for Trump, whose campaign is being investigated for possible collusion with the Russian government ahead of the 2016 election. A cooperation agreement for Cohen would likely entail that he provide information to Robert Mueller, who is heading the Russia investigation.
The investigation into Cohen, once viewed as one of Trump's most loyal and trusted aides, was dramatically revealed after federal authorities raided Cohen's office, home, and hotel room in April. Trump called the raid a "disgraceful situation" and an "attack on our country in a true sense."
source http://www.newssplashy.com/2018/08/politics-michael-cohen-is-reportedly.html
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The special master overseeing the document review in the federal criminal investigation Trump's former lawyer Michael Cohen ruled nearly half of 4,000 documents seized from him and labeled as privileged by either him, Trump, or the Trump Organization, are not.
Special master Barbara Jones ruled on Thursday that nearly half of 4,000 documents labeled as privileged by President Donald Trump, his former longtime lawyer Michael Cohen, and the Trump Organization are not privileged.
Cohen, who finds himself at the center of a criminal investigation in the Southern District of New York, is not challenging her decision in court.
The special master overseeing the document review in the federal criminal investigation of President Donald Trump's former lawyer Michael Cohen just ruled that nearly half of 4,000 documents seized by the government and labeled as privileged by Cohen, Trump, or the Trump Organization, are not.
And although Cohen objected to the special master's ruling on a minuscule number of those documents, he isn't challenging the decision in court.
Because he is not doing so, more than 1,400 documents will now be turned over to prosecutors and are able to be used in a potential prosecution of Cohen.
In a Thursday court filing to US District Judge Kimba Wood, special master Barbara Jones ruled that of 4,085 items recently designated as privileged by Cohen, Trump, or the Trump Organization, just 2,633 are either privileged or partially privileged. The remaining 1,452 were not, she ruled.
Cohen objected to her ruling on 22 of those items, but opted against challenging the ruling to Wood.
Cohen is the focus of a criminal investigation in the Southern District of New York into whether he violated campaign-finance laws, committed bank fraud and/or wire fraud, engaged in illegal lobbying, or participated in other crimes. The FBI raided Cohen's home, hotel room, and office in April, seizing more than 4 million documents from Trump's longtime lawyer.
At the center of Cohen's troubles is a $130,000 hush-money payment he facilitated weeks before the 2016 presidential election to the adult-film actress Stormy Daniels, whose real name is Stephanie Clifford, to keep her from talking about her allegation of a 2006 affair with Trump. The FBI sought documents related to that payment and other similar agreements with women.
Trump, Cohen, and the White House denied that an affair took place. Originally, Cohen said Trump did not reimburse him for the payment. Last month, Trump admitted to paying back his lawyer for the cost.
Right now, the documents obtained by the FBI are the focus of the investigation.
In April, Cohen and his lawyers successfully argued for the appointment of a special master, allowing them, Trump's attorneys, and the Trump Organization to identify documents protected by attorney-client privilege that could not be used in a potential prosecution. Jones, a retired federal judge, was appointed as the special master to oversee the review and determine which documents labeled by those three parties as privileged are, in fact, privileged.
So far, Cohen has claimed privilege over a tiny fraction of the total number of items obtained by the government, with Jones ruling that an even smaller amount actually are privileged.
Last month, Jones reported that she had reviewed the first 300,000 documents and determined that just 162 were privileged. She disagreed with Cohen, Trump, and the Trump Organization on three, and they did not object to her ruling. Jones later amended her ruling to place one of those 162 documents under her further consideration.
Later in the month, Cohen's attorneys laid out in a filing that they claimed privilege over more than 12,000 of the documents. Jones' review of the privilege designations is ongoing.
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The special master overseeing the document review in the federal criminal investigation Trump's former lawyer Michael Cohen ruled nearly half of 4,000 documents seized from him and labeled as privileged by either him, Trump, or the Trump Organization, are not.
Special master Barbara Jones ruled on Thursday that nearly half of 4,000 documents labeled as privileged by President Donald Trump, his former longtime lawyer Michael Cohen, and the Trump Organization are not privileged.
Cohen, who finds himself at the center of a criminal investigation in the Southern District of New York, is not challenging her decision in court.
The special master overseeing the document review in the federal criminal investigation of President Donald Trump's former lawyer Michael Cohen just ruled that nearly half of 4,000 documents seized by the government and labeled as privileged by Cohen, Trump, or the Trump Organization, are not.
And although Cohen objected to the special master's ruling on a minuscule number of those documents, he isn't challenging the decision in court.
Because he is not doing so, more than 1,400 documents will now be turned over to prosecutors and are able to be used in a potential prosecution of Cohen.
In a Thursday court filing to US District Judge Kimba Wood, special master Barbara Jones ruled that of 4,085 items recently designated as privileged by Cohen, Trump, or the Trump Organization, just 2,633 are either privileged or partially privileged. The remaining 1,452 were not, she ruled.
Cohen objected to her ruling on 22 of those items, but opted against challenging the ruling to Wood.
Cohen is the focus of a criminal investigation in the Southern District of New York into whether he violated campaign-finance laws, committed bank fraud and/or wire fraud, engaged in illegal lobbying, or participated in other crimes. The FBI raided Cohen's home, hotel room, and office in April, seizing more than 4 million documents from Trump's longtime lawyer.
At the center of Cohen's troubles is a $130,000 hush-money payment he facilitated weeks before the 2016 presidential election to the adult-film actress Stormy Daniels, whose real name is Stephanie Clifford, to keep her from talking about her allegation of a 2006 affair with Trump. The FBI sought documents related to that payment and other similar agreements with women.
Trump, Cohen, and the White House denied that an affair took place. Originally, Cohen said Trump did not reimburse him for the payment. Last month, Trump admitted to paying back his lawyer for the cost.
Right now, the documents obtained by the FBI are the focus of the investigation.
In April, Cohen and his lawyers successfully argued for the appointment of a special master, allowing them, Trump's attorneys, and the Trump Organization to identify documents protected by attorney-client privilege that could not be used in a potential prosecution. Jones, a retired federal judge, was appointed as the special master to oversee the review and determine which documents labeled by those three parties as privileged are, in fact, privileged.
So far, Cohen has claimed privilege over a tiny fraction of the total number of items obtained by the government, with Jones ruling that an even smaller amount actually are privileged.
Last month, Jones reported that she had reviewed the first 300,000 documents and determined that just 162 were privileged. She disagreed with Cohen, Trump, and the Trump Organization on three, and they did not object to her ruling. Jones later amended her ruling to place one of those 162 documents under her further consideration.
Later in the month, Cohen's attorneys laid out in a filing that they claimed privilege over more than 12,000 of the documents. Jones' review of the privilege designations is ongoing.
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Trump's Personal Lawyer Michael Cohen Appears For Court Hearing Related To FBI Raid On His Hotel Room And Office
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Adult film star Stormy Daniels' could be dragged into a lawsuit against her attorney, Michael Avenatti, because a lawyer is suing Avenatti's firm for millions of dollars—including money raised for Daniels' legal fees.
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Politics: Michael Avenatti addressed his claim that Michael Cohen is leaking audio recordings seized by the FBI — and now he's saying it's 'just like' Nixon
Michael Avenatti, the attorney for porn star Stormy Daniels, is zeroing in on what he's calling the "Trump Tapes" after appearing in court Wednesday in the Southern District of New York.
Michael Avenatti, the lawyer for porn star Stormy Daniels, is zeroing in on what he's calling the "Trump Tapes" after appearing in longtime Trump lawyer Michael Cohen's court case on Wednesday.
Avenatti's day in court did not go as planned, as Judge Kimba Wood did not grant his motion to appear in the case moving forward.
Avenatti has alleged that Cohen or an associate selectively leaked to the media audio obtained by the FBI in raids on his home, office, and hotel room.
Michael Avenatti, the attorney for porn star Stormy Daniels, is zeroing in on what he's calling the "Trump Tapes" after appearing in court Wednesday in the Southern District of New York.
Last week, Avenatti alleged that Michael Cohen, a longtime lawyer for President Donald Trump, or his lawyers were selectively leaking audio tapes seized in FBI raids to media outlets. Avenatti also seemed to suggest that there were audio recordings of conversations between Trump and Cohen in the documents obtained by the FBI during the raids on Cohen's home, office, and hotel room, but that Cohen had not leaked those.
It was not clear to what exactly Avenatti was referring. The attorney did not point to any specific media reports, and none appeared to be based off such leaks in the days that followed.
But during the latest hearing in Cohen's criminal case, Avenatti expanded on his claim. He told US District Judge Kimba Wood that he was recently contacted by a reporter who said he had a recording that he believed was made by Cohen.
"From what I understood there were audio recordings" between Cohen and Daniels's former lawyer, Keith Davidson, "regarding attorney-client privilege," Avenatti said. Daniels, whose real name is Stephanie Clifford, is suing Trump and Cohen in California to void a nondisclosure deal facilitated by Cohen that she signed to stay silent about an alleged 2006 affair with Trump.
Davidson, who has been under fire from Avenatti in recent weeks, was Daniels's attorney at the time she struck the agreement with Cohen. The agreement was struck just weeks before the 2016 presidential election, and Trump recently admitted, through his latest financial disclosure, that he reimbursed Cohen for the expenditure — something Cohen initially said he did not do.
In court on Wednesday, Cohen's attorney, Stephen Ryan, did not deny that such tapes existed, but said he was "unaware" of any that were released to the media. Ryan said such recordings were guarded by his law firm "under lock and key."
"If we had released the audiotape to a reporter, it would have been the biggest story in America," Ryan said.
Avenatti argued that the existence of such tapes, which he said contain privileged communications involving his client, is reason for Daniels to intervene in the case. Cohen is under criminal investigation for possible campaign-finance violations and bank fraud, but he has not been charged with a crime.
Once court adjourned, Avenatti began calling for Cohen and his attorneys to release all of their recordings to Congress and the public.
His public call came moments after Wood called on him to end his "publicity tour" if he wanted to be admitted into Cohen's case. Soon after, Avenatti withdrew that petition to appear pro hac vice, although Daniels's motion to intervene still stands. That motion is on hold.
"Just like the Nixon tapes years ago we now have what I will refer to as the Trump Tapes," Avenatti told reporters outside the lower Manhattan courthouse.
Asked by Business Insider if he was disappointed at all by the day's proceedings, which featured Wood chiding him over his media strategy and putting his motion to appear on hold, Avenatti said he was not and pointed to Ryan's comments about the recordings.
"I think that today will become a seminal moment in our nation's modern history because we have an admission that the attorney for the president of the United States was recording conversations with the president for years on end, and those recordings were seized by the FBI and they presently exist," he said. "I think when those recordings are disclosed, they're going to pose a host of problems for Michael Cohen and for the president."
The documents obtained by the government in the Cohen raids are currently undergoing a review for what falls under attorney-client privilege and what can be used by prosecutors in a case against Cohen.
Avenatti said the tapes "would've likely been destroyed if it wasn't for the raid by the FBI."
"Many, many audio recordings that for whatever reason Michael Cohen created and then cut," he said. "And ultimately they will be his downfall and they could be the downfall of this presidency."
source http://www.newssplashy.com/2018/05/politics-michael-avenatti-addressed-his_31.html
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FBI agents have raided New York residences and offices of Michael Cohen (L), Donald Trump's long-time lawyer, adding to the president's legal woes
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The 92 pages of President Donald Trump's financial disclosures for 2017 include a line item between $100,001 and $250,000 for lawyer Michael Cohen, consistent with the $130,000 payment Cohen made to a porn star claiming to have had a tryst with the president 12 years ago.
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Politics: Michael Cohen says he'll plead the Fifth Amendment in Stormy Daniels case
Cohen's $130,000 payment to Daniels was reportedly being looked into by federal investigators.
President Donald Trump's personal lawyer Michael Cohen said he will assert his Fifth Amendment right against self-incrimination in connection with a lawsuit filed by adult-film star Stormy Daniels.
The development comes as Cohen faces a criminal investigation related to his business dealings.
Cohen's $130,000 payment to Daniels is among the investigative threads that federal investigators are exploring in his case.
President Donald Trump's personal lawyer Michael Cohen said he will assert his Fifth Amendment right against self-incrimination in connection with a lawsuit filed by adult-film star Stormy Daniels.
In a filing in a California federal court on Wednesday, Cohen said he decided to invoke his constitutional right after the FBI raided his properties two weeks ago. The FBI reportedly launched an investigation into Cohen for possible bank fraud, wire fraud, and violations of election law.
"The [FBI] executed three search warrants on my residence, office and hotel room, respectively, without any prior notice," Cohen said in the latest court filing.
He continues: "Based upon the advice of counsel, I will assert my 5th amendment rights in connection with all proceedings in this case due to the ongoing criminal investigation by the FBI and US attorney for the Southern District of New York," Cohen's filing continued.
Cohen's $130,000 payment to Daniels, whose real name is Stephanie Clifford, was also being looked into by federal investigators. The payment was made in 2016, prior to the US presidential election, as part of a nondisclosure agreement surrounding an alleged affair between Clifford and Trump.
Cohen's communications with Trump and other clients were also reportedly seized by the FBI, which reportedly collected 10 physical boxes of evidence. Authorities were also to copy electronic files, such as hard drives, on the spot.
Trump, Cohen's premier client, has previously taunted people who plead the Fifth Amendment.
"The mob takes the Fifth," Trump said in 2016, referencing several people who pleaded the Fifth Amendment during an investigation into Hillary Clinton's use of private email servers during her time as secretary of state.
Trump asked at the time: "If you're innocent, why are you taking the Fifth Amendment?"
source https://www.newssplashy.com/2018/04/politics-michael-cohen-says-hell-plead.html
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Politics: A federal judge denied Trump's and Cohen's request to block the DOJ from reviewing documents seized by the FBI
Judge Kimba Wood appeared to hint at a compromise between the Justice Department and Michael Cohen, President Trump's lawyer.
A federal judge on Monday denied President Trump's and his lawyer Michael Cohen's requests to block the Justice Department from reviewing documents they seized during an FBI raid on Cohen's property last week.
Judge Kimba Wood held off on determining whether an FBI "taint team" will suffice to review seized documents, or whether an independent lawyer, known as a special master, should be appointed.
Monday's hearing had no dearth of colorful exchanges.
They included: the shock reveal of an anonymous Cohen client, a prosecutor's quip about Cohen having more attorneys than clients, and the judge's implication that Cohen's attorneys have "miscited the law at times."
NEW YORK — On Monday, a federal judge blocked President Donald Trump's and his longtime personal lawyer Michael Cohen's request to prohibit federal prosecutors from reviewing documents they seized during an FBI raid of Cohen's property last week.
Cohen's lawyers requested both a temporary restraining order and a preliminary injunction against the US government. Both motions sought to prevent prosecutors from reviewing documents and records that had been seized in the raids of Cohen’s home, office, and hotel room.
Cohen's lawyers want to go over the documents and tapes and shield from prosecutors any they deem privileged. Cohen also proposed, as an alternative, that an independent lawyer, or special master, review the files first.
In addition to documents and records, investigators also obtained a search warrant to seize Cohen's electronic devices and communications between Cohen and Trump. The raid was conducted as part of a federal criminal investigation into Cohen. He is being investigated for bank fraud, wire fraud, and violations of election law.
Lawyers separately representing Cohen's and Trump's interests first asked the US district court in Manhattan to block the Justice Department from reviewing the seized communications last week.
Judge Kimba Wood postponed making a decision until Monday's hearing.
On Monday, Wood denied the temporary restraining order because lawyers representing the Manhattan US attorney’s office said they have not looked substantively at the documents that were obtained. Instead, they said, those documents are currently being reviewed by a “taint team” — a group of separate investigators walled off from prosecutors, who are primarily responsible for separating out materials that fall under attorney-client privilege.
Wood said she trusted that the Southern District of New York's "integrity is unimpeachable," adding that she thought the use of a "taint team" is a viable option.
But she said she would hold off on making a decision about the preliminary injunction until the court reconvenes at a later date. However, she appeared to lean in the direction of appointing a special master.
Meanwhile, Joanna Hendon, an attorney representing Trump's interests in the case, pushed back against the appointment of a special master. Hendon argued that a special master does not have the right to view privileged materials pertaining to Trump.
Wood dismissed Hendon's argument, saying it fell outside the scope of what was being debated in the case.
After deciding on a course of action, Wood said that to get the process going, prosecutors must turn over materials that were seized from last week's raid to Cohen's attorneys so they can convey to the court how much of it may be subject to attorney client privilege.
She said that after Cohen's team responds with an estimate of how much of the seized material it believes may be subject to attorney client privilege, she would make a decision on whether a "taint team" is sufficient to separate privileged materials out, or whether a special master should be tasked with doing so.
She warned that Cohen's team will need to "move very fast" to determine which materials it believes should be withheld, adding that it was "a test" for them.
"As soon as you've seen the documents, I want to hear your proposal for how to move" forward, Wood said.
Wood also asked both sides to each provide four nominees for special master.
A colorful hearing
There was no dearth of noteworthy exchanges during Monday's hearing.
Cohen's attorneys said in a filing that Cohen had represented three clients in the past year, including Trump and Elliott Broidy, a Republican fundraiser, and an initially unnamed third client.
In a quip near the start of the proceedings, assistant US attorney Tom McKay raised eyebrows when he remarked that Cohen "has more attorneys of his own than clients."
But perhaps the most stunning aspect of the hearing was the revelation that Fox News host Sean Hannity was Cohen's third client.
The news elicited an audible gasp and scattered laughter from the courtroom, and those observing the hearing from overflow rooms erupted into laughter. More than a few journalists ran outside to report on the revelation, because the court did not allow electronic devices, like phones and laptops, inside the rooms.
Cohen's lawyers initially pushed back against publicly revealing the name of their third client, noting that he was a publicly prominent figure and that revealing his name might embarrass him and bring undue scrutiny.
When Wood questioned Cohen's attorneys as to the legal ground for withholding the individual's name, they said he had asked Cohen to do so over the weekend, and that Cohen had a responsibility toward his client.
Initially, Wood entertained the option of allowing Cohen's attorneys to reveal the name of his third client under seal. In other words, the court would have known his identity, but the public would not have.
But when Robert Balin, a lawyer representing several news organizations, argued that revealing the name was in the public interest, Wood appeared to agree.
"I understand he doesn't want his name out there, but that's not enough under the law," she told Cohen's attorneys.
Meanwhile, McKay got into several tense back-and-forths with Cohen's lawyers over their request to review and withhold documents they deemed to be privileged materials from the Justice Department.
The hearing hinged on a dispute between the three sides — Trump's, Cohen's, and the Justice Department's — over what constituted privileged materials and who should have the right to review them.
McKay said Cohen's lawyers were attempting to make an "over-broad" claim of privilege, and that while the vast majority of Cohen's documents that were seized may likely relate to Trump, attorney-client privilege is much narrower in scope.
The main point, McKay said, was that the opposing counsel would use a broad claim of privilege to "ask for an inch and take a mile."
Todd Harrison, one of Cohen's lawyers, responded that it was unfair for prosecutors to imply that "we're going to be bad on this."
"It's not that you're bad people," Wood said. "It's that you've miscited the law at times."
source https://www.newssplashy.com/2018/04/politics-federal-judge-denied-trumps_17.html
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