If the Parallels between the Mafia and the Trump Organization are Striking? Then, Rudy Giuliani Perfected the #RICO Template for Prosecuting Organized Crime #SDNYInvestigation

Any onetime Mafia investigator who listened to Donald Trump “fixer” Michael Cohen testify Wednesday would have immediately recognized the congressional hearing’s historical analogue — what America witnessed on Capitol Hill wasn’t so much John Dean turning on President Richard Nixon, circa 1973; it was the mobster Joseph Valachi turning on the Cosa Nostra, circa 1963.

The Valachi hearings, led by Senator John McClellan of Arkansas, opened the country’s eyes for the first time to the Mafia, as the witness broke “omertà” — the code of silence — to speak in public about “this thing of ours,” Cosa Nostra. He explained just how “organized” organized crime actually was — with soldiers, capos, godfathers and even the “Commission,” the governing body of the various Mafia families.

Fighting the Mafia posed a uniquely hard challenge for investigators. Mafia families were involved in numerous distinct crimes and schemes, over yearslong periods, all for the clear benefit of its leadership, but those very leaders were tough to prosecute because they were rarely involved in the day-to-day crime. They spoke in their own code, rarely directly ordering a lieutenant to do something illegal, but instead offering oblique instructions or expressing general wishes that their lieutenants simply knew how to translate into action.

Those explosive — and arresting — hearings led to the 1970 passage of the Racketeer Influenced and Corrupt Organizations Act, better known as RICO, a law designed to allow prosecutors to go after enterprises that engaged in extended, organized criminality. RICO laid out certain “predicate” crimes — those that prosecutors could use to stitch together evidence of a corrupt organization and then go after everyone involved in the organization as part of an organized conspiracy. While the headline-grabbing RICO “predicates” were violent crimes like murder, kidnapping, arson and robbery, the statute also focused on crimes like fraud, obstruction of justice, money laundering and even aiding or abetting illegal immigration.

It took prosecutors a while to figure out how to use RICO effectively, but by the mid-1980s, federal investigators in the Southern District of New York were hitting their stride under none other than the crusading United States attorney Rudy Giuliani, who as the head of the Southern District brought charges in 1985 against the heads of the city’s five dominant Mafia families.

Ever since, S.D.N.Y. prosecutors and F.B.I. agents have been the nation’s gold standard in RICO prosecutions — a fact that makes clear precisely why, after Mr. Cohen’s testimony, President Trump’s greatest legal jeopardy may not be in the investigation by the special counsel, Robert Mueller.

What lawmakers heard Wednesday sounded a lot like a racketeering enterprise: an organization with a few key players and numerous overlapping crimes — not just one conspiracy, but many. Even leaving aside any questions about the Mueller investigation and the 2016 campaign, Mr. Cohen leveled allegations that sounded like bank fraud, charity fraud and tax fraud, as well as hints of insurance fraud, obstruction of justice and suborning perjury.

The parallels between the Mafia and the Trump Organization are more than we might like to admit: After all, Mr. Cohen was labeled a “rat” by President Trump last year for agreeing to cooperate with investigators; interestingly, in the language of crime, “rats” generally aren’t seen as liars. They’re “rats” precisely because they turn state’s evidence and tell the truth, spilling the secrets of a criminal organization.

Mr. Cohen was clear about the rot at the center of his former employer: “Everybody’s job at the Trump Organization is to protect Mr. Trump. Every day most of us knew we were coming and we were going to lie for him about something. That became the norm.”

RICO was precisely designed to catch the godfathers and bosses at the top of these crime syndicates — people a step or two removed from the actual crimes committed, those whose will is made real, even without a direct order.

Exactly, it appears, as Mr. Trump did at the top of his family business: “Mr. Trump did not directly tell me to lie to Congress. That’s not how he operates,” Mr. Cohen said. Mr. Trump, Mr. Cohen said, “doesn’t give orders. He speaks in code. And I understand that code.”

What’s notable about Mr. Cohen’s comments is how they paint a consistent (and credible) pattern of Mr. Trump’s behavior: The former F.B.I. director James Comey, in testimony nearly two years ago in the wake of his firing, made almost exactly the same point and used almost exactly the same language. Mr. Trump never directly ordered him to drop the Flynn investigation, Mr. Comey said, but he made it all too clear what he wanted — the president isolated Mr. Comey, with no other ears around, and then said he hoped Mr. Comey “can let this go.” As Mr. Comey said, “I took it as, this is what he wants me to do.” He cited in his testimony then the famous example of King Henry II’s saying, “Will no one rid me of this turbulent priest?,” a question that resulted in the murder of that very meddlesome priest, Thomas Becket.

The sheer number and breadth of the investigations into Mr. Trump’s orbit these days indicates how vulnerable the president’s family business would be to just this type of prosecution. In December, I counted 17, and since then, investigators have started an inquiry into undocumented workers at Mr. Trump’s New Jersey golf course, another crime that could be a RICO predicate; Mr. Cohen’s public testimony itself, where he certainly laid out enough evidence and bread crumbs for prosecutors to verify his allegations, mentioned enough criminal activity to build a racketeering case. Moreover, RICO allows prosecutors to wrap 10 years of racketeering activity into a single set of charges, which is to say, almost precisely the length of time — a decade — that Michael Cohen would have unparalleled insight into Mr. Trump’s operations. Similarly, many Mafia cases end up being built on wiretaps — just like, for instance, the perhaps 100 recordings Mr. Cohen says he made of people during his tenure working for Mr. Trump, recordings that federal investigators are surely poring over as part of the 290,000 documents and files they seized in their April raid last year.

Indicting the whole Trump Organization as a “corrupt enterprise” could also help prosecutors address the thorny question of whether the president can be indicted in office; they could lay out a whole pattern of criminal activity, indict numerous players — including perhaps Trump family members — and leave the president himself as a named, unindicted co-conspirator. Such an action would allow investigators to make public all the known activity for Congress and the public to consider as part of impeachment hearings or re-election. It would also activate powerful forfeiture tools for prosecutors that could allow them to seize the Trump Organization’s assets and cut off its income streams.

The irony will be that if federal prosecutors decide to move against President Trump’s empire and family together, he’ll have one man’s model to thank: his own TV lawyer, Rudy Giuliani, who perfected the template to tackle precisely that type of criminal enterprise.

Thanks to Garrett M. Graff.

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American Capitalism Made Donald Trump, Not the Mafia

President Trump’s ruminations after the criminal conviction of his former campaign manager Paul Manafort and the guilty plea entered by his former personal attorney Michael Cohen have been likened to that of a mafia boss. “With Mob-Tinged Vocabulary, President Evokes His Native New York” read The New York Times White House memo headline Friday.

No doubt, Trump’s references to “rats” and former insiders “flipping” on him creates the sense he orbits in a solar system of self-interest, outside the bounds of our criminal justice system that’s defined by absolute values of right and wrong. But Trump’s amoral alignment that has him flying "above the law" is not just one we can ascribe to organized crime but to how we police American capitalism itself.

This is no trivial matter, since Trump is the first President that has been bestowed upon our republic by the business world and with the ever-exploding costs of campaigns, certainly likely not to be the last. And it is easy to understand from Trump’s previous brushes with law enforcement how he would now come away annoyed with how he and his associates are being treated.

For up until now, Trump’s battles with the government as a businessman were ones that were civil in nature, where government agencies like the Federal Trade Commission or the Security Exchange Commission made allegations, and his lawyers negotiated a resolution with Trump, perhaps paying a fine, but with Trump not having to admit any wrongdoing.

This regulatory deference to capital, corporations and the people who run them is baked into our system and repeatedly comes to the rescue of serial offenders like Wells Fargo and Goldman Sachs, who have ruthlessly preyed upon the public, paid their fines and gone on to prosper.

Even though these laws often have criminal penalties attached to them, they are rarely invoked. By the time the former government regulators-turned pricey white-collar defense lawyers get done, the penalties are hardly a speed bump.

Shoplifters trying to score dinner go to jail. But if your heist is really, really big like millions of foreclosed homes, our politicians go golfing with you and ask you for campaign cash. The bigger you think, the greedier your ambition, and the bigger your bank account, the more our jurisprudence has your back.

Back in 2002 the SEC issued a cease and desist order against Trump’s Trump Hotels & Casino Resorts Inc. for issuing a “fraudulent” press release that gave the public and investors the “false and misleading impression that his company had exceeded earning expectations through operational improvements, when in fact it had not.”

“Trump Hotels consented to the issuance of the Commission’s order without admitting or denying the Commission’s findings,” the SEC said in a press release. “The Commission also found that Trump Hotels, through the conduct of its chief executive officer, its chief financial officer and its treasurer, violated the antifraud provisions of the Securities Exchange Act by knowingly or recklessly issuing a materially misleading press release.”

There was no fine, just whatever punishment the markets might exact in how it priced the stock.

At the time of the alleged violations, Trump was chairman of the company. He issued a statement that he had “great respect for" the SEC and its chairman, Harvey Pitt and that he was “very happy that this all worked out."

It was all very civil.

Back in the summer of 1986, Trump ran afoul of the Hart-Scott-Rodino Antitrust Improvement Act, which requires the disclosure of mergers or acquisitions to the Federal Trade Commission and the Department of Justice so those agencies can insure the transactions will not negatively impact national commerce or have anti-trust implications.

In 1988 the FTC charged that “in two separate transactions, Trump acquired stock in Holiday Corp. and Bally Manufacturing Corp. through Bear Stearns in an amount well beyond the dollar threshold at which he should have filed pre-merger notifications with the FTC and DOJ. Trump eventually made the appropriate filings but not within the time frame established by the HSR Act.”

Trump paid a $750,000 fine, but of course the FTC press release had the business boilerplate, “This judgment is for settlement purposes only and does not constitute an admission by Trump that he violated the law.”

"I firmly believe that I was in full compliance with the Hart, Scott, Rodino Act reporting requirements,’’ Trump said in a statement, adding he only agreed to the settlement ''to avoid protracted litigation with the Federal Government over a highly technical disagreement between the F.T.C. and the business community.''

Generations of enabling American corporations and characters like Donald Trump to get away with their self-dealing has left us with vast wealth and income inequality that only grows wider.

They bought the law, so there is no great equalizer.

No, we can’t blame Donald Trump on the mafia. He is a product of no-holds barred American capitalism where the law is only for the unincorporated little people.

Thanks to Bob Hennelly.

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As 2 of His Most Trusted Advisors Face Jail Time, Some Say @RealDonaldTrump Sounds Like Crime Family Mob Boss John Gotti

Following the conviction of two of his top lieutenants, Donald Trump has adopted the gangster parlance of another New Yorker famously terrorized by Robert Mueller: John Gotti. “I know all about flipping, for 30, 40 years, I’ve been watching flippers,” Trump explained in an interview with Fox News that aired Thursday, referring to the deal his former lawyer and fixer, Michael Cohen, cut with federal prosecutors this week. “If you can say something bad about Donald Trump and you will go down to two years or three years, which is the deal he made, in all fairness to him, most people are going to do that,” he told Fox host Ainsley Earhardt, who appeared to be trying her best to maneuver the president toward more advantageous talking points. Instead, Trump lashed out again and again at those he has described as “rats” for speaking with federal law-enforcement officers about the conduct they witnessed in the course of his 2016 campaign.

If the White House was at all concerned about the president of the United States emulating La Cosa Nostra, they did nothing to stop Trump from happily publicizing his remarks on Twitter, where he shared multiple clips from the interview. In perhaps the most revealing moment, he suggested that cooperating with prosecutors should itself be made a crime—and that anything his former associates are telling Mueller about him are lies to save their own skin. “I have seen it many times,” he continued, leaning in toward Earhardt. “I have had many friends involved in this stuff. It’s called flipping, and it almost ought to be illegal.”

Trump’s casual admission that he has had “many friends” involved in flipping, or being flipped on themselves, is the sort of thing that would, in another era, shock Republicans and generate weeks of controversy. Instead, party leaders are largely excusing the president’s criminal idiom as just more locker-room talk. “Eight years ago to 10 years ago, Trump was not what I consider to be a pillar of virtue,” Orrin Hatch, the second-highest-ranking official of the U.S. Senate, told The New York Times on Wednesday, after Cohen testified that Trump had directed him to break the law by facilitating hush-money payments to two women who allege they had affairs with the future president. “I think most people in this country realize that Donald Trump comes from a different world. He comes from New York City, he comes from a slam-bang, difficult world.” Trump’s prolonged campaign to tar the Justice Department (often with sarcastic quotation marks around the word “Justice”) has itself been tacitly adopted by all but a few outspoken G.O.P. leaders.

On the campaign trail, Trump’s rough reputation as a brash Manhattan real-estate magnate was part of his appeal. More recently, however, the seedier side of his playboy lifestyle has overwhelmed the gilded facade: associations with criminals and con men, payoffs to women, out-of-court settlements, non-disclosure agreements. Trump’s hard-core fan base appears to be giving him a pass—the interview with Earhardt itself epitomized the casual indifference with which Fox News has treated the majority of the president’s scandals. Trump’s allies in Congress, however, sound increasingly worried that the appearance of criminality surrounding the president’s inner circle—and his tacit support of their behavior—will hurt the party’s chances of holding onto the House in November. The Times reports that “Publicly and privately, Republicans conceded that the guilty pleas did not look good and were not optimal heading into the midterm election—especially as the party struggles to keep its hold on the House.”

Still, as the Times notes, Republican lawmakers aren’t doing much about the convictions, or Trump’s Goodfellas-inspired response, other than to distance themselves from his most overt indulgence of white-collar crime. (On Wednesday, Trump called Manafort “brave” for refusing to “break” under pressure.) “It is bad news for the country, bad news for these people involved who either pled or were found guilty,” Senator Richard Shelby of Alabama told the Times, but said he didn’t want to get too involved while he focused on appropriation bills: “I don’t know other than what I read and see.” Senator Lindsey Graham described his “No. 1 goal right now” as to “keep doing my day job” and let Mueller do his.

For now, Republicans are pinning their hopes on the ability of the Trump-media industrial complex, namely Fox News, to keep the heat off Trump while helping to discredit Mueller’s investigation into the president. Trump himself seems to be betting on the booming economy as a firewall in November. “I don’t know how you can impeach somebody who’s done a great job,” Trump told Earhardt. If he were impeached, he argued, “Everybody would be very poor.” But the president’s habit of talking like a mafioso isn’t doing the party any favors. When asked Thursday whether he agreed with Trump that flipping should be illegal, Texas Senator John Cornyn—a former state Supreme Court justice and attorney general—perfectly encapsulated how the G.O.P. has found itself boxed in by the president’s “slam-bang” understanding of law and order. “Uh, I have to think about that a little more,” Cornyn told reporters on Capitol Hill. “That’s uh—I’ve never heard that argument before.

Thanks to Tina Nguyen.

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History of Michael Cohen's Criminal Ties #RussianMafia

Michael Cohen, President Trump's long-time lawyer and personal "pit bull," was brought to heel when federal agents raided his office in Manhattan's Rockefeller Center. The U.S. Attorney's office in Manhattan, acting on a referral from Special Counsel Robert Mueller, is investigating Cohen for possible bank fraud and campaign finance violations that stem, at least in part, from a $130,000 payment Trump's attorney made to hush up a porn star who says she slept with the president. ("I will always protect Mr. Trump," Cohen said.) Meanwhile, Mueller is investigating a $150,000 "donation" that Cohen arranged for Trump's foundation in 2015 from a Ukrainian billionaire named Victor Pinchuk. "Attorney-client privilege is dead!" Trump tweeted. It's not dead, but the raid on Cohen's home, office and swanky Park Avenue hotel room is an extraordinary step that underscores his decade-long role as Trump's heavy, fixer and connector.

Cohen joined the Trump Organization in 2006, and eventually became Trump's personal lawyer, a role once occupied by Roy Cohn, Senator Joseph McCarthy's heavy-lidded hatchet man during the Red Scare who advised Trump in the 1980s. Michael Cohen's bare-knuckled tactics earned him the nickname of "Tom," a reference to Tom Hagen, the consigliore to Mafia Don Vito Corleone in The Godfather. He grew up on Long Island, the son of a physician who survived the Holocaust in Poland, and like Tom Hagen spent a childhood around organized crime, specifically the Russian Mafia. Cohen's uncle, Morton Levine, was a wealthy Brooklyn doctor who owned the El Caribe Country Club, a Brooklyn catering hall and event space that was a well-known hangout for Russian gangsters. Cohen and his siblings all had ownership stakes in the club, which rented for years to the first Mafiya boss of Brighton Beach, Evsei Agron, along with his successors, Marat Balagula and Boris Nayfeld. (Cohen's uncle said his nephew gave up his stake in the club after Trump's election.)

I spoke to two former federal investigators who told me Cohen was introduced to Donald Trump by his father-in-law, Fima Shusterman, a naturalized U.S. citizen from Ukraine who arrived in the U.S. in 1975. Shusterman was in the garment business and owned a fleet of taxicabs with his partners, Shalva Botier and Edward Zubok – all three men were convicted of a money-laundering related offense in 1993. "Fima may have been a (possibly silent) business partner with Trump, perhaps even used as a conduit for Russian investors in Trump properties and other ventures," a former federal investigator told me. "Cohen, who married into the family, was given the job with the Trump Org as a favor to Shusterman." ("Untrue," Cohen told me. "Your source is creating fake news.")

Shusterman, who owned at least four New York taxi companies, also set his son-in-law up in the yellow cab business. Cohen once ran 260 yellow cabs with his Ukrainian-born partner, the "taxi king" Simon V. Garber, until their partnership ended acrimoniously in 2012. Glenn Simpson, the private investigator who was independently hired to examine Trump's Russia connections during the real estate mogul's presidential run, testified before the House Intelligence Committee that Cohen "had a lot of connections to the former Soviet Union, and that he seemed to have associations with organized crime figures in New York and Florida – Russian organized crime figures," including Garber.

A curious episode in Cohen's life came in 1999 when he received a $350,000 check from a professional hockey player named Vladimir Malakhov, who was then playing for the NHL's Montreal Canadiens. According to Malakhov, the check was a loan to a friend. The friend, however, swore in an affidavit that she never received the money and never even knew the check had been written until it was discovered years later in a Florida lawsuit. So what happened to the money? One interesting lead was an incident involving Malakhov, who was approached in Brighton Beach and shaken down for money by a man who worked for the Russian crime boss, Vyacheslav Ivankov. "Malakhov spent the next months in fear, looking over his shoulder to see if he was being followed, avoiding restaurants and clubs where Russian criminals hang out," according to testimony an unnamed Russian criminal gave to the U.S. Senate in 1996. Cohen, who said he didn't know Malakhov or anyone else in the case, offered his own theories as to the origin and fate of the check in a 2007 deposition with Malakhov's attorneys.

Q. You don't recall why this check was written to you for $350,000 in 1999 and how these funds left your trust account in any way, shape or form?

A: Clearly Vladimir Malakhov had to have known somebody who I was affiliated to and the only person I can—and I mentioned my partner's name, Simon Garber, who happens also to be Russian.

Regardless of what he did or didn't know Cohen was able to purchase a $1 million condo at Trump World Tower in 2001, persuading his parents, his Ukrainian in-laws and Garber to do the same in other Trump buildings. Cohen's in-laws Fima and Ania Shusterman bought three units in Trump World Tower worth a combined $7.66 million (one of which was rented to Jocelyn Wildenstein, the socialite known as "Catwoman" for undergoing extreme facial plastic surgery to please her cat-loving husband). Cohen later purchased a nearly $5 million unit in Trump Park Avenue. In a five-year period, he and people connected to him would purchase Trump properties worth $17.3 million. All the frenzied buying by Cohen and his family caught the attention of the New York Post, often described as Trump's favorite newspaper. "Michael Cohen has a great insight into the real-estate market," Trump told a reporter in 2007. "He has invested in my buildings because he likes to make money – and he does." Trump added, "In short, he's a very smart person."

During Trump's presidential run, reporters noticed a curious thing about Cohen. Questions about Trump's business or his taxes went to his chief legal officer or another staffer, but Cohen handled questions about Russia. "One of the things that we learned that caught my interest," Simpson testified to Congress in November 2017, "serious questions about Donald Trump's activities in Russia and the former Soviet Union went to Michael Cohen, and that he was the only person who had information on that subject or was in a position to answer those questions."

In the 1990s, there was an informal group of federal and local law enforcement agents investigating the Russian Mafiya in New York that called themselves "Red Star." They shared information they learned from informants. It was well known among the members of Red Star that Cohen's father-in-law was funneling money into Trump ventures. Several sources have told me that Cohen was one of several attorneys who helped money launderers purchase apartments in a development in Sunny Isles Beach, a seaside Florida town just north of Miami. This was an informal arrangement passed word-of-mouth: "We have heard from Russian sources that … in Florida, Cohen and other lawyers acted as a conduit for money."

A year after Trump World Tower opened in 2002, Trump had agreed to let Miami father-and-son developers Gil and Michael Dezer use his name on what ultimately became six Sunny Isles Beach condominium towers, which drew in new moneyed Russians all too eager to pay millions. "Russians love the Trump brand," said Gil Dezer, who added that Russians and Russian-Americans bought some 200 of the 2,000 or so units in Trump buildings he built. A seventh Trump-branded hotel tower built up Sunny Isles into what ostensibly has become a South Florida Brighton Beach.

An investigation by Reuters found that at least 63 individuals with Russian passports or addresses have bought at least $98.4 million worth of property in the seven Trump-branded luxury towers. And that was a conservative estimate. At least 703 – or about one-third – of the 2044 units were owned by limited liability companies, or LLCs, which could conceal the property's true owner. Executives from Gazprom and other Russian natural resource giants also owned units in Trump's Sunny Isles towers. In an observation that several people I spoke with echoed, Kenneth McCallion, a former prosecutor who tracked the flows of Russian criminal money into Trump's properties, told me, "Trump's genius – or evil genius – was, instead of Russian criminal money being passive, incidental income, it became a central part of his business plan." McCallion continued, "It's not called 'Little Moscow' for nothing. The street signs are in Russian. But his towers there were built specifically for the Russian middle-class criminal."

Cohen joined the Trump Organization around the time that the second Sunny Isles tower was being built. A few years earlier, he had invested $1.5 million in a short-lived Miami-based casino boat venture run by his two Ukrainian business partners, Arkady Vaygensberg and Leonid Tatarchuk. Only three months after its maiden voyage, it would become the subject of a large fraud investigation. But Cohen was saved from his bad investment by none other than Trump himself, who hired Cohen as an attorney just before his casino ship sank. A source who investigated Cohen's connections to Russia told me, "Say you want to get money into the country and maybe you're a bit suspect. The Trump organization used lawyers to allow people to get money into the country."

Residents at Sunny Isles included people like Vladimir Popovyan, who paid $1.17 million for a three-bedroom condo in 2013. Forbes Russia described Popovyan as a friend and associate of Rafael Samurgashev, a former championship wrestler who ran a criminal group in Rostov-on-Don in southeastern Russia. Peter Kiritchenko, a Ukrainian businessman arrested on fraud charges in San Francisco in 1999, and his daughter owned two units at Trump Towers in Sunny Isles Beach worth $2.56 million. (Kiritchenko testified against a corrupt former Ukrainian prime minister who was convicted in 2004 of money laundering.) Other owners of Trump condos in Sunny Isles include members of a Russian-American organized crime group that ran a sports betting ring out of Trump Tower, which catered to wealthy oligarchs from the former Soviet Union. Michael Barukhin, who was convicted in a massive scheme to defraud auto insurers with phony claims, lived out of a Trump condo that was registered to a limited liability corporation.

Selling units from the lobby of the Trump International Beach Resort in Sunny Isles was Baronoff Realty. Elena Baronoff, who died of cancer in 2015, was the exclusive sales agent for three Trump-branded towers. Glenn Simpson, who spent a year investigating Trump's background during the campaign, testified before the House Intelligence Committee that Baronoff was a "suspected organized crime figure."

An Uzbek immigrant who arrived in the United States as a cultural attaché in public diplomacy from the Soviet Union, Baronoff became such a well-known figure in Sunny Isles Beach that she was named the international ambassador for the community. Baronoff accompanied Trump's children on a trip to Russia in the winter of 2007–2008, posing for a photo in Moscow with Ivanka and Eric Trump and developer Michael Dezer. Also in the photo, curiously, was a man named Michael Babel, a former senior executive of a property firm owned by Oleg Deripaska, the Russian metals tycoon Paul Manafort allegedly offered personal updates on Trump's presidential campaign. Babel later fled Russia to evade fraud charges.

Baronoff had interesting connections to Sicily. She reportedly met her friend, the Russian foreign minister Sergey Lavrov, there. Baronoff was also close with Dino Papale, a local businessman, who described himself to The New York Times as "president of Trump's Sicilian fan club," while sporting a red "Make America Great Again" cap. Days after Trump's election in November, the local newspaper, La Sicilia, quoted Papale at length describing Trump's secret visit to the island in 2013. Papale hinted that he organized meetings between Trump and Russians.

Michael Cohen's in-laws, the Shustermans, also bought real estate in Sunny Isles. The development was paying off. Trump's oldest son, Don Jr., would later note, "We see a lot of money pouring in from Russia." There is no question Trump owed his comeback in large part to wealthy Russian expatriates.

Cohen and Felix Sater have known each other for nearly 30 years. They met in Brighton Beach when Cohen started dating his future wife, Shusterman's daughter, Laura, who Sater says he knew from the neighborhood. When Cohen joined the Trump organization, Sater had become a fixture in the office. Sater was developing Trump SoHo, a hotel-condo in lower Manhattan that later would be consumed by scandal, and had earned Trump's trust. Trump asked him to look after his children, Ivanka and Don Jr., on a 2006 visit to Moscow. (It was during the Moscow trip that Sater used his Kremlin connections to impress Trump's daughter. Sater would later boast: "I arranged for Ivanka to sit in Putin's private chair at his desk and office in the Kremlin.") When Sater's criminal past was exposed in The New York Times, Trump suddenly looked and acted like a man with something to hide. Despite laying claim to "one of the great memories of all time," he seemed to be having trouble recollecting who Sater was. "Felix Sater, boy, I have to even think about it," Trump told The Associated Press in 2015. "I'm not that familiar with him." Sater flatly contradicted Trump's version of their relationship. In a little-noticed interview with a Russian publication, Snob, Sater was asked if his criminal past was a problem for Trump. "No, it was not. He makes his own decision regarding each and every individual."

In the midst of Trump's presidential run, Sater was shopping a deal to build a Trump World Tower Moscow. Between September 2015 and January 2016, Sater tried to broker a deal for a Moscow company called IC Expert Investment Company. (Sater worked for IC Expert's owner, Andrei Rozov, after he left Bayrock.) Trump signed a letter of intent in October with IC Expert Investment for a Moscow hotel-condo with the option for a "Spa by Ivanka Trump." Providing financing was VTB, a Russian bank subject to U.S. sanctions. Sater's contact at the Trump Organization was his old friend, Trump's lawyer, Michael Cohen. In mid-January, Sater urged Cohen to send an email to Dmitry Peskov, Vladimir Putin's press secretary, "since the proposal would require approvals within the Russian government that had not been issued." Cohen sent the email, got no reply, and said he abandoned the proposal two weeks later.

What Cohen called his old friend's "colorful language" attracted attention from congressional investigators and Special Counsel Robert Mueller's office: "Michael I arranged for Ivanka to sit in Putins private chair at his desk and office in the Kremlin," Sater emailed Cohen in November 2015. "I will get Putin on this program and we will get Donald elected. We both know no one else knows how to pull this off without stupidity or greed getting in the way. I know how to play it and we will get this done. Buddy our boy can become President of the USA and we can engineer. I will get all of Putins team to buy in on this."

Sater gave an unsatisfactory answer to BuzzFeed about why he wrote this email. "If a deal can get done and I could make money and he could look like a statesman, what the fuck is the downside, right?"

Shortly after Trump took office, Sater teamed up with Cohen to submit a Ukrainian peace plan to then national security advisor Michael Flynn that would have opened the door to lifting sanctions on Russia. What happened to the plan? The lawyer at first told The New York Times that he left the plan in Flynn's office. Then, after the story became an embarrassment, he called the Times story "fake news" and claimed he pitched the plan into the trash.

Cohen has always acted to protect Trump, and he likely believed that he could always rely on the impenetrable shield of attorney-client privilege. Arguably, no one who has worked with Trump over the past decade knows more about the president's past business dealings in Russia and elsewhere abroad than Cohen. Now that prosecutors have him in their sights, here's the question: Will Cohen's shield, now broken, become a sword?

Thanks to Seth Hettena.

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