NEW YORK (AP) A judge today threw out Paul Manaforts New York mortgage fraud case on double jeopardy grounds.
Manafort, 70, was President Donald Trumps campaign chairman in 2016. He was later convicted in two federal cases stemming from his business dealings and is serving a 7½-year prison sentence.
Judge Maxwell Wiley ruled that state law precludes prosecution. Manafort wasnt in court for Wileys ruling because of a health problem.
Manaforts lawyers had argued that the state charges should have been dismissed because they involve some of the same allegations as federal cases that have landed Manafort behind bars.
In a hearing that lasted just a few minutes, Wiley said he agreed, announcing his ruling to prosecutors and Manaforts lawyers. He said a detailed explanation is provided in a written decision, a copy of which has yet to be provided to media.
Basically, the law of double jeopardy in New York state provides a very narrow window for prosecution, the judge said.
Wiley noted that prosecutors can appeal decision and likely will.
Lawyer Todd Blanche raised the double jeopardy issue soon after Manafort was arrested, saying that the charges brought by Manhattan District Attorney Cyrus Vance Jr. violated a state law that bars repeat prosecutions for the same general conduct.
The factual overlap between the federal and state cases is extensive if not total, Blanche wrote in court papers.
Manafort had a heart-related condition and was moved last week to a hospital from a federal prison in Pennsylvania, two people familiar with the matter told The Associated Press on Tuesday. They were not permitted to discuss the matter publicly and spoke to the AP on condition of anonymity.
Hes already serving a federal prison sentence for misleading the U.S. government about lucrative foreign lobbying work, hiding millions of dollars from tax authorities and encouraging witnesses to lie on his behalf.
Vance announced the charges in March, just minutes after Manafort was sentenced in the second of the two federal cases, saying in a statement at the time: No one is beyond the law in New York.
The 16-count New York indictment was largely seen as a hedge against the possibility that Trump might pardon Manafort for his federal crimes. The state charges alleged Manafort gave false and misleading information in applying for residential mortgage loans, starting in 2015 and continuing until three days before Trumps inauguration in 2017. He is also charged with falsifying business records and conspiracy.
Prosecutors had argued that the case was based on allegations that were never resolved in Manaforts 2018 federal trial in Virginia. Jurors found Manafort guilty of eight counts of tax- and bank-fraud charges but couldnt reach a verdict on 10 other charges, resulting in a mistrial on those counts.
There was no immediate reaction to the dismissal from Vances office.
