Federal prosecutors filed a brand new indictment on Friday in opposition to the only real remaining defendant charged with conspiring to defraud donors in a crowdfunded effort to assemble a wall on the U.S.-Mexico border.
Of the 4 males initially indicted within the We Construct the Wall case, solely Timothy Shea’s case seems to be heading towards a trial. He was initially indicted with former President Donald Trump’s ex-chief strategist Steve Bannon, Iraq Struggle veteran Brian Kolfage, and Andrew Badolato.
Although all confronted the identical allegations, Trump pardoned solely Bannon towards the top of the forty fifth president’s time period. Kolfage and Badolato, who reportedly was Bannon’s longtime good friend, opted to pursue plea offers, which have but to be accepted by a decide.
For now, that leaves solely Shea to face a jury on Could 16.
If or when Shea stands trial, he would face yet another federal cost that his three erstwhile co-defendants ever did. All have been initially indicted on prices of conspiring to defraud We Construct the Wall donors and launder their cash. The superseding indictment in opposition to Shea, filed on Friday however dated Thursday, prices an extra rely of falsification of data.
“Shea created and triggered the creation of paperwork that have been falsely backdated and said false causes for funds from We Construct the Wall to Shea and from Shea to Brian Kolfage, with the intent to impede, impede, or affect an investigation by the US Lawyer’s Workplace for the Southern District of New York,” it states.
Prosecutors insist that the extra cost is not going to delay the trial.
“The federal government notified the defendant, via counsel, a minimum of a number of weeks in the past of the opportunity of a superseding indictment, together with that the superseding indictment was more likely to include the obstruction cost,” Assistant U.S. Lawyer Nicolas Roos wrote in a letter on Thursday, explaining the premise of the brand new cost. “The adjustments to the Indictment is not going to consequence within the manufacturing of any new discovery, and likewise shouldn’t have any impact on the estimated size of the trial.”
On Thursday, prosecutors additionally defined why they need to admit proof that Shea allegedly informed a suspected authorities witness that he ought to “watch his again” and that he “is aware of folks in a New York mafia crime household.”
Shea’s lawyer John Meringolo requested a federal decide to depart out that proof as a result of his consumer “by no means set foot in New York,” besides as soon as for a household trip.
“He’s unequivocally and definitively unrelated to, and unassociated with, any particular person or group that would even conceivably be described as such,” Meringolo wrote. “The federal government’s false allegations, if not so consequential to this essential second in Mr. Shea’s life, can be laughable.”
For prosecutors, the protection argument “misses the purpose.”
“The federal government doesn’t intend to supply this proof to show that the defendant had ties to organized crime households,” they wrote. “As a substitute, this proof is instantly related to ascertain the defendant’s mind-set, and specifically his consciousness of guilt.”
Meringolo didn’t instantly reply to Regulation&Crime’s e-mail requesting remark.
Learn the superseding indictment, beneath:
(Picture by John Moore/Getty Pictures)
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