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Attorneys specializing in state election law believe the statute has never been prosecuted. Jeenah Moon-Pool/Getty ImagesTwo highly respected law professors specializing in New York election law said the same. "I think it's very smart of prosecutors to use this state law, whether it's been used before or not," said Jeffrey M. Wice, who teaches state election law at New York Law School. Related storiesThese same three "underlying crimes" — using state election law, federal election law, and state tax law — were again given equal prominence here in a February 15 decision by Merchan. "You're having an underlying crime within an underlying crime to get to that felony," Connor told BI.
Persons: Alvin Bragg's, Trump, , Donald Trump's, Donald Trump, Law Trump, Stormy Daniels, Joshua Steinglass, Juan Merchan, Steinglass, I've, Sen, Martin Connor, Joseph T, Burns, that's, it's, Jeffrey M, Wice, — Merchan, Alvin K, Trump's, Attorney Alvin Bragg, Michael Cohen, Daniels, Cohen, Connor, Prosecutors, Jerry H, he's, Goldfeder, Cozen O'Connor Organizations: Service, Manhattan, New York, Court, New, Republican, Democratic NY, Erie, Erie County Republican, New York Law School, Attorney, National Enquirer, Trump, Fordham Law, Democracy Locations: Manhattan, New York, Brooklyn, Erie County, Buffalo , New York
NEW YORK (AP) — Donald Trump is seeking to delay his March 25 hush money trial until the Supreme Court rules on the presidential immunity claims he raised in another of his criminal cases. Trump contends he is immune for prosecution for conduct alleged to involve official acts during his tenure in office. His lawyers argue some of the evidence and alleged acts in the hush money case overlap with his time in the White House and constitute official acts. The Supreme Court is scheduled to hear arguments April 25, a month after the scheduled start of jury selection in Trump’s hush money case. A federal judge last year rejected Trump’s claim that allegations in the hush-money indictment involved official duties, nixing his bid to move the case from state court to federal court.
Persons: — Donald Trump, Juan Manuel Merchan, Merchan, Trump, Michael Cohen, Cohen, Stormy Daniels, Daniels, nixing, could’ve, , Alvin Hellerstein, , Hellerstein’s, Eric Tucker Organizations: Republican, Monday, Manhattan, D.C, White, U.S, Capitol, Trump, Prosecutors, Associated Press Locations: York, Washington, Manhattan, U.S
NEW YORK (AP) — Donald Trump has given up on his monthslong fight to move his New York hush-money criminal case to federal court, agreeing to proceed in a state court that he contends is “very unfair” to him. Hellerstein ruled that the hush-money case involved a personal matter, not presidential duties. The hush-money case has proceeded in state court while the fight over moving it to federal court played out. In state court, the jury pool is limited to heavily Democratic Manhattan, where Trump is wildly unpopular. In federal court it’s more politically diverse, drawing also from suburban counties north of New York City where Trump has more political support.
Persons: — Donald Trump, Trump's, Alvin K, Hellerstein, Trump, Gedalia Stern, Todd Blanche, reimbursements, Michael Cohen, Stormy Daniels, Cohen, Karen McDougal, ” Trump, Democrat Joe Biden, it’s, “ Trump, , Juan Manuel Merchan, Washington, Merchan, Michael Organizations: U.S, Circuit, Appeals, Trump, National Enquirer, Democrat Locations: York, Manhattan, The Manhattan, Florida, Washington and Georgia, Democratic Manhattan, New York City, Washington, Michael Sisak, x.com
New York CNN —Former President Donald Trump is abandoning his effort to move the so-called hush money trial from New York state court to federal court. In a brief filing submitted to a New York-based appeals court, Trump said he was no longer appealing a lower-court ruling that rejected his bid to get the case transferred to federal court. Trump has pleaded not guilty to 34 counts of falsifying business records to conceal the reimbursement of hush money payments made to adult film star Stormy Daniels. In July, US District Judge Alvin Hellerstein denied Trump’s request to move the New York case to federal court, ruling that the payments to Daniels and alleged subsequent falsification of business records were not related to Trump’s presidential duties. Hush money paid to an adult film star is not related to a President’s official acts,” the judge wrote.
Persons: Donald Trump, Trump, Stormy Daniels, Jack Smith, Alvin Hellerstein, Daniels, , , Michael Cohen, ” Trump, Steven Sadow Organizations: New, New York CNN, Trump Locations: New York, Washington ,, York, Fulton, Superior, Fulton County , Georgia
The judge sided in part with the defense, ordering the government to force JP Morgan to release more evidence. AdvertisementAdvertisementA federal judge on Thursday ruled that prosecutors must compel JP Morgan to find more evidence that could help Charlie Javice, the founder of the financial aid startup Frank, in her defense in her criminal fraud trial. On Thursday, inside U.S. Federal Court in Manhattan, lawyers for Javice and a co-defendant argued for more documents from JP Morgan Chase. AdvertisementAdvertisementMeanwhile, a Delaware judge ruled that JP Morgan Chase is violating a commitment that it made upon acquiring Frank to pay a significant portion of Javice's legal bills. Her lawyers say that JP Morgan Chase owes them $835,000 of the around $3.8 million they have so far charged.
Persons: Charlie Javice, Frank founder's, JP Morgan, , JP Morgan Chase, Frank, Javice, Alex Spiro, Spiro, Dina McLeod, Alvin K, Hellerstein, Morgan Chase, Judge Hellerstein, Olivier Amar, Sean Buckley Organizations: Service, U.S, Federal, Javice Locations: Manhattan, Delaware
By Luc CohenNEW YORK (Reuters) - A U.S. pilot pleaded guilty on Tuesday to violating American sanctions by transporting former Venezuelan oil minister Tareck El Aissami, whom Washington accuses of drug trafficking. Victor Mones, who founded the Florida private jet firm, pleaded guilty in 2019 to violating sanctions. The United States sanctioned El Aissami in 2017, accusing him of helping arrange drug shipments out of Venezuela, including to the United States and Mexico, through his control of a Venezuelan airbase and shipping ports. The United States accuses Maduro of corruption, human rights violations and rigging elections, which he denies. El Aissami has denied wrongdoing.
Persons: Luc Cohen NEW, Tareck El Aissami, Washington, Michols Orsini, Alvin Hellerstein, Orsini, Victor Mones, El Aissami, Mones, Nicolas Maduro, Luc Cohen, David Gregorio Organizations: Luc Cohen NEW YORK, U.S, U.S . Department of Homeland Security, El, El Aissami, United Locations: U.S, Manhattan, Venezuela, Dominican Republic, Florida, El, United States, Mexico, Venezuelan, Washington, New York
State law would still apply if the case is moved to federal court. The federal officer removal law protects people from state prosecution for carrying out official federal duties. It says that if a person were carrying out duties placed on them by federal law, they cannot be prosecuted for committing a state crime. Legal experts said Jones could allow the case to proceed in federal court and address immunity at a later hearing. If he determines immunity did not apply to the accused actions, the jury trial would take place in federal court, with the broader jury pool.
Persons: Mark Meadows, Al Drago, Donald Trump, Trump's, Meadows, firebrand Marjorie Taylor Greene, Joe Biden, , Jeffrey Clark, Trump, Eric Segall, Fani Willis, Willis, Georgia's, Alvin Hellerstein, Steve Jones, Josh Blackman, Jones, Tom Hals, Noeleen Walder, Amy Stevens, Stephen Coates Organizations: White, REUTERS, Fulton County Superior Court, Trump, Department of Justice, Republican, Northern District of, Georgia State College of Law, Miami . Fulton, Prosecutors, U.S, U.S . Constitution, Circuit, Appeals, District, South Texas College of Law, Thomson Locations: Washington , U.S, Fulton County, Meadows, Shafer, Northern District, Northern District of Georgia, New York, Washington, Miami ., Miami . Fulton County, Georgia, United States, U.S ., Manhattan's, Atlanta, Wilmington , Delaware
No defendants have entered a plea in the Georgia case. The federal officer removal law protects people from state prosecution for carrying out official federal duties. Legal experts said the accused acts in the Georgia case are more plausibly related to official duties than the hush money payments in the New York case. Legal experts said Jones could allow the case to proceed in federal court and address immunity at a later hearing. If he determines immunity did not apply to the accused actions, the jury trial would take place in federal court, with the broader jury pool.
Persons: Donald Trump, Ray Smith, Rudy Giuliani, Jenna Ellis, Sidney Powell, Cathy Latham, Trump's, Mark Meadows, Meadows, firebrand Marjorie Taylor Greene, Joe Biden, Jeffrey Clark, David Shafer, Trump, Eric Segall, Fani Willis, Willis, Georgia's, Alvin Hellerstein, Steve Jones, Josh Blackman, Jones, Tom Hals, Noeleen Walder, Amy Stevens, Stephen Coates Organizations: Trump, Georgia Republican, Fulton County Superior Court, of Justice, Republican, Northern District of, Georgia State College of Law, Miami . Fulton, Prosecutors, U.S, U.S . Constitution, Circuit, Appeals, District, South Texas College of Law, Thomson Locations: Georgia, Fulton County, Meadows, Shafer, Northern District, Northern District of Georgia, New York, Washington, Miami ., Miami . Fulton County, United States, U.S ., Manhattan's, Atlanta, Wilmington , Delaware
Donald Trump on Friday appealed a judge's recent denial of his request that his pending New York state criminal case be transferred to federal court. Trump had recorded the payments to Cohen as being for legal services. Trump asked federal Judge Alvin Hellerstein to transfer his case from state court to U.S. District Court in Manhattan, arguing that because the records were created when he was president, the case properly belonged in federal court. Trump, who is the front-runner for the 2024 Republican presidential nomination, is now asking the U.S. Court of Appeals for the 2nd Circuit to overturn Hellerstein's ruling. A state court judge has scheduled a trial in the case to begin late March 2024.
Persons: Donald Trump, Trump, Michael Cohen, Cohen, Stormy Daniels, Alvin Hellerstein, Hellerstein, Hellerstein's, Daniels Organizations: Trump, U.S ., Appeals, Manhattan, Attorney's Locations: New York, Manhattan, U.S
NEW YORK, July 27 (Reuters) - Bill Hwang, the founder of Archegos Capital Management, on Thursday asked a judge to let him subpoena documents from 10 banks, in an effort to shift blame as he defends against criminal fraud charges that the firm's collapse was his fault. The office of U.S. Attorney Damian Williams, which is prosecuting Hwang, did not immediately respond to a request for comment. Other banks also lost money when Archegos collapsed, but less than Credit Suisse. That caused it to miss margin calls, and banks to dump stocks that had backed the swaps and which they had bought as hedges. The case is U.S. v. Hwang et al, U.S. District Court, Southern District of New York, No.
Persons: Bill Hwang, Hwang, Damian Williams, Archegos, Goldman Sachs, Jefferies, Mitsubishi UFJ, Morgan Stanley, Nomura, Alvin Hellerstein, Hwang et, Jonathan Stempel, Daniel Wallis Organizations: YORK, Archegos Capital Management, UBS, Credit Suisse, Prosecutors, Bank of Montreal, Deutsche Bank, Mitsubishi, Court, Southern District of, Thomson Locations: Manhattan, Macquarie, Mizuho, U.S, Southern District, Southern District of New York, New York
July 19 (Reuters) - A U.S. judge on Wednesday denied Donald Trump's bid to move from New York state court to federal court the criminal case against the former U.S. president stemming from a hush money payment to a porn star. Trump, the front-runner for the Republican presidential nomination in 2024, had argued the case belonged in federal court, claiming that the indictment related to his 2016 presidency and involved federal election law. U.S. District Judge Alvin Hellerstein in Manhattan bought none of his arguments. "The evidence overwhelmingly suggests that the matter was purely a personal item of the President -- a cover-up of an embarrassing event," Hellerstein wrote in a 25-page decision. In the hush-money case, Justice Juan Merchan of New York State Supreme Court in Manhattan has set a trial for March 2024.
Persons: Donald Trump's, Trump, reimbursements, Michael Cohen, Stormy Daniels, Alvin Hellerstein, Hellerstein, E, Jean Carroll, Juan Merchan, District Judge Hellerstein, Daniels, Stephanie Clifford, Karen Freifeld, Chris Reese, Leslie Adler, Jonathan Oatis Organizations: Republican, U.S, Trump, New York, Court, District, Thomson Locations: U.S, New York, Manhattan, New, York
Former President Donald Trump on Wednesday lost a bid to transfer to federal court his New York state court case related to a hush money payment to porn star Stormy Daniels. Federal Judge Alvin Hellerstein's decision denying that effort keeps Trump on track to go to trial March 25, 2024, in Manhattan Supreme Court in the case. "They're throwing everything they can at President Trump to prevent his re-election, because deep down, they know he's going to win. This case belongs in a federal court and we will continue to pursue all legal avenues to move it there." Trump, who is seeking the 2024 Republican nomination, is the first president, former or otherwise, to be charged in a criminal case.
Persons: Donald Trump, Stormy Daniels, Alvin Hellerstein's, Trump, Hellerstein, Michael Cohen, Trump's, Cohen, Daniels, Melania Trump, Barron Trump, Attorney Alvin Bragg, Joseph Tacopina, Alvin Bragg, Crooked Joe Biden Organizations: Wednesday, Federal, Trump, Trump Organization, Manhattan, Attorney, Republican Locations: Las Vegas, New York, Manhattan, Florida
Judge Hellerstein wrote that the evidence overwhelmingly suggested that the matter involved something personal to the president: “a cover-up of an embarrassing event.”“Hush money paid to an adult film star is not related to a president’s official acts,” he concluded in the order. “It does not reflect in any way the color of the president’s official duties.”A lawyer for Mr. Trump did not immediately respond to a request for comment. Mr. Trump’s effort to move the case was considered a long shot. Still, the order represents a significant victory for Mr. Bragg, who secured an indictment of the former president in March and whose case against him is scheduled for trial in March 2024. Judge Hellerstein seemed impressed by the strength of the evidence of the case, writing that Mr. Bragg’s prosecutors had strongly supported “their allegations that the money paid to Cohen was reimbursement for a hush money payment.”Mr. Trump, who is once again the front-runner for the Republican presidential nomination, was also indicted last month in federal court in Miami for mishandling classified documents and obstructing the government’s investigation into his conduct.
Persons: Hellerstein, , Trump, Mr, Bragg, Judge Hellerstein, Cohen Organizations: Republican Locations: Miami
Javice is accused of grossly exaggerating the numbers of customers she had before her sale to JP Morgan. After hat after the initial deception to JP Morgan Chase, Javice and Amar pivoted to another, Fergenson said. Javice and Amar presented it all in a spreadsheet to JP Morgan Chase, representing all of the names to be Frank users, Fergenson said. Javice's attorney, Alex Spiro, who has alleged that JP Morgan Chase is retaliating against his client for her exposure of their violating of privacy laws, objected. "The government is just regurgitating to the court JP Morgan Chase's civil lawsuit," he said.
Persons: Frank, Charlie Javice, Javice, JP Morgan, Olivier Amar, JP Morgan Chase, Mr, Amar, Micah F, Fergenson, Morgan Chase, Alvin K, Hellerstein, nodded, , Alex Spiro, Morgan, Judge Hellerstein Organizations: University of Pennsylvania's Wharton School of Business, Forbes, Fast Company, of, Securities and Exchange Commission Locations: Manhattan, Pennsylvania, Southern, of New York
The payment to a porn star, Stormy Daniels, was made on Mr. Trump's behalf by his former fixer, Michael D. Cohen, to buy her silence about a tryst she said she had with Mr. Trump. Once Mr. Trump was elected, he reimbursed Mr. Cohen. Mr. Bragg’s prosecutors have accused Mr. Trump of falsifying business records to disguise the purpose of the reimbursements. Mr. Trump’s lawyers would have had to convince Judge Hellerstein, who sits in Manhattan, that the accusations were related in some way to Mr. Trump’s official duties as president. At one point, in a phrase that echoed Mr. Colangelo, the judge said of Mr. Cohen that “he was hired as a private matter to take care of private matters.”
Persons: Stormy Daniels, Michael D, Cohen, Trump, Judge Hellerstein, Todd Blanche, Trump’s, Cohen —, , Matthew Colangelo, ” Judge Hellerstein, Colangelo, Mr, , Locations: Manhattan
June 27 (Reuters) - Donald Trump's lawyers will ask a U.S. federal judge on Tuesday to transfer from state court a criminal case accusing the former president of falsifying business records tied to a hush money payment to a porn star. Trump asserts that federal court is the proper venue for the case, arguing that his actions were related to the presidency, that the charges involve federal election law, and that he is immune from state prosecution. The Manhattan District Attorney's office, which brought the case, says the conduct had nothing to do with Trump's duties as president. Federal election law does not preempt state regulation of fraud, the prosecution says, and Trump is not immune from state prosecution because his actions involved no official duty. Should the case remain in state court, it is scheduled for trial in March.
Persons: Donald Trump's, Trump, reimbursements, Michael Cohen, Stormy Daniels, Daniels, Stephanie Clifford, Alvin Hellerstein, Cohen, reimbursing Cohen, Karen Freifeld, Howard Goller Organizations: Trump, Manhattan District, Thomson Locations: Manhattan, U.S
Javice is accused of inflating the number Frank's users before she sold it to JPMorgan Chase. The charges represented a significant fall for one of the much-lauded young fintech founders. But within a year of selling Frank to JPMorgan Chase, the bank cried foul, claiming that the number of users had been wildly inflated. The complaint alleges that Javice bought names and email addresses from third parties and then represented them as Frank customers. Fergenson explained that Javice had made JPMorgan Chase, "believe that Frank had been an extremely successful start up."
Persons: Charlie Javice, Frank, Javice, JPMorgan Chase, Jarvis, Micah F, Fergenson, octogenarian, Alvin K, Morgan Chase, Judge Hellerstein, Alex Spiro Organizations: JPMorgan, Manhattan, Frank's, Forbes, U.S, Southern, of, Securities and Exchange Commission Locations: of New York
Elon Musk has been accused of insider trading in a class action lawsuit. Musk has repeatedly shared his enthusiasm for the token, including once on "Saturday Night Live." Musk, who is once again the world's richest man, is a longtime dogecoin fan. Alex Spiro, a lawyer for both Musk and Tesla, did not immediately respond to a request for comment from Insider, made outside normal working hours. Read more: Elon Musk's latest financial advice: Don't pour your life savings into dogecoin
Persons: Elon Musk, Tesla, Musk, , Elon, shiba, , Musk's, Alvin Hellerstein, Alex Spiro, Read Organizations: Investors, Service, Privacy, Reuters, Twitter Locations: Manhattan, London
NEW YORK, June 1 (Reuters) - Elon Musk is being accused of insider trading in a proposed class action by investors accusing the Tesla Inc (TSLA.O) CEO of manipulating the cryptocurrency Dogecoin, costing them billions of dollars. A "deliberate course of carnival barking, market manipulation and insider trading" enabled Musk to defraud investors, promote himself and his companies, the filing said. The investors' lawyer did not immediately respond to a separate request. They included their latest accusations in a proposed third amended complaint, in a lawsuit that began last June. The case is Johnson et al v. Musk et al, U.S. District Court, Southern District of New York, No.
Persons: Elon Musk, Musk, influencers, Dogecoin's Shiba, Alex Spiro, Tesla, Alvin Hellerstein, Johnson, Jonathan Stempel, Marguerita Choy Organizations: YORK, Tesla Inc, Investors, Twitter, Forbes, Court, Southern District of, Thomson Locations: Manhattan, Dogecoin, U.S, Southern District, Southern District of New York, New York
NEW YORK, March 23 (Reuters) - A U.S. judge on Thursday denied Archegos Capital Management LP founder Bill Hwang's effort to dismiss an indictment accusing him of fraud in the collapse of his once-$36 billion firm. U.S. District Judge Alvin Hellerstein in Manhattan rejected arguments that the 11-count indictment should be tossed because prosecutors deceived Hwang into cooperating with their probe and because Hwang's trading activity had been lawful. Authorities said Hwang concealed the size and riskiness of his bets by spreading his borrowing among several banks. When the prices of some stocks fell, Hwang was unable to meet margin calls, leading banks to dump stocks backing his swaps, and causing losses for Archegos and others. The case is U.S. v. Hwang et al, U.S. District Court, Southern District of New York, No.
[1/2] Norman Seabrook, (C) the head of New York City's prison guard union, exits the Manhattan District court house in New York, U.S., July 22, 2016. Seabrook, 63, the former head of the Correction Officers' Benevolent Association, has spent 21 months in prison after unsuccessfully appealing his August 2018 conviction. "The sentence Huberfeld originally received reflected an approximate equivalence between the conduct of the bribe giver, Huberfeld, and the bribe taker, Seabrook," Hellerstein wrote. The correction officers union has about 20,000 active and retired members. The case is U.S. v Seabrook, U.S. District Court, Southern District of New York, No.
NEW YORK, Dec 3 (Reuters) - Bill Hwang is seeking the dismissal of his U.S. fraud indictment over the collapse of his once-$36 billion Archegos Capital Management LP, saying prosecutors committed misconduct by sandbagging him when building their case. In a separate filing, Hwang and co-defendant Patrick Halligan, Archegos' former chief financial officer, said their indictment should be dismissed because Archegos' trading activity was "entirely lawful," using methods that are "clearly permitted by the existing regulatory structure." These discussions, the last occurring two days before Hwang's April 27 arrest, "revealed what has now become (as prosecutors doubtless knew it would) his defense strategy," Hwang's lawyers said. Hwang also wants U.S. District Judge Alvin Hellerstein, who oversees the case, to hold a hearing to determine the extent of any taint. The case is U.S. v. Hwang et al, U.S. District Court, Southern District of New York, No.
A judge dismissed Michael Cohen's lawsuit against Donald Trump and the DOJ for locking him up. Cohen, once a fixer and personal lawyer for Trump, as well as an executive at the Trump Organization, has turned into a fiery Trump critic. "President Donald J. Trump will continue to fight for the truth and against innumerable falsehoods being perpetrated by his enemies." Cohen followed up the book in question, "Disloyal," in October with the book "Revenge: How Donald Trump Weaponized the US Department of Justice Against His Critics." Michael Cohen, former personal attorney for U.S. President Donald Trump, exits the Loews Regency hotel and walks toward a taxi cab, July 27, 2018 in New York City.
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