Posted on May 16 2019
Updated 8/3/2019 to include Gates’ & Govt recent status report, See bottom of this entry for details
Dear Rick ...
I bet you thought that Rick Gates had slipped my radar? NOPE...although I’ll admit I’ve been a bit bogged down because it seems like every hour of the day some “scoop” or “breaking news” just floods the zone. And granted if I could be on Twitter I could literally update you in a matter of seconds. As previously discussed in March of 2019 re Gates’ Status Report, found here,
We all know that Rick Gates has been cooperating pursuant to the Ts and Cs of his Plea Deal. As a refresher (pulled from the DOJ Special Counsel’s webpage)
U.S. v. Richard W. Gates III (1:17-cr-201, District of Columbia)
Richard W. Gates III of Richmond, Va., pleaded guilty on Feb. 23, 2018, to a superseding criminal information that includes: count one of the indictment, which charges conspiracy against the United States, in violation of 18 U.S.C. 371 (which includes conspiracy to violate 26 U.S.C. 7206(1), 31 U.S.C. 5312 and 5322(b), and 22 U.S.C. 612, 618(a)(1), and 618(a)(2)), and a charge of making false statements to the Special Counsel’s Office and FBI agents, in violation of 18 U.S.C. 1001.
The last Rick Gates update was on March 15, 2019 ( I even added a bonus Firtash update in that write up). And like a typical A personality, yes I created a calendar reminder but I was also a bit up to my eyeballs in actual work. So Gates’ Joint Status Report actually slipped my radar. Apologies, bad Spicy bad. As a reminder Gates’ March 15th Status Report said:
defendant Gates continues to cooperate with respect to several ongoing investigations, and accordingly the parties do not believe it is appropriate to commence the sentencing process at this time.
Well I am happy to report that yes the plural “Investigations” was in fact a decent clue. Sure you can give me grief for my odd fixation of tiny details but a “tiny” detail such as plural Investigations...meant that the May 13, 2019 Joint Status Report did not surprise me that Gates’ is cooperating in the following cases:
To date: (1) defendant Gates continues to cooperate with the government as required by his Plea Agreement, and (2) this Court has scheduled a trial in United States v. Craig, 19-CR-125 (ABJ), to begin on August 12, 2019, and another trial, United States v. Stone, 19-CR-18 (ABJ), to begin November 5, 2019. As a result, the parties do not believe that a sentencing date should be set at this time.
Accordingly, the parties respectfully request that they provide a joint status report no later than August 30, 2019. A proposed Order is attached.
Shortly after the May 2019 Joint Status Report the Judge reset the deadlines via the following minute order on the Gates docket
As updates become available I’ll update the blog accordingly because for the foreseeable future I won’t be on Twitter.
ps yes I know Trump released his 2019 Financial Disclosure
And YES I am aware that Trump obtained a new mortgage in 2018 via:
Professional Bank for 1125 South Ocean LLC
Mortgage $5,000,001 - $25,000,000
2018 interest rate of 4.500% Mortgage/Loan Matures in 2048
And YES of course I’ve already locked down The Who/Why/When of said new mortgage. Although I’m kind of (not) surprised that the media didn’t pick up that not only did Trump’s Sons buy their Aunt’s home but they also purchased the adjacent vacant lot. Once you have the parcel No it’s incredibly easy to pull public property records:
|Parcel Control Number||50-43-43-35-05-000-0240|
The adjacent vacant lot info:
Like I said, once you have the parcel number it’s relatively easy to pull down the property records, liens and/or mortgages that encumber said property
Not that it really matters but it took me less than 5 minutes to lock on and then drill down. Which is why this OutFront interview bugs the ever loving shit out of me, if you’re going to have a business reporter on at the very minimum how about said “reporter” takes the 5 minutes to jump on the Palm Beach County Records and pulls down the same public information I did. God I’m not s reporter...
Lordy Spicy is getting tired of all this madness and doing research for other people who then lift my work as their own...yes I see you and I’m just waiting to pounce...
August 3, 2019 Update
In March of 2019 Gates and the Government filed a Joint Status Report concerning the Sentencing of Rick Gates. And we previously knew (based solely on the Government’s elucidation in other cases) that Gates’ has been a rather cooperative witness. Although last summer we learned (in Manafort’s EDVA trial) that the Jury really didn’t find Gates as a credible witness. Which is a gamble the prosecution takes when then have a cooperating witness like Rick Gates.
As a refresher in the course of last Summer’s Manafort EDVA-Trial while I certainly do not fault the Government in their preparation of Gates’ testimony - predictably on cross-examination Manafort’s Attorneys went on the attack. Which shouldn’t surprise you because “impeaching” a witness’s credibility, necessities a known defense strategy tactic. Specifically an airing the witness’s dirty laundry. The reality is Gates isn’t exactly a “Boy Scout” and his baggage most certainly does not fit nicely in the overhead compartment. Gates had to admit that he embezzled money from Manafort, from the Trump Inaugural Fund, and had a few extramarital affairs.
Unfortunately these facts left the EDVA Jury unpersuaded by Gates’ testimony. Again that’s not me saying the prosecution did anything wrong - it’s just a risk the prosecution takes when you have a witness like Gates. As you know his sentencing has been previously delayed five times. On Thursday evening the parties filed this joint motion concerning Gates’ sentencing:
I now refer you to Page 1 paragraph # 2 - where the parties inform the Court that the Government plans to call Gates as a witness in two cases: Greg Craig & Roger Stone - Also the Manhattan District Attorney also informed the Government and Gates that they expect to call Gates as a witness in Manafort's State Criminal Trial sometime in 2020.
To date, the defendant continues to cooperate with the government as required by his plea agreement. He is a potential witness in two upcoming trials before this Court, United States v. Craig, 19-CR-125 (ABJ), to begin on August 12, 2019, and United States v. Stone, 19- CR-18 (ABJ), to begin November 5, 2019. He has also been advised by the District Attorney’s Office for the County of New York that he will be called to testify in the trial of Paul Manafort at some point in 2020.
With respect to Rick Gates - and Mueller’s Report Volume 1, Gates is referenced in Volume 1 in excess of 111 times. Notwithstanding I now refer you to the following pages 52 & 52 concerning WikiLeaks and Roger Stone.
Other citations of Gates in the Mueller Report Volume 1 - following pages: 60, 61, 62, 86, 87, 117, 118, 123m 137 thru 149 and 190 of those - pages 139, 140, 143, 144, 149 have the most citation of Gates - also perhaps this was previously reported but Gates sent Kilmnik polling data created by Tony da-tiger Fabrizio via WhatsApp. I wonder if Trump ever paid Fabrizio but I digress.
With respect to Roger Stone, we found out late last week that the Court denied Stone’s Request to dismiss his Indictment. So it’s really not that big of s surprise that the Government expects to call Gates as a witness in Stone’s November 2019 Trial.
It is also worth pointing out that Special Counsel Mueller “farmed out” the Trump Inauguration Investigation to the EDNY, specifically Brooklyn. The reason I’m drawing your attention to the Trump Inauguration Investigation is two fold. Thomas Barrack, previously discussed, found here. These are not specious allegations - although I actually disagree with the recent NYTs article which oddly seems rather favorable to Barrack. Given the NYTs was overly accommodating in including Barrack’s Statements that there’s essentially nothing “there - there” I happen to think it’s not FARA that Barrack should be concerned about but he should be terrified that investigators might be investigating FCPA and LDA violations.
Again you might say I’m off the mark that Gates isn’t implicated in the Trump Inauguration Fund Investigation. I think most forget that after Manafort “purportedly” left the Trump Campaign in August 2016, but Gates stayed on. Gates was also part of the Trump Transition - which included the Inauguration and not the least of which Barrack gave Gates a job after January 2017 - but after the October 2017 Indictment Gates was fire from Barrack’s Colony-NorthStar. So when I assert that Gates might be cooperating with the Government concerning Trump’s Inauguration Fund - that’s not me pulling facts from thin air. I suppose time will tell.
While you're here, throw us a bone.
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