Case 1:18-cr-00083-TSE Document 153 Filed 07/26/18 Page 1 of 7 PageID# 2255

 

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES OF AMERICA,
Plaintiff,
v.
PAUL J. MANAFORT, JR.,
Defendant.

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Criminal No. 1:18-cr-00083-TSE
Trial Date: July 31, 2018
Judge T.S. Ellis, III

PAUL J. MANAFORT, JR.’S SECOND SUPPLEMENTAL MOTION IN LIMINE
Pursuant to the Court’s order at the hearing on July 23, 2018, Paul J. Manafort, Jr., by and
through counsel, hereby submits the following second supplemental motion in limine in connection
with the jury trial scheduled to commence on July 31, 2018 and asks that the Court preclude
irrelevant, prejudicial and unnecessarily time-consuming evidence or argument concerning Mr.
Manafort’s prior political consulting activities in Ukraine.
As stated in Mr. Manafort’s prior supplemental motion in limine (Doc. 143), the Special
Counsel provided Mr. Manafort with copies of exhibits that the government intends to offer at
trial. In reviewing the proposed exhibits, it is readily apparent that the Special Counsel intends to
offer evidence concerning matters that are irrelevant to this tax and bank fraud trial and, therefore,
this evidence should be precluded at trial. (See Doc. 143 at 3 (the proposed exhibits should be
precluded pursuant to Rules 401 and 402 of the Federal Rules of Evidence)). Moreover, even if
the Special Counsel’s proposed exhibits were relevant, their admission should nevertheless be
barred because their probative value is substantially outweighed by risks of unfair prejudice, issue

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confusion, delay and waste of time. (See id. at 4 (the proposed exhibits should be precluded
pursuant to Rule 403 of the Federal Rules of Evidence)).
In accordance with the Court’s directive at the July 23, 2018 hearing, below is a list of the
Special Counsel’s proposed exhibits (“SC PE”) to which Mr. Manafort moves in limine for
exclusion.


SC PE No. 5. This proposed exhibit is a memorandum regarding campaign messaging for
Ukrainian media outlets. (See Ex. A).



SC PE No. 7. This proposed exhibit is an email that purportedly includes the text of former
Ukrainian president Victor Yanukovych’s election night speech. (See Ex. B).



SC PE No. 8. This proposed exhibit is an email regarding Mr. Yanukovych’s election
victory in Ukraine. (See Ex. C).



SC PE No. 10. This proposed exhibit is an email with attached memorandum regarding
“strategic assumptions”, “key messages”, “advertising themes”, and “the initial message”
for Mr. Yanukovych’s presidential campaign. (See Ex. D).



SC PE No. 11. This proposed exhibit is an email with attached list of “talking points” for
Mr. Yanukovych’s presidential campaign. (See Ex. E).



SC PE No. 12. This proposed exhibit is an email with attached draft survey questions
“about public and economic issues” facing Ukrainian citizens. (See Ex. F).



SC PE No. 13. This proposed exhibit is an email exchange regarding political consulting
work in Ukraine. (See Ex. G).



SC PE No. 14. This proposed exhibit is an email exchange and attached memorandum
outlining the Party of Regions campaign strategy. (See Ex. H).



SC PE No. 15. This proposed exhibit is an email exchange discussing the logistics for
scheduling a campaign conference call. (See Ex. I).



SC PE No. 16. This proposed exhibit is an email exchange and attachment regarding a
third-party consulting agreement with Devine Mulvey Longabaugh, Inc. (See Ex. J).



SC PE No. 17. This proposed exhibit is an email exchange regarding compensation for
third-party consultant’s work on Ukraine campaign. (See Ex. K).

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

SC PE No. 18. This proposed exhibit is an email exchange regarding travel itinerary and
goals for third-party political consultant’s trip to Ukraine. (See Ex. L).



SC PE No. 19. This proposed exhibit is an email and attachment regarding “messages and
talking points [f]or interviews during and after the Party Congress”. (See Ex. M).



SC PE No. 20. This proposed exhibit is a memorandum prepared by a third-party political
consultant regarding a proposal related to upcoming elections in Ukraine, a “draft TV and
radio plan” and the consultant’s “proposed terms for engagement”. (See Ex. N).



SC PE No. 21. This proposed exhibit is another memorandum prepared by a third-party
political consultant regarding a proposal related to upcoming elections in Ukraine, a “draft
TV and radio plan” and the consultant’s “proposed terms for engagement”. (See Ex. O).



SC PE No. 22. This proposed exhibit is memorandum regarding a plan for a television
advertisement promoting the Party of Regions. (See Ex. P).



SC PE No. 25. This proposed exhibit is a memorandum regarding “the initial stages of the
media campaign for the 2012 Ukrainian Parliamentary elections”. (See Ex. Q).



SC PE No. 26. This proposed exhibit is a memorandum regarding the production of
political television advertisements in Ukraine. (See Ex. R).



SC PE No. 27. This proposed exhibit is a memorandum regarding production meetings in
Kyiv related to the production of political television advertisements in Ukraine. (See Ex.
S).



SC PE No. 28. This proposed exhibit is an email exchange regarding strategy for political
advertisements in Ukraine. (See Ex. T).



SC PE No. 29. This proposed exhibit is a memorandum regarding issues related to
Ukrainian film crews. (See Ex. U).



SC PE No. 33A through No. 33C. These proposed exhibits are photographs of Mr.
Yanukovych. During the July 23 hearing before the Court, the Special Counsel explained
that these photographs were made at the direction of Mr. Manafort. Nevertheless, Mr.
Manafort fails to understand how these photographs are probative of any of the charged
offenses in the Superseding Indictment. (See Ex. V).



SC PE No. 40. This proposed exhibit is a copy of the “VY Agenda” for January 15, 2013.
(See Ex. W).



SC PE No. 41. This proposed exhibit is a memorandum regarding “[public relations]
efforts this week in Kyiv”. (See Ex. X).
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

SC PE No. 42. This proposed exhibit is a memorandum regarding the efforts that U.S.based political consultants made on Mr. Yanukovych’s behalf in Ukraine over a three
month period. (See Ex. Y).



SC PE No. 44. This proposed exhibit is a PowerPoint presentation regarding the Ukraine
Opposition Bloc’s campaign strategy and plan. (See Ex. Z).



SC PE No. 45. This proposed exhibit is a memorandum regarding the Ukraine Opposition
Block’s “daily talking points” for September 24, 2014. (See Ex. AA).



SC PE No. 46. This proposed exhibit is a memorandum regarding a plan for campaign
leaflets. (See Ex. BB).



SC PE No. 47. This proposed exhibit is a memorandum regarding the goals for a Party of
Regions political rally. (See Ex. CC).



SC PE No. 60B. This proposed exhibit is a collection of various “Ukraine documents” that
include, inter alia, strategy documents and consultants’ professional biographies. (See Ex.
DD).



SC PE No. 60C. This proposed exhibit is another collection of various documents related
to Mr. Yanukovych’s campaign and the Party of Regions, including, inter alia, draft
political speeches and strategic memoranda. (See Ex. EE).



SC PE No. 60E. This proposed exhibit is a collection of memoranda regarding Ukraine
political strategy. (See Ex. FF).



SC PE No. 339. This proposed exhibit is a list of names, email addresses, and phone
numbers for Davis Manafort’s “Ukraine team” in 2007. (See Ex. GG).



SC PE No. 341. This proposed exhibit is a memorandum regarding an update for Mr.
Yanukovych’s “public affairs activity”. (See Ex. HH).



SC PE No. 342. This proposed exhibit is an email exchange and attachment regarding a
draft political speech. (See Ex. II).



SC PE No. 343. This proposed exhibit is a draft memorandum regarding a political polling
project. (See Ex. JJ).



SC PE No. 344. This proposed exhibit is an email exchange and memorandum regarding
briefing “the international community” with respect to the Ukrainian election process. (See
Ex. KK).

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

SC PE No. 345. This proposed exhibit is an email and memorandum regarding the “[Party
of Regions] Campaign Program at the 2012 parliamentary elections”. (See Ex. LL).



SC PE No. 346. This proposed exhibit is an email and outline regarding the status of Mr.
Yanukovych’s campaign three weeks before the election. (See Ex. MM).



SC PE No. 347. This proposed exhibit is a memorandum regarding the impact of President
Obama’s second term and the newly-elected Congress as they related to Ukrainian politics
and government. (See Ex. NN).



SC PE No. 348. This proposed exhibit is a memorandum regarding how U.S. policy
changes resulting from the 2012 elections will affect Ukraine. (See Ex. OO).



SC PE No. 349. This proposed exhibit is a memorandum regarding the activities of the
Hapsburg team in promoting the Ukrainian government among “EU institutions, EU
leaders and several key member states including France, Germany and Italy.” (See Ex.
PP).



SC PE No. 351. This proposed exhibit is a memorandum regarding “Campaign budget for
national TV/Radio advertising”. (See Ex. QQ).



SC PE No. 352. This proposed exhibit is a memorandum regarding activities of the
Opposition Bloc towards the end of 2014. (See Ex. RR).



SC PE No. 354. This proposed exhibit is a memorandum regarding Mr. Yanukovych’s
strategy during the final week of the presidential campaign. (See Ex. SS).



SC PE No. 357. This proposed exhibit is a copy of minutes from a staff meeting held in
Ukraine. (See Ex. TT).



SC PE No. 358. This proposed exhibit is a memorandum regarding the goals of a trip Mr.
Yanukovych planned to make to the U.S. and his upcoming meetings with U.S. officials.
(See Ex. UU).



SC PE No. 414. This proposed exhibit is an email and memorandum regarding anticipated
questions the news media might ask Mr. Yanukovych on or about his one-hundredth day
as Ukraine’s president. (See Ex. VV).



SC PE No. 415. This proposed exhibit is an email and attachment regarding a “press and
diplomatic package”. (See Ex. WW).



SC PE No. 417. This proposed exhibit is an email and attachments regarding draft
testimonials for political television advertisements in Ukraine. (See Ex. XX).

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

SC PE No. 418. This proposed exhibit is an email and attachments regarding strategic
plans and communications for the mayor of Kyiv. (See Ex. YY).
WHEREFORE, Mr. Manafort respectfully requests that the Court grant his second

supplemental motion in limine.
Dated: July 26, 2018

Respectfully submitted,
s/ Kevin M. Downing
Kevin M. Downing (pro hac vice)
Law Office of Kevin M. Downing
601 New Jersey Avenue NW
Suite 620
Washington, DC 20001
(202) 754-1992
kevindowning@kdowninglaw.com
s/ Thomas E. Zehnle
Thomas E. Zehnle (VSB No. 27755)
Law Office of Thomas E. Zehnle
601 New Jersey Avenue NW
Suite 620
Washington, DC 20001
(202) 368-4668
tezehnle@gmail.com

 

 

 

 

 

s/ Richard W. Westling
Richard W. Westling (pro hac vice)
Epstein Becker & Green, P.C.
1227 25th Street, N.W.
Washington, DC 20037
Tel: 202-861-1868
Fax: 202-296-2882
Email: rwestling@ebglaw.com
s/ Jay R. Nanavati
Jay R. Nanavati (VSB No. 44391)
Kostelanetz & Fink LLP
601 New Jersey Avenue NW
Suite 620
Washington, DC 20001
(202) 875-8000
jnanavati@kflaw.com
Counsel for Defendant Paul J. Manafort, Jr.
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CERTIFICATE OF SERVICE
I hereby certify that on the 26th day of July, 2018, I will electronically file the foregoing
with the Clerk of Court using the CM/ECF system, which will then send a notification of such
filing (NEF) to the following:
Andrew A. Weissman
Greg D. Andres
Uzo Asonye
U.S. Department of Justice
Special Counsel’s Office
950 Pennsylvania Avenue NW
Washington, DC 20530
Telephone: (202) 616-0800
Email: AAW@usdoj.gov
GDA@usdoj.gov
Uzo.Asonye@usdoj.gov
s/ Jay R. Nanavati
Jay R. Nanavati (VSB No. 44391)
Kostelanetz & Fink LLP
601 New Jersey Avenue NW
Suite 620
Washington, DC 20001
(202) 875-8000
jnanavati@kflaw.com
Counsel for Defendant Paul J. Manafort, Jr.

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