Trump ex-attorney Michael Cohen sentenced: 3 years prison, $500,000 forfeiture, $1.4 million restitution, $50,000 fine
Donald Trump's longtime "fixer" and personal attorney has been sentenced to to 36 months (3 years) in federal prison, plus an additional 3 years of supervised release, in a case in the Southern District of New York.
Judge William H. Pauley of SDNY also sentenced Cohen to 2 months for lying to Congress, to be served concurrently to his primary 36-month sentence.
He also issued an order for $500,000 in forfeiture, payment of $1.39 million in back taxes, and a $50,000 fine.
Judge Pauley also ordered an additional $50,000 fine, for lying to Congress.
There are additional terms of imprisonment, but all will be served by Cohen concurrently.
Cohen will be able to voluntarily surrender, he was not taken into custody as the hearing ended.
- - -
Federal prosecutors asked for a "substantial" prison sentence of about 3 and a half years. Cohen asked for time served. He could face up to five years, based on sentencing guidelines for his crimes.
"We respectfully submit that the case calls for a full consideration of mercy," Michael Cohen's defense attorney Guy Petrillo said during the hearing.
Petrillo argued that Cohen should receive a lenient sentence in part because Cohen "came forward to offer evidence" against Trump.
"I don't really understand the strident tone of the memo," Petrillo said, referring to the Southern District of New York's filing.
Implying that his connection to Trump was the reason for the strident tone, Petrillo added, "Mr. Cohen had the misfortune to be counsel to the president."
This, of course, implies that Cohen's position at Trump's side was not something over which Cohen had any choice.
Petrillo then went on to tell the court that Cohen would be willing to cooperate with ongoing investigations, but that "he is wary of a long term cooperation agreement for personal reasons, and because he wants both to remove himself and his family from the glare of the cameras."
So, Cohen is unwilling to cooperate.
Petrillo then told the court Cohen could not have anticipated the "full measure of attack that would made against him" by President Trump and supporters, "and those attacks include threats against his family."
Cohen's attorney ended his remarks asking the judge for leniency: "He's a very good man."
- - -
Speaking for Special Counsel Robert Mueller's Office, prosecutor Jeannie S. Rhee told the court Cohen provided "credible" and "valuable information" regarding "any links between a campaign and a foreign government."
"Mr. Cohen has sought to tell us the truth," Rhee said.
Rhee also said that Cohen provided information to Mueller's team related to the core Russia-related issues under investigation, but due to the nature of those investigations, declined to further detail.
- - -
Assistant U.S. Attorney Nicolas Roos of the Southern District of New York next argued that Cohen's actions harmed the interests of "free and transparent elections, and in committing these crimes, Cohen has eroded faith in the electoral process."
"Deception, brazenness, and greed," is how SDNY's Roos then described Cohen's conduct, reminding the court of his interference with the election, and long history of willful tax cheating, among other shady business.
- - -
Michael Cohen then stood to speak at the podium, from a prepared statement.
From his speech:
"Today is the day that I am getting my freedom back."
"I have been living in a personal and mental incarceration ever since the day that I accepted the offer to work for a real estate mogul whose business acumen that I deeply admired."
"I stand before your honor humbly and painfully aware that we are here for one reason."
"I take full responsibility for each act that I pleaded guilty to," including those implicating the "President of the United States of America."
"Today is one of the most meaning days of my life."
My "weakness was a blind loyalty to Donald Trump."
"I have chosen this unorthodox path because the sooner that I am sentenced," the sooner I can return to my family.
"I do not need a cooperation agreement in place to do the right thing."
He then mentions his family members, by name, and says he brought pain and shame on his family. Mentions his mom, dad, and children, and says to them "I'm sorry." Long pause.
"The president of the United States, the most powerful man in the world," Cohen said mockingly, "calling me a rat."
He said Trump tried to influence the proceedings that "implicate" him.
He apologized again to his family before wrapping up. His voice cracked with apparent emotion, as he apologizes to "the people of the United States" for lying to us.
"You deserve to know the truth and lying to you was unjust."
Cohen then sat down.
- - -
Then, the sentence was imposed.
Judge Pauley spoke about the "smorgasboard" of crimes involving "deception" and motivated by "personal greed and ambition."
Quoting Oliver Wendell Holmes, Judge Pauley said of the tax-evasion charges against Cohen, "Taxes are the price we pay for a civilized society."
He said Cohen admitted that he made the illicit hush-money payments "at the coordination with and the direction of Individual-1."
"Each of these crimes standing alone warrant considerable punishment."
Pauley then reviewed Cohen's life, up to the time he began working for the Trump Organization.
"He thrived on his access to wealthy and powerful people, and he became one himself," he says.
Pauley says "the need for general deterrents is amplified in this case."
Pauley, who is from Long Island, adds that Cohen had a "comfortable childhood and had all the comforts of growing up in an upper middle class suburb on Long Island."
Somewhere along the way, however, Pauley says Cohen "lost his moral compass" and chose to "monetize" his closeness to the rich and powerful, via Trump.
Pauley then references the statement from Mueller's team at the Special Counsel's Office that Cohen cooperated on "core topics under investigation," and that the information that he has provided was "relevant and useful."
"Our system of justice would be less robust without the use of cooperating agreements with law enforcement."
Regarding the tax evasion, campaign finance, and false statement charges: "As a lawyer, Mr. Cohen should have known better," Pauley said.
Cohen's cooperation "does not wipe the slate clean."
"This court ... believes a significant term of imprisonment" is justified.
Below, live tweets from the Manhattan federal court where sentencing took place. This blog post was compiled in part from live-tweeted reporting by: Adam Klasfeld of Courthouse News, Erica Orden of CNN, Nicole Fuller of Newsday, and reporter Benjamin Adams, who were among the reporters in the courtroom.
DEVELOPING STORY: Three year sentence for Michael Cohen. Much more to come soon. https://t.co/yHUwrfuKpp
- Adam Klasfeld (@KlasfeldReports) December 12, 2018
My @CourthouseNews colleague @FRIED_ALIVE is also following this morning's sentencing hearing.
Cohen is seated at the defense table next to his attorney Guy Petrillo, but the prosecution table is currently empty. Prosecutors from SDNY and Mueller's office will be attending.
- Adam Klasfeld (@KlasfeldReports) December 12, 2018
Remember: Cohen's been prosecuted from both offices. The New York prosecutors filed the charges related to tax evasion, campaign finance, and lying to a financial institution.
Mueller's team prosecuted lying to Congress about the negotiations of the attempted Moscow tower deal.
- Adam Klasfeld (@KlasfeldReports) December 12, 2018
Cohen's family is seated in the second row, and SDNY deputy U.S. Attorney Robert Khuzami is in front of them.
The SDNY sentencing memo was blistering toward Cohen.
By comparison, Mueller's memo was good cop.
- Adam Klasfeld (@KlasfeldReports) December 12, 2018
Attorneys from the Special Counsel's Office are now seated at the prosecution table.
- Adam Klasfeld (@KlasfeldReports) December 12, 2018
Cohen's family is seated in the second row, and SDNY deputy U.S. Attorney Robert Khuzami is in front of them.
The SDNY sentencing memo was blistering toward Cohen.
By comparison, Mueller's memo was good cop.
- Adam Klasfeld (@KlasfeldReports) December 12, 2018
All rise!
We're beginning. AUSA Nicolas Roos introduces.
The Special Counsel's office and Cohen's attorney Guy Petrillo introduce themselves too.
- Adam Klasfeld (@KlasfeldReports) December 12, 2018
U.S. District Judge William Pauley starts by calculating the sentencing guideline ranges.
Cohen argued that the tax evasion charges were "not closely related" to other charges, but Pauley finds in favor of the government that they are.
- Adam Klasfeld (@KlasfeldReports) December 12, 2018
Pauley also gives an enhancement for "sophisticated means" in his crimes, i.e. creating shell companies for the hush-money payments.
- Adam Klasfeld (@KlasfeldReports) December 12, 2018
Pauley calculates the guidelines at 51 to 63 months of imprisonment.
Reminder: The judge isn't bound by those guidelines, and can go either above or below.
- Adam Klasfeld (@KlasfeldReports) December 12, 2018
Judge William H. Pauley says sentencing guidelines for Michel Cohen are 51 to 63 months for SDNY case and 0-6 months for special counsel case.
- Nicole Fuller (@nicolefuller) December 12, 2018
Finds Cohen was a sophisticated defendant and used his law degree -- both enhancements...
- Benjamin Adams (@BenAdamsO_O) December 12, 2018
Not good for Cohen obviously. Court recognizes reductions for acceptance of guilt and no crim history.
- Benjamin Adams (@BenAdamsO_O) December 12, 2018
Petrillo said Cohen offered "his relevant knowledge" to the Special Counsel's office "knowing that he'd face a barrage of attack by the president."
"He knew that the president might shut down the investigation."
- Adam Klasfeld (@KlasfeldReports) December 12, 2018
Who wants to inform Trump that Cohen *pleaded guilty to felonies* related to the payments? His talking point is factually incorrect. pic.twitter.com/FHERHcHIZX
- Aaron Rupar (@atrupar) December 12, 2018
Petrillo: He offered evidence against the most powerful person in our country. He did so not knowing what the results would be.
Or without knowing whether the probe would "survive," Petrillo said.
- Adam Klasfeld (@KlasfeldReports) December 12, 2018
Petrillo goes on: MCs decision to cooperate was unusual. He came forward to offer evidence "against the most powerful person in the county..."
- Benjamin Adams (@BenAdamsO_O) December 12, 2018
Petrillo is slamming POTUS now, painting MC as brave for standing up to him. Argues his cooperation should be see as so important as to defy the normal sentencing framework.
- Benjamin Adams (@BenAdamsO_O) December 12, 2018
.@MichaelCohen212's attorney Guy Petrillo says Cohen has a lot of family supporting him in court today: his wife, children, mother & father, mother-in-law and father-in-law & brother & sisters & niece & cousin.
- Nicole Fuller (@nicolefuller) December 12, 2018
Petrillo says Cohen "came forward to offer evidence against the most powerful person in our country."
"The SCO's investigation is of utmost national significance, no less than seen 40 years ago in Watergate," Petrillo says.
- erica orden (@eorden) December 12, 2018
Petrillo calls the SCO's investigation as important as has been seen "since the days of Watergate."
- Adam Klasfeld (@KlasfeldReports) December 12, 2018
Petrillo: "His action stands in profound contrast in the decisions of others not to cooperate, and allegedly to double-deal" while pretending to cooperate.
- Adam Klasfeld (@KlasfeldReports) December 12, 2018
This should end the "this is just a minor civil matter" & shoulder shrugging. Cohen's crimes are "sophisticated" per a Federal Judge. And therefore So.Are.Trump's. https://t.co/zKRQxHkMlz
- Mimi Rocah (@Mimirocah1) December 12, 2018
Petrillo: "No bank has ever lost money dealing with Michael Cohen. I'll say that again: No bank has ever lost money dealing with Michael Cohen. No friend in need has ever been turned away."
- erica orden (@eorden) December 12, 2018
2018 mood: "Life is tough and Michael Cohen accepts that. We accept that." https://t.co/FpL8q74VFq
- Chris Geidner (@chrisgeidner) December 12, 2018
Petrillo denies that Cohen declined to answer questions from prosecutors and Congress.
"He is wary of a long-term cooperation agreement for personal reasons," asserting that Cohen wants to keep himself and his family from the "glare of the cameras."
- Adam Klasfeld (@KlasfeldReports) December 12, 2018
Plea agreement is now being discussed. SDNY and MC remain at impasse. Scope of plea agmt is narrow. SDNY thinks MC hasn't told them everything. (This plea agreement therefore leaves MC open to future charges if other bad acts are discovered.)
- Benjamin Adams (@BenAdamsO_O) December 12, 2018
Interesting move, removing Michael Cohen's agency here, as if he didn't have a choice and wasn't attempting to cash in on that relationship. https://t.co/gFrrP8oWs9
- Chris Geidner (@chrisgeidner) December 12, 2018
Petrillo lashed out at the Southern District, suggesting prosecutors are angry at playing second fiddle to Mueller.
"Power to the Southern District," Petrillo said. "They want to build a bigger case than they've already made. God bless them."- Adam Klasfeld (@KlasfeldReports) December 12, 2018
Petrillo steps down, and Special Counsel's Office prosecutor Jeannie S. Rhee is now up.
- Adam Klasfeld (@KlasfeldReports) December 12, 2018
Special Counsel's Office prosecutor Jeannie S. Rhee said that Cohen provided "credible" and "valuable information" regarding "any links between a campaign and a foreign government."
"Mr. Cohen has sought to tell us the truth," Rhee said.- Adam Klasfeld (@KlasfeldReports) December 12, 2018
SCO attorney now speaking. Says she will be brief. Wants to make 2 points. First, this was a "serious criminal violation" and states that MC lied initially to SCO!
- Benjamin Adams (@BenAdamsO_O) December 12, 2018
"There's only so much we can say about the particulars at this time, given our ongoing investigation," Rhee said.
Kept tight-lipped throughout her remarks. More on what she said soon.
SDNY's Assistant U.S. Attorney Nicolas Roos is now up.
- Adam Klasfeld (@KlasfeldReports) December 12, 2018
It's more likely that there is more to this story that Cohen is unwilling to tell prosecutors, as the federal prosecutors in New York suspect. https://t.co/W5AOQGfPjP
- Renato Mariotti (@renato_mariotti) December 12, 2018
Special Counsel's Office prosecutor Jeannie S. Rhee said that Cohen provided "credible" and "valuable information" regarding "any links between a campaign and a foreign government."
"Mr. Cohen has sought to tell us the truth," Rhee said.- Adam Klasfeld (@KlasfeldReports) December 12, 2018
Roos: "The charges portray a pattern of deception, of brazenness and of greed."
The campaign finance charges, Roos said, were particularly "serious because of the tremendous societal costs."
- Adam Klasfeld (@KlasfeldReports) December 12, 2018