By Aruna Viswanatha, Sadie Gurman and Julie Bykowicz
ALEXANDRIA, Va. -- A federal jury found Paul Manafort guilty on
eight counts of tax and bank fraud, but deadlocked on the 10 others
counts -- and the judge declared a mistrial on those charges.
The former Trump campaign chairman was found guilty on all five
counts he faced for tax fraud. He was also found guilty of failing
to file a report on a foreign bank account, and two bank-fraud
counts.
But the jury couldn't reach a verdict on three other counts of
failing to report a foreign bank account and seven other counts of
bank fraud.
"Mr. Manafort is disappointed at not getting acquittals all the
way through, or a complete hung jury on all counts," said Kevin
Downing, an attorney for Mr. Manafort. Mr. Downing also told
reporters outside the courtroom, "However he would like to thank
Judge (T.S.) Ellis for granting him a fair trial and the jury for
its hard-fought deliberation." Mr. Downing said Mr. Manafort is
evaluating all his options.
There was no immediate comment from the prosecution.
In comments from the bench, Judge Ellis said: "I think the
government and Mr. Manafort received very zealous and effective
representation from their counsel."
A pre-sentencing report by the probation office will be prepared
to guide the judge in determining the penalty for Mr. Manafort.
There was no immediate comment from his lawyers or the
prosecution.
Earlier Tuesday, Judge Ellis instructed the jurors to continue
their deliberations after they sent a note asking how to proceed if
they couldn't agree on an individual count.
The six men and six women of the jury ended up deliberating for
four days after two weeks of testimony.
Special Counsel Robert Mueller's prosecutors had called more
than two-dozen witnesses and presented hundreds of emails, memos
and financial documents over a two-week trial. They had argued Mr.
Manafort had not paid taxes on at least $16 million of that income
in the early 2010s -- and later mislead multiple U.S. banks to
obtain millions of dollars in loans in 2016 after that income dried
up.
Mr. Manafort's lawyers, meanwhile, argued that prosecutors were
"selectively pulling" information to create a misleading picture,
and relied too much on the testimony of Mr. Manafort's former
deputy, Richard Gates. Mr. Gates admitted to a litany of misconduct
over three days of testimony, including that he had embezzled
hundreds of thousands of dollars from Mr. Manafort.
Defense attorneys also showed that Mr. Manafort had paid $8.3
million in taxes between 2005 and 2015 and had been open about his
financial dealings.
While Mr. Mueller's investigation is focused on Russian
interference in the 2016 election and potential links to the Trump
campaign, Mr. Trump and the campaign came up only a few times
during the trial. The trial instead had focused on Mr. Manafort's
prior consulting work, how he paid for personal high-end expenses
from foreign accounts, and the documents he provided banks as he
applied for loans.
Jurors had asked for clarification about the legal obligations
for reporting such accounts after their first day of
deliberations
"This is the case about Paul Manafort and his money," prosecutor
Greg Andres said when he summed up the case to the jury.
During the trial, colleagues described Mr. Manafort as a
brilliant strategist who earned some $60 million running victorious
political campaigns in Ukraine between 2010 and 2014
"I was deeply impressed by him and the people around him," Tad
Devine, who worked with Mr. Manafort on the Ukraine campaigns, said
as the first witness of the trial. Mr. Devine was top strategist
for Bernie Sanders's 2016 presidential campaign.
Prosecutors then introduced a parade of high-end clothing,
landscaping, and real-estate providers who said Mr. Manafort was
one of their top clients. They said he bought, among other things,
a custom-made $15,000 jacket "made from an ostrich" and landscaping
services that included "hundreds and hundreds of flowers" in the
shape of an "M." The vendors also testified Mr. Manafort was an
unusual client in that he frequently paid by international wire
transfers from bank accounts held in the name of companies like
Leviathan Advisors Ltd. and Lucicle Consultants Ltd.
Then came Mr. Manafort's accountants, who said they were never
told of those foreign accounts. Mr. Andres asked Mr. Manafort's
bookkeeper if she knew of any accounts Mr. Manafort controlled in
any of those names. As he read names aloud of the same Cyprus
companies that vendors had just acknowledged, Heather Washkuhn said
simply, "no," more than a dozen times, saying she believed those to
be third-party clients of Mr. Manafort.
"Why would Mr. Manafort pay Ms. Washkuhn $100,000 a year to pay
his bills?...And then when the bills related to payments from the
Cyprus accounts...why would he pay those bills himself?" Mr. Andres
asked jurors as he made his closing arguments. "The answer is,
again, because he wanted to hide those accounts," he said.
Mr. Manafort's team argued he has been open about the accounts
and transferred money from them to domestic accounts, which Ms.
Washkuhn appropriately booked as income.
The star of the prosecution followed: Mr. Gates, Mr. Manafort's
longtime associate. His appearance drew so much public interest
that the 150-capacity courtroom and the overflow room were filled
over the three days of his testimony. He pleaded guilty earlier
this year and received a deal under which his cooperation could
earn him probation, though a judge would ultimately decide his
sentence.
Mr. Gates said he committed crimes with Mr. Manafort and didn't
disclose the foreign bank accounts to accountants and tax preparers
"at Mr. Manafort's request."
Mr. Manafort's lawyer Kevin Downing subjected him to a sharp
cross-examination, in which he pressed Mr. Gates repeatedly about
his "secret" life, scoffing when he struggled to remember events he
discussed with prosecutors.
"Have they confronted you with so many lies that you can't
remember any of it?" Mr. Downing asked Mr. Gates at one point.
"I'm here to tell the truth. I'm here because I made a decision
to take responsibility for my actions. Mr. Manafort had the same
path. I'm here, " Mr. Gates said.
As Mr. Downing made his closing statement, he told jurors not to
trust Mr. Gates, saying, "To the very end, he lied to you."
FBI and IRS employees also testified to examining Mr. Manafort's
financial dealings, saying at least $16 million of the money Mr.
Manafort spent between 2010 and 2014 wasn't reported to tax
authorities and that those expenses were personal in nature and
couldn't be construed as business expenses subject to tax
deductions.
Mr. Manafort's team had stressed that the political consultant
had retained bookkeepers and accountants thinking they would
appropriately manage his financial affairs. "How could this be this
grand concealment? It doesn't make any sense," Mr. Downing
said.
The second part of prosecutors' allegations followed, with
testimony from employees from several banks that Mr. Manafort
obtained more than $20 million in loans from in 2016 and 2017. They
said their banks' decisions were largely based on financial
information provided by Mr. Manafort that previous witnesses had
testified was misleading or false. Mr. Manafort's team argued
prosecutors cherry-picked innocent mistakes on those applications
to paint a picture of fraud.
"We have to pull the lens back...If this were fraud, we would
have courts across the country filled," another attorney for Mr.
Manafort, Richard Westling, told the jury.
Hanging over much of the trial has been U.S. District Judge T.S.
Ellis's courtroom commentary. He pressed prosecutors to "focus
sharply" and "expedite" when chastising them for highlighting Mr.
Manafort's free-spending ways at the outset of the trial -- and
kept chastising them each time they brought up the subject.
As the days passed, prosecutors appeared to grow accustomed to
Judge Ellis's asides. Late last week after Mr. Andres acknowledged
he did not introduce a piece of evidence earlier as he should have,
the judge said: "All right. Confession is good for the soul."
Mr. Andres responded: "I think my soul is in pretty good shape,
or it should be after this process."
Mr. Manafort's attorney rested his defense Tuesday without
presenting any witnesses or evidence.
Write to Aruna Viswanatha at Aruna.Viswanatha@wsj.com, Sadie
Gurman at sadie.gurman@wsj.com and Julie Bykowicz at
julie.bykowicz@wsj.com
(END) Dow Jones Newswires
August 21, 2018 17:50 ET (21:50 GMT)
Copyright (c) 2018 Dow Jones & Company, Inc.