Michael Cohen: THE GOVERNMENT'S SENTENCING MEMORANDUM

[pnwmom]

Source: Courtlistener.com

PRELIMINARY STATEMENT

Defendant Michael Cohen is scheduled to be sentenced on December 12, 2018. The United States Attorney's Office for the Southern District of New York (the Office) respectfully submits this memorandum in connection with that sentencing and in response to the defendant's sentencing memorandum dated November 30, 2018 (Def. Mem.).

Cohen, an attorney and businessman, committed four distinct federal crimes over a period of several years. He was motivated to do so by personal greed, and repeatedly used his power and influence for deceptive ends. Now he seeks extraordinary leniency - a sentence of no jail time - based principally on his rose-colored view of the seriousness of the crimes; his claims to a sympathetic personal history; and his provision of certain information to law enforcement. But the crimes committed by Cohen were more serious than his submission allows and were marked by a pattern of deception that permeated his professional life (and was evidently hidden from the friends and family members who wrote on his behalf).


Read more: https://www.courtlistener.com/recap/gov.uscourts.nysd.499666/gov.uscourts.nysd.499666.27.0_2.pdf

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Link to tweet

BREAKING: Prosecutors say ex-Trump lawyer Michael Cohen deserves substantial prison time, despite his cooperation.


ON MSNBC, Chuck Rosenberg says that this document from SDNY, rather than any input from the Mueller team, will be what "drives sentencing."

[Qutzupalotl]

1. Natasha Bertrand tweets:

Link to tweet

[George II]

2. Thanks, I was just going to go find it. CNN is reporting that this is the SDNY memo, not Mueller's.

The other one is due to be released any minute now, too.

[George II]

3. BTW, CNN just announced that Mueller's memo was just filed.

[Mr.Bill]

4. They should play the audio tape of Cohen threatening that reporter

when they have the sentencing hearing. Just to show what kind of vicious bastard they are dealing with. This man is a danger and should be locked up for a long, long time.

[still_one]

5. and Flynn is recommended no prison time?

[leftynyc]

6. He must have put donnie's

head (or junior or jarad's) head on a platter to get no jail time.

[still_one]

9. His son almost got people killed in the pizzaHillary pedophile lie

[pnwmom]

8. They're saying it's because Flynn started cooperating fully very early in the process,

when it was most useful. Cohen delayed and was much less forthcoming.

[Gore1FL]

13. The sentencing guidelines for Flynn was 0 to 6 months. Then he cooperated.

"Noting his cooperation with prosecutors, the document recommends “a sentence at the low end of the guideline range [0-6 months] —including a sentence that does not impose a term of incarceration.”

https://washingtonmonthly.com/2018/12/05/why-the-flynn-sentencing-memo-could-be-bad-news-for-jared-kushner/

Technically, they could have landed at 0 days in prison before he cooperated. It's difficult to make the sentence harsher for someone who cooperated from almost square 1.

[NewJeffCT]

7. Bertrand also reported

that Mueller said they will NOT be filing any sort of memo that shows that Cohen cooperated enough to merit a reduced sentence.

[onenote]

10. The SDNY prosecutors recommended 42 months and $500K fine for Cohen

Haven't seen Mueller's separate memo but it probably will largely agree with the SDNY recommendation.

[pnwmom]

12. Mueller's memo is here. It's only 7 pages.

https://www.democraticunderground.com/10142218635

[LakeSuperiorView]

17. When an investigation finds guilt, it pays for itself.

When it's chasing bullshit charges, the taxpayers wind up footing the bill.

[More_Cowbell]

11. Mueller's memo recommends any sentence be concurrent with the SDNY sentence nt

[H2O Man]

14. Recommended.

Intense.

[Snellius]

15. Money crimes leave a money trail.

No way he'll take the wrap without pointing to the Don.

[BigmanPigman]

16. His wife could have been nailed too. GREED!

Rev. Sharpton spoke with Cohen and said that he expected this sentence. Christmas is early! Now if they can get Pence...... President Pelosi!

[red dog 1]

18. SDNY is federal court, so Shit-For-Brains could commute Cohen's sentence if he chose to

regardless of how "substantial" it is.

The question is...will he?

[pnwmom]

19. Maybe not, since he's probably mad at Cohen for him giving help to Mueller. n/t

[UpInArms]

20. Cohen did not fully cooperate with the Special Council's Office

From the document in the OP

To be clear, neither the SCO nor this Office is making a motion under U.S.S.G. § 5K1.1. No such motion is being made because, as detailed herein, Cohen repeatedly declined to provide full information about the scope of any additional criminal conduct in which he may have engaged or had knowledge. However, this Office acknowledges and agrees that Cohen’s provision of information to the SCO in connection with its investigation is a mitigating factor that the Court should consider in imposing sentence. Indeed, Cohen’s provision of information to the SCO is the reason that this Office is not seeking a Guidelines sentence here, but rather is acknowledging that a modest variance is appropriate.

While Cohen’s provision of information to the SCO merits credit, his description of his actions as arising solely from some “personal resolve” – as opposed to arising from the pendency of criminal charges and the desire for leniency – ignores that Cohen first reached out to meet with the SCO at a time when he knew he was under imminent threat of indictment in this District. As such, any suggestion by Cohen that his meetings with law enforcement reflect a selfless and unprompted about-face are overstated.

With respect to Cohen’s provision of information to this Office, in its two meetings with him, this Office assessed Cohen to be forthright and credible, and the information he provided was largely consistent with other evidence gathered. Had Cohen actually cooperated, it could have been fruitful: He did provide what could have been useful information about matters relating to ongoing investigations being carried out by this Office. But as Cohen partially acknowledges, it was his decision not to pursue full cooperation, and his professed willingness to continue to provide
information at some later unspecified time is of limited value to this Office, both because he is under no obligation to do so, and because the Office’s inability to fully vet his criminal history and reliability impact his utility as a witness.