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(1) Match Game: Guess Who:
Michael Cohen was the only main actor identified by the US Attorney's Office for the Southern District of New York. Can you figure out who the others might be from the descriptions in the excerpts from the charges?
[left column:]
American Media, Inc (AMI)
National Enquirer tabloid magazine
David Pecker, chairman of AMI
Keith Davidson, attorney
Stephanie Clifford aka Stormy Daniels, adult film actress
Karen McDougal, former Playboy playmate
Donald Trump
Dylan Howard, Editor-in-Chief, National Enquirer
[right column:] THE CHARGES AGAINST MICHAEL COHEN
From in or about 2007 through in or about January 2017, MICHAEL COHEN, the defendant, was an attorney and employee of a Manhattan-based real estate company (the "Company"). COHEN
held the title of "Executive Vice President" and "Special Counsel" to the owner of the Company ("Individual-1").
On or about June 16, 2015, Individual-1 began his presidential campaign. While MICHAEL COHEN, the defendant, continued to work at the Company and did not have a formal title with the campaign, he had a campaign email address and, at various times, advised the campaign, including on matters of interest to the press, and made televised and media appearances on behalf of the campaign.
Corporation-1 was a media company that owns, among other things, a popular tabloid magazine ("Magazine-1").
In or about August 2015, the Chairman and Chief Executive of Corporation-1 ("Chairman-1"), in coordination with MICHAEL COHEN, the defendant, and one or more members of the campaign, offered to help deal with negative stories about Individual-l's relationships with women by, among other things, assisting the campaign in identifying such stories so they could be purchased and their publication avoided.
in or about June 2016, a model and actress ("Woman-1") began attempting to sell her story of her alleged extramarital affair with Individual-1 that had taken place in 2006 and 2007, knowing the story would be of considerable value because of the election. Woman-1 retained an attorney ("Attorney-1"), who in turn contacted the editor-in-chief of Magazine-1 ("Editor-1"), and offered to sell Woman-l's story to Magazine-1.
on or about October 8, 2016, an agent for an adult film actress ("Woman-2") - informed Editor-1 that Woman-2 was willing to make public statements and confirm on the record her alleged past affair with Individual-1. Chairman-1 and Editor-1 then contacted MICHAEL COHEN, the defendant, and put him in touch with Attorney-1, who was also representing Woman-2.
From in or about June 2016, up to and including in or about October 2016, in the Southern District of New York and elsewhere, MICHAEL COHEN, the defendant, knowingly and willfully caused a corporation to make a contribution and expenditure, aggregating $25,000 and more during the 2016 calendar year, to the campaign of a candidate for President of the United States, to wit, COHEN caused Corporation-1 to make and advance a $150, 000 payment to Woman-1
On or about October 27, 2016, in the Southern District of New York and elsewhere, MICHAEL COHEN, the defendant, knowingly and willfully made and caused to be made a contribution to Individual-1, a candidate for Federal office, and his authorized political committee in excess of the limits of the Election Act, which aggregated $25,000 and more in calendar year 2016, and did so by making and causing to be made an expenditure, in cooperation, consultation, and concert with, and at the request and suggestion of one or more members of the campaign, to wit, COHEN made a $130,000 payment to Woman-2 to ensure that she did not publicize damaging allegations before the 2016 presidential election and thereby influence that election.
[printed upside down:] We think Stephanie Clifford might be Woman-2
Note:
(a) I fail to find this article online, which I reproduce it here. The paragraphs in the Charges above came from paragraphs 1, 25, 26, 27, 29, 32, 42, and 44 of Information in United States v Cohen, Dist Ct (SDNY), No 18-crim-602. The link to the Information is supplied at the bottom of
Press release: Michael Cohen Pleads Guilty In Manhattan Federal Court To Eight Counts, Including Criminal Tax Evasion And Campaign Finance Violations. US Attorney's Office [for] Southern District of New York.
https://www.justice.gov/usao-sdn ... luding-criminal-tax
(b)
(i) Rule 7 of Federal Rules of Criminal Procedure:
"The Indictment and the Information
(a) When Used.
(1) Felony. An offense (other than criminal contempt) must be prosecuted by an indictment if it is punishable:
(A) by death; or
(B) by imprisonment for more than one year.
(2) Misdemeanor. An offense punishable by imprisonment for one year or less may be prosecuted in accordance with Rule 58(b)(1).
(b) Waiving Indictment. An offense punishable by imprisonment for more than one year may be prosecuted by information if the defendant-in open court and after being advised of the nature of the charge and of the defendant’s rights-waives prosecution by indictment."
(ii) Rule 58(b)(1): "Charging Document. The trial of a misdemeanor may proceed on an indictment, information, or complaint. The trial of a petty offense may also proceed on a citation or violation notice."
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发表于 8-28-2018 15:23:31
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