# Trump charges bring New York ‘zombie case’ back to life Author: Pal Sinha, Barnali Author URL: https://financedigest.com/author/pal-sinha-barnali Published: 2023-03-31 Category: NEWS Category URL: https://financedigest.com/category/news Meta Title: Manhattan's 'Zombie Case' and Trump's Meta Description: Learn about the ongoing 'zombie case' surrounding Donald Trump's hush-money payments to Stormy Daniels, with charges brought by a grand jury in URL: https://financedigest.com/trump-charges-bring-new-york-zombie-case-back-to-lifehtml ![undefined](https://prod.superblogcdn.com/site_cuid_cm5qst7v3003gwirgwqtxn8i8/images/2023-03-30t225112z2lynxmpej2t13brtroptp4usa-trump-new-york-history-1736814218866-compressed.jpg) By Luc Cohen NEW YORK (Reuters) -Manhattan has started and stopped its investigation into Donald Trump’s hush-money payments to porn star Stormy Daniels so many times that it has come to be known as a “zombie case” like the mythical character who returns from the dead. A grand jury of New Yorkers has brought charges against the former president, Trump’s lawyer Susan Necheles said on Thursday. The charges were not immediately made public but emerged after Manhattan District Attorney Alvin Bragg revived a probe into whether Trump directed his former personal lawyer, Michael Cohen, to make the payment. Cohen and [Daniels have said the payment was to buy her silence about a sexual encounter she had with Trump](https://www.financedigest.com/who-is-stormy-daniels-and-what-did-she-say-happened-with-trump.html "Who is Stormy Daniels and what did she say happened with Trump?") in 2006 when Trump was married to his current wife Melania. Trump denies having had an affair with Daniels. Manhattan District Attorney Alvin Bragg launched the probe after his predecessor Cyrus Vance twice looked into the [payment and did not bring](https://www.financedigest.com/how-to-bring-immediacy-back-to-the-supply-chain-with-faster-payments.html "How to Bring Immediacy Back to the Supply Chain With Faster Payments") charges, in part because winning a conviction would rely on untested legal strategies, according to a new book by Mark Pomerantz, a former prosecutor in the office. Doubts arose as to whether state felony charges could be brought against a candidate for federal office and whether the conduct could be considered [money laundering](https://www.financedigest.com/money-laundering-made-easy-by-uk-financial-system.html "Money laundering made easy by UK financial system"), according to the book, “People vs. [Donald Trump,”](https://www.financedigest.com/over-a-third-of-uk-people-think-thomas-whitmore-from-independence-day-will-be-joined-by-donald-trump-in-disneys-hall-of-presidents.html "Over a third of UK people think Thomas Whitmore from Independence Day will be joined by Donald Trump in Disney’s Hall of Presidents") published in February. The inquiry [opened and shut so many times](https://www.financedigest.com/its-time-for-open-banking-to-open-up.html "It’s time for open banking to open up") that it came to be known as a “zombie case,” Pomerantz said. The [bottom line](https://www.financedigest.com/the-severe-impact-of-downtime-on-companies-bottom-lines.html "The severe impact of downtime on companies’ bottom lines") for me was that the ‘zombie’ case was very strong,” Pomerantz wrote. But was it a crime under New [York law?”](https://www.financedigest.com/a-first-look-at-new-york-citys-new-law-prohibiting-employers-from-inquiring-about-the-salary-history-of-applicants.html "A First Look at New York City’s New Law Prohibiting Employers From Inquiring About the Salary History of Applicants") To be sure, it was as yet unknown whether Bragg was approaching the case with a similar legal theory to his predecessor. Trump, who is seeking the Republican nomination for the presidency again in 2024, has called the probe a “witch hunt.” Bragg is a Democrat. Bragg’s office did not immediately respond to requests for comment. Joseph Tacopina, another lawyer for Trump, said in television interviews before charges were filed that his client was a victim of extortion by Daniels, whose real name is Stephanie Clifford. Late last year Bragg’s office won a conviction of Trump’s family [real estate](https://www.financedigest.com/gold-london-real-estate-and-the-theresa-may-effect.html "GOLD, LONDON REAL ESTATE AND THE THERESA MAY EFFECT") company on tax fraud charges. Trump was not a defendant in that case. ‘UNTESTED THEORY’ According to Pomerantz, Vance’s office looked into the payment in 2019, after federal prosecutors in the U.S. [Attorney’s office](https://www.financedigest.com/phillips-nizer-adds-two-new-partners-litigator-craig-penn-and-corporate-attorney-carl-kleidman-to-new-york-office.html "Phillips Nizer Adds Two New Partners, Litigator Craig Penn And Corporate Attorney Carl Kleidman, To New York Office") in Manhattan finished their own case involving the hush money. Pomerantz was not yet [working in the district attorney’s office](https://www.financedigest.com/working-from-home-or-the-office-how-to-do-it-best.html "Working from home or the office – how to do it best") at the time. In the federal case, Cohen pleaded guilty to campaign [finance violations and testified that Trump directed him to pay](https://www.financedigest.com/best-paying-jobs-in-finance-consumer-services.html "Best Paying Jobs in Finance Consumer Services") Daniels and another woman. Federal prosecutors said Trump’s family [real estate company reimbursed Cohen and falsely accounted](https://www.financedigest.com/its-time-for-real-time-accountancy.html "It’s time for real time accountancy ") for it as a legal expense, but never charged Trump with a crime. Under New York state law, falsification of [business records](https://www.financedigest.com/financial-records-retention-what-do-businesses-need-to-know.html "Financial records retention: what do businesses need to know?") is a misdemeanor. It can become a felony if the intent is to conceal or advance another crime. Pomerantz wrote that the DA’s [office considered whether that other crime might be a violation of election laws](https://www.financedigest.com/international-law-firm-calls-in-viato-connect-uk-and-us-offices.html "INTERNATIONAL LAW FIRM CALLS IN VIATO CONNECT UK AND US OFFICES"). Such a theory would assert that Cohen’s payment was a campaign contribution because Daniels’ disclosure of the alleged encounter would have harmed Trump’s prospects at the polls. But as [Trump was a candidate for federal office](https://www.financedigest.com/trumping-the-markets-what-impact-has-the-new-us-president-had-in-his-first-month-in-office.html "Trumping the markets – what impact has the new US President had in his first month in office?"), it was legally uncertain whether the intent to advance or conceal a federal crime could convert a state-level falsification of records charge into a felony, Pomerantz wrote. It’s an untested theory, but it’s not every day that a candidate for president violates a state law,” Jerry Goldfeder, an election [law specialist at the Stroock law firm](https://www.financedigest.com/litigate-collaborates-with-three-leading-law-firms-to-develop-ai-litigation-platform.html "LitiGate collaborates with three leading law firms to develop AI litigation platform      "), said when asked before the charges were filed whether state law could apply to a candidate for federal office. ‘BACK INTO THE GRAVE’ After hiring an outside law firm for advice, Vance’s [office decided not to bring](https://www.financedigest.com/4-ways-moving-office-can-bring-your-business-roi.html "4 ways moving office can bring your business ROI") any charges, Pomerantz wrote. “These types of crimes don’t necessarily have a clean fit into the applicable law,” Sarah Krissoff, a partner at Day Pitney and a former federal prosecutor, said in an interview before the charges were filed. In early 2021, after Pomerantz joined Vance’s team, he revived the hush [money inquiry under a different theory: if Daniels had been extorting Trump, then the money could be considered criminal proceeds and efforts to conceal that it came from Trump could constitute money laundering](https://www.financedigest.com/working-with-both-human-ai-and-graph-technology-to-combat-money-laundering.html "Working with Both ‘Human’ AI and Graph Technology to Combat Money Laundering"). But Pomerantz wrote that many of his colleagues were skeptical of the idea that Daniels’ request for hush [money amounted to extortion, and he later realized the money laundering](https://www.financedigest.com/anti-money-laundering-mess-how-to-outsmart-villains-by-understanding-their-networks.html "Anti Money Laundering Mess? How to Outsmart Villains by Understanding Their Networks") statute would not be applicable to the situation. “The ‘zombie’ case,” Pomerantz wrote, “went back into the grave.” (Reporting by Luc Cohen in New York; Editing by Noeleen Walder and Howard Goller) --- This blog is powered by Superblog. Visit https://superblog.ai to know more. ---