Part of my role as your general counsel is providing resources and quarterbacking issues as they arise. K&K does not dabble in criminal law. We work with experts. John Arlia and I work together on civil matters that cross into criminal on a regular basis. False claims act, Civil Monetary Penalties matters, etc.
Today I’ve asked John for his insight on President Trump’s criminal matter.
John, any thoughts/insights on President Trump’s criminal proceeding? NY Post says maximum sentence of 4 years jail time. What’s your take?
Answer:
Hi Jen!
The charges are based upon the falsification of business records in reference to the $130,000 payment to porn star Stormy Daniels. Falsification of business records is most often solely filed as a misdemeanor (which is actually precluded by the 2 year statute of limitations in this case). Nevertheless, it was bootstrapped to a felony (a 5 year statute of limitations) under a theory that the election law filing falsely claimed the $130,000 payment was for an attorneys fee payment rather than the payment to extortionist Daniels. (charges the Justice Department declined to prosecute).
The Achilles Heal for the prosecution is the alternative motives for the falsehood. Alvin Bragg’s Office is resting the felony case upon the motive for false characterization of that payment was to prevent loss of votes if the alleged sexual encounter for money with Daniels were disclosed a few months before the election.
Common sense dictates other motives to bury sex for money with a porn star; examples being protection of the Trump brand and his infamous ego and avoidance of disclosure to his wife.
The alternative motives essentially could raise reasonable doubt as to the felony. Ironically as a lesser included charge the misdemeanor may be a charge that would be proven despite its preclusion based upon the filing of the charges being after two years of the alleged filing.
As for the punishment, I can unequivocally state that no matter if any charge leads to conviction, Trump will never serve a day in prison. In almost thirty years of practicing criminal law, (some of which as a Manhattan Assistant District Attorney under the legal icon, Robert Morgenthau) I have never known of a defendant convicted of such a non violent low level crime being sentenced to prison time.
-John Arlia
Who is John Arlia?
(P) (212) 566-6262
https://www.wengerarliaesqs.com/
From a “Saudi Arabian Princess," to UFC fighters, Wenger & Arlia Esqs. has represented key figures in a wide spectrum of high profile criminal matters. A graduate of NYU School of Law, Arlia started his career with the large corporate firm of Kaye, Scholer, Fierman, Hays and Handler and subsequently joined the Manhattan's District Attorneys Office as a Trial Assistant District Attorney. For over twenty years now, Mr. Arlia has been practicing private criminal defense in the State of New York with a specialty as outside/conflict trial counsel for each of the NYPD Law Enforcement Unions in Federal and State criminal defense cases, civil rights defense, and NYPD departmental disciplinary matters. It's worthy to note that Wenger & Arlia Esqs. had the unique distinction of being hired by the United States Government to represent one of its own charged with felonies in New York State Supreme Court which resulted in a full acquittal of the government employee.
In addition to John's high profile defense clients, John has a successful record in criminal defense for Civil Monetary Penalties, False Claims Act and US Attorney Investigations representing Physicians.
