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"Manafort's Breach Of Plea Deal Has Been Misunderstood"

By: Robert M. Adler

Partner Bob Adler’s article, “Manafort’s Breach Of Plea Deal Has Been Misunderstood” was featured by Law360 on March 11, 2019.  The article goes into detail on the general public’s misunderstanding of the ruling in the D.C. case regarding Paul Manafort’s breach of his plea agreement, as well as the actual legal reasoning and ramifications of the breach.

Mr. Adler explains that, according to the agreement, if the government had found in good faith that Manafort’s information and testimony was sufficient, they would have filed a motion allowing the court to give Manafort less than the statutory minimum sentence; otherwise, no such motion would be filed, but Manafort’s guilty plea would still stand.  Therefore, contrary to popular opinion, Manafort lost his opportunity for a reduced sentence not because he lied, but rather because Manafort failed to cooperate fully with the Office of Special Counsel, which acted in good faith.  However, Mr. Adler adds, the subsequent finding that Manafort made intentionally false statements had separate significance, as the sentencing guidelines allow his offense level to be increased as a result.
The full article is available here (paid subscription required).

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