Case Document 525-1 Filed 02/23/19 Page 1 of 246 ATTACHMENT A Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 12 of of 38 246 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v. PAUL J. MANAFORT, JR., Defendant. * * CRIMINAL NO. 17-201-1 (ABJ)(S-5) * * Violations: 18 U.S.C. § 371 * * * * * ******* SUPERSEDING CRIMINAL INFORMATION The Special Counsel informs the Court: 1. PAUL J. MANAFORT, JR. (MANAFORT) served for years as a political consultant and lobbyist. Between at least 2006 and 2015, MANAFORT conspired with Richard W. Gates (Gates), Konstantin Kilimnik (Kilimnik), and others to act, and acted, as unregistered agents of a foreign government and political party. Specifically, MANAFORT conspired to act and acted as an agent of the Government of Ukraine, the Party of Regions (a Ukrainian political party whose leader Victor Yanukovych was President from 2010 to 2014), President Yanukovych, and the Opposition Bloc (a successor to the Party of Regions that formed in 2014 when Yanukovych fled to Russia). MANAFORT generated more than 60 million dollars in income as a result of his Ukraine work. In order to hide Ukraine payments from United States authorities, from approximately 2006 through at least 2016, MANAFORT, with the assistance of Gates and Kilimnik, laundered the money through scores of United States and foreign corporations, partnerships, and bank accounts. 2. In furtherance of the scheme, MANAFORT funneled millions of dollars in payments into 1 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 23 of of 38 246 foreign nominee companies and bank accounts, opened by him and his underlings in nominee names and in various foreign countries, including Cyprus, Saint Vincent & the Grenadines (Grenadines), and the United Kingdom. MANAFORT hid the existence of the foreign companies and bank accounts, falsely and repeatedly reporting to his tax preparers and to the United States that he had no foreign bank accounts. 3. In furtherance of the scheme, MANAFORT concealed from the United States his work as an agent of, and millions of dollars in payments from, Ukraine and its political parties and leaders. Because MANAFORT directed a campaign to lobby United States officials and the United States media on behalf of the Government of Ukraine, the President of Ukraine, and Ukrainian political parties, he was required by law to report to the United States his work and fees. MANAFORT did not do so, either for himself or any of his companies. Instead, when the Department of Justice sent inquiries to MANAFORT in 2016 about his activities, MANAFORT responded with a series of false and misleading statements. 4. In furtherance of the scheme, MANAFORT used his hidden overseas wealth to enjoy a lavish lifestyle in the United States, without paying taxes on that income. MANAFORT, without reporting the income to his bookkeeper or tax preparers or to the United States, spent millions of dollars on luxury goods and services for himself and his extended family through payments wired from offshore nominee accounts to United States vendors. MANAFORT also used these offshore accounts to purchase multi-million dollar properties in the United States. Manafort then borrowed millions of dollars in loans using these properties as collateral, thereby obtaining cash in the United States without reporting and paying taxes on the income. In order to increase the amount of money he could access in the United States, Manafort defrauded the institutions that loaned money on 2 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 34 of of 38 246 these properties so that they would lend him more money at more favorable rates than he would otherwise be able to obtain. 5. Manafort laundered more than $30 million to buy property, goods, and services in the United States, income that he concealed from the United States Treasury, the Department of Justice, and others. MANAFORT cheated the United States out of over $15 million in taxes. Relevant Individuals And Entities 6. MANAFORT was a United States citizen. He resided in homes in Virginia, Florida, and Long Island, New York. 7. In 2005, MANAFORT and another partner created Davis Manafort Partners, Inc. (DMP) to engage principally in political consulting. DMP had staff in the United States, Ukraine, and Russia. In 2011, MANAFORT created DMP International, LLC (DMI) to engage in work for foreign clients, in particular political consulting, lobbying, and public relations for the Government of Ukraine, the Party of Regions, and members of the Party of Regions. DMI was a partnership solely owned by MANAFORT and his spouse. Gates and Kilimnik worked for both DMP and DMI and served as close confidants of MANAFORT. 8. The Party of Regions was a pro-Russia political party in Ukraine. Beginning in approximately 2006, it retained MANAFORT, through DMP and then DMI, to advance its interests in Ukraine, including the election of its slate of candidates. In 2010, its candidate for President, Yanukovych, was elected President of Ukraine. In 2014, Yanukovych fled Ukraine for Russia in the wake of popular protests of widespread governmental corruption. Yanukovych, the Party of Regions, and the Government of Ukraine were Manafort, DMP, and DMI clients. 9. The European Centre for a Modern Ukraine (the Centre) was created in or about 2012 in 3 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 45 of of 38 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 56 of of 38 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 67 of of 38 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 78 of of 38 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 89 of of 38 246 Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJDocument Document 525-1 419 Filed Filed 02/23/19 09/14/18 Page Page 10 9 ofof38 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 10 11 of of 38 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 11 12 of of 38 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 12 13 of of 38 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 13 14 of of 38 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 14 15 of of 38 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 15 16 of of 38 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 16 17 of of 38 246 MANAFORT’s Hiding Of Ukraine Lobbying And Public Relations Work 17. MANAFORT knew it was illegal to lobby government officials and engage in public relations activities (hereinafter collectively referred to as lobbying) in the United States on behalf of a foreign government or political party, without registering with the United States Government under the Foreign Agents Registration Act. MANAFORT knew he was lobbying in the United States for the Government of Ukraine, President Viktor F. Yanukovych, the Party of Regions, and the Opposition Bloc (the latter two being political parties in Ukraine), and thus he was supposed to submit a written registration statement to the United States Department of Justice. MANAFORT knew that the filing was required to disclose the name of the foreign country, all the financial payments to the lobbyist, and the specific steps undertaken for the foreign country in the United States, among other information. 18. MANAFORT knew that Ukraine had a strong interest in the United States’ taking economic and policy positions favorable to Ukraine, including not imposing sanctions on Ukraine. MANAFORT also knew that the trial and treatment of President Yanukovych’s political rival, former Prime Minister Yulia Tymoshenko, was strongly condemned by leading United States executive and legislative branch officials, and was a major hurdle to improving United States and Ukraine relations. 19. From 2006 until 2015, MANAFORT led a multi-million dollar lobbying campaign in the United States at the direction of the Government of Ukraine, President Yanukovych, the Party of Regions, and the Opposition Bloc. MANAFORT intentionally did so without registering and providing the disclosures required by law. 20. As part of the lobbying scheme, MANAFORT hired numerous firms and people to assist in 16 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 17 18 of of 38 246 his lobbying campaign in the United States. He hired Companies A, B, C, D, and E, and Law Firm A, among others, to participate in what he described to President Yanukovych in writing as a global “Engage Ukraine” lobbying campaign that he devised and led. These companies and law firm were paid the equivalent of over $11 million for their Ukraine work. 21. MANAFORT viewed secrecy for himself and for the actions of his lobbyists as integral to the effectiveness of the lobbying offensive he orchestrated for Ukraine. Filing under the Foreign Agents Registration Act would have thwarted the secrecy MANAFORT sought in order to conduct an effective campaign for Ukraine to influence both American leaders and the American public. 22. MANAFORT took steps to avoid any of these firms and people disclosing their lobbying efforts under the Foreign Agents Registration Act. As one example, even though MANAFORT engaged Company E in 2007 to lobby in the United States for the Government of Ukraine, MANAFORT tried to dissuade Company E from filing under the Foreign Agents Registration Act. Only after MANAFORT ceased to use Company E in the fall of 2007 did Company E disclose its work for Ukraine, in a belated filing under the Act in 2008. 23. MANAFORT took other measures to keep the Ukraine lobbying as secret as possible. For example, MANAFORT, in written communications on or about May 16, 2013, directed his lobbyists (including Persons D1 and D2, who worked for Company D) to write and disseminate within the United States news stories that alleged that Tymoshenko had paid for the murder of a Ukrainian official. MANAFORT stated that it should be “push[ed]” “[w]ith no fingerprints.” “It is very important we have no connection.” MANAFORT stated that “[m]y goal is to plant some stink on Tymo.” Person D1 objected to the plan, but ultimately Persons D1 and D2 complied with MANAFORT’s direction. The Foreign Agents Registration Act required MANAFORT to disclose 17 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 18 19 of of 38 246 such lobbying, as MANAFORT knew. He did not. The Hapsburg Group and Company D 24. As part of the lobbying scheme, starting in 2011, MANAFORT secretly retained Company D and a group of four former European heads of state and senior officials (including a former Austrian Chancellor, Italian Prime Minister, and Polish President) to lobby in the United States and Europe on behalf of Ukraine. The former politicians, called the Hapsburg Group by MANAFORT, appeared to be providing solely their independent assessments of Government of Ukraine policies, when in fact they were paid by Ukraine. MANAFORT explained in an “EYES ONLY” memorandum in or about June 2012 that his purpose was to “assemble a small group of high-level European infuencial [sic] champions and politically credible friends who can act informally and without any visible relationship with the Government of Ukraine.” 25. Through MANAFORT, the Government of Ukraine retained an additional group of lobbyists (Company D and Persons D1 and D2). In addition to lobbying itself, Company D secretly served as intermediaries between the Hapsburg Group and MANAFORT and the Government of Ukraine. In or about 2012 through 2013, MANAFORT directed more than the equivalent of 700,000 euros to be wired from at least three of his offshore accounts to the benefit of Company D to pay secretly for its services. 26. All four Hapsburg Group members, at the direction, and with the direct assistance, of MANAFORT, advocated positions favorable to Ukraine in meetings with United States lawmakers, interviews with United States journalists, and ghost written op-eds in American publications. In or about 2012 through 2014, MANAFORT directed more than 2 million euros to be wired from at least four of his offshore accounts to pay secretly the Hapsburg Group. To avoid 18 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 19 20 of of 38 246 European taxation, the contract with the Hapsburg Group falsely stated that none of its work would take place in Europe. 27. One of the Hapsburg Group members, a former Polish President, was also a representative of the European Parliament with oversight responsibility for Ukraine. MANAFORT solicited that official to provide MANAFORT inside information about the European Parliament’s views and actions toward Ukraine and to take actions favorable to Ukraine. MANAFORT also used this Hapsburg Group member’s current European Parliament position to Ukraine’s advantage in his lobbying efforts in the United States. In the fall of 2012, the United States Senate was considering and ultimately passed a resolution critical of President Yanukovych’s treatment of former Prime Minister Tymoshenko. MANAFORT engaged in an all-out campaign to try to kill or delay the passage of this resolution. Among the steps he took was having the Hapsburg Group members reach out to United States Senators, as well as directing Companies A and B to have private conversations with Senators to lobby them to place a “hold” on the resolution. MANAFORT told his lobbyists to stress to the Senators that the former Polish President who was advocating against the resolution was currently a designated representative of the President of the European Parliament, to give extra clout to his supposedly independent judgment against the Senate resolution. MANAFORT never revealed to the Senators or to the American public that any of these lobbyists or Hapsburg Group members were paid by Ukraine. 28. In another example, on May 16, 2013, another member of the Hapsburg Group lobbied in the United States for Ukraine. The Hapsburg Group member accompanied his country’s prime minister to the Oval Office and met with the President and Vice President of the United States, as well as senior United States officials in the executive and legislative branches. In written 19 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 20 21 of of 38 246 communications sent to MANAFORT, Person D1 reported that the Hapsburg Group member delivered the message of not letting “Russians Steal Ukraine from the West.” The Foreign Agents Registration Act required MANAFORT to disclose such lobbying, as MANAFORT knew. He did not. Law Firm Report and Tymoshenko 29. As another part of the lobbying scheme, in 2012, on behalf of President Yanukovych and the Government of Ukraine’s Ministry of Justice, MANAFORT solicited a United States law firm to write a report evaluating the trial of Yanukovych’s political opponent Yulia Tymoshenko. MANAFORT caused Ukraine to hire the law firm so that its report could be used in the United States and elsewhere to defend the Tymoshenko criminal trial and argue that President Yanukovych and Ukraine had not engaged in selective prosecution. 30. MANAFORT retained a public relations firm (Company C) to prepare a media roll-out plan for the law firm report. MANAFORT used one of his offshore accounts to pay Company C the equivalent of more than $1 million for its services. 31. MANAFORT worked closely with Company C to develop a detailed written lobbying plan in connection with what MANAFORT termed the “selling” of the report. This campaign included getting the law firm’s report “seeded” to the press in the United States—that is, to leak the report ahead of its official release to a prominent United States newspaper and then use that initial article to influence reporting globally. As part of the roll-out plan, on the report’s issuance on December 13, 2012, MANAFORT arranged to have the law firm disseminate hard copies of the report to numerous government officials, including senior United States executive and legislative branch officials. 20 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 21 22 of of 38 246 32. MANAFORT reported on the law firm’s work on the report and Company C’s lobbying plan to President Yanukovych and other representatives of the Government of Ukraine. For example, in a July 27, 2012 memorandum to President Yanukovych’s Chief of Staff, MANAFORT reported on “the global rollout strategy for the [law firm’s] legal report, and provide[d] a detailed plan of action[]” which included step-by-step lobbying outreach in the United States. 33. MANAFORT directed lobbyists to tout the report as showing that President Yanukovych had not selectively prosecuted Tymoshenko. But in November 2012 MANAFORT had been told privately in writing by the law firm that the evidence of Tymoshenko’s criminal intent “is virtually non-existent” and that it was unclear even among legal experts that Tymoshenko lacked power to engage in the conduct central to the Ukraine criminal case. These facts, known by MANAFORT, were not disclosed to the public. 34. Manafort knew that the report also did not disclose that the law firm, in addition to being retained to write the report, was retained to represent Ukraine itself, including in connection with the Tymoshenko case and to provide training to the trial team prosecuting Tymoshenko. 35. MANAFORT also knew that the Government of Ukraine did not want to disclose how much the report cost. More than $4.6 million was paid to the law firm for its work. MANAFORT used one of his offshore accounts to funnel $4 million to pay the law firm, a fact that MANAFORT did not disclose to the public. Instead, the Government of Ukraine reported falsely that the report cost just $12,000. 36. MANAFORT and others knew that the actual cost of the report and the scope of the law firm’s work would undermine the report’s being perceived as an independent assessment and thus being an effective lobbying tool for MANAFORT to use to support the incarceration of President 21 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 22 23 of of 38 246 Yanukovych’s political opponent. 37. In addition to the law firm report, MANAFORT took other steps on behalf of the Government of Ukraine to tarnish Tymoshenko in the United States. In addition to disseminating stories about her soliciting murder, noted above, in October 2012, MANAFORT orchestrated a scheme to have, as he wrote in a contemporaneous communication, “[O]bama jews” put pressure on the Administration to disavow Tymoshenko and support Yanukovych. MANAFORT sought to undermine United States support for Tymoshenko by spreading stories in the United States that a senior Cabinet official (who had been a prominent critic of Yanukovych’s treatment of Tymoshenko) was supporting anti-Semitism because the official supported Tymoshenko, who in turn had formed a political alliance with a Ukraine party that espoused anti-Semitic views. MANAFORT coordinated privately with a senior Israeli government official to issue a written statement publicizing this story. MANAFORT then, with secret advance knowledge of that Israeli statement, worked to disseminate this story in the United States, writing to Person D1 “I have someone pushing it on the NY Post. Bada bing bada boom.” MANAFORT sought to have the Administration understand that “the Jewish community will take this out on Obama on election day if he does nothing.” MANAFORT then told his United States lobbyist to inform the Administration that Ukraine had worked to prevent the Administration’s presidential opponent from including damaging language in the Israeli statement, so as not to harm the Administration, and thus further ingratiate Yanukovych with the Administration. Company A and Company B 38. As a third part of the lobbying scheme, in February 2012, MANAFORT solicited two Washington, D.C. lobbying firms (Company A and Company B) to lobby in the United States on 22 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 23 24 of of 38 246 behalf of President Yanukovych, the Party of Regions and the Government of Ukraine. For instance, in early 2012 at the inception of the relationship, Company B wrote in an email to its team about a “potential representation for the Ukraine,” having been contacted “at the suggestion of Paul Manafort who has been working on the current PM elections.” 39. MANAFORT arranged to pay Companies A and B over $2 million from his offshore accounts for their United States lobbying work for Ukraine. 40. MANAFORT provided direction to Companies A and B in their lobbying efforts, including providing support for numerous United States visits by numerous senior Ukrainian officials. Companies A and B, at MANAFORT’s direction, engaged in extensive United States lobbying. Among other things, they lobbied dozens of Members of Congress, their staff, and White House and State Department officials about Ukraine sanctions, the validity of Ukraine elections, and the propriety of President Yanukovych’s imprisoning Tymoshenko, his presidential rival. 41. In addition, with the assistance of Company A, MANAFORT also personally lobbied in the United States. He drafted and edited numerous ghost-written op-eds for publication in United States newspapers. He also personally met in March 2013 in Washington, D.C., with a Member of Congress who was on a subcommittee that had Ukraine within its purview. After the meeting, MANAFORT prepared a report for President Yanukovych that the meeting “went well” and reported a series of positive developments for Ukraine from the meeting. 42. Indeed, MANAFORT repeatedly communicated in person and in writing with President Yanukovych and his staff about the lobbying activities of Companies A and B and he tasked the companies to prepare assessments of their work so he, in turn, could brief President Yanukovych. For instance, MANAFORT wrote President Yanukovych a memorandum dated April 8, 2012, in 23 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 24 25 of of 38 246 which he provided an update on the lobbying firms’ activities “since the inception of the project a few weeks ago. It is my intention to provide you with a weekly update moving forward.” In November 2012, Gates wrote to Companies A and B that the firms needed to prepare an assessment of their past and prospective lobbying efforts so the “President” could be briefed by “Paul” “on what Ukraine has done well and what it can do better as we move into 2013.” The resulting memorandum from Companies A and B, with input from Gates, noted among other things that the “client” had not been as successful as hoped given that it had an Embassy in Washington. 43. To distance their United States lobbying work from the Government of Ukraine, and to avoid having to register as agents of Ukraine under the Foreign Agents Registration Act, MANAFORT with others arranged for Companies A and B to be engaged by a newly-formed Brussels entity called the European Centre for the Modern Ukraine (the Centre), instead of directly by the Government of Ukraine. 44. MANAFORT described the Centre as “the Brussels NGO that we have formed” to coordinate lobbying for Ukraine. The Centre was founded by a Ukraine Party of Regions member and Ukraine First Vice-Prime Minister. The head of its Board was another member of the Party of Regions, who became the Ukraine Foreign Minister. 45. In spite of these ties to Ukraine, MANAFORT and others arranged for the Centre to represent falsely that it was not “directly or indirectly supervised, directed, [or] controlled” in whole or in major part by the Government of Ukraine or the Party of Regions. MANAFORT knew that the false and misleading representations would lead Companies A and B not to register their activities pursuant to the Foreign Agents Registration Act. 46. Despite the Centre being the ostensible client of Companies A and B, MANAFORT knew 24 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 25 26 of of 38 246 that the Centre did not direct or oversee their work. The firms received direction from MANAFORT and his subordinate Gates, on behalf of the Government of Ukraine. 47. Various employees of Companies A and B understood that they were receiving direction from MANAFORT and President Yanukovych, not the Centre, which was not even operational when Companies A and B began lobbying for Ukraine. MANAFORT, Gates, and employees of both Companies A and B referred to the client in ways that made clear they knew it was Ukraine, for instance noting that the “client” had an Embassy in Washington D.C. The head of Company B told his team to think the President of Ukraine “is the client.” As a Company A employee noted to another company employee: the lobbying for the Centre was “in name only. [Y]ou’ve gotta see through the nonsense of that[.]” “It’s like Alice in Wonderland.” An employee of Company B described the Centre as a fig leaf, and the Centre’s written certification that it was not related to the Party of Regions as “a fig leaf on a fig leaf,” referring to the Centre in an email as the “European hot dog stand for a Modern Ukraine.” Conspiring to Obstruct Justice: False and Misleading Submissions to the Department of Justice 48. In September 2016, after numerous press reports concerning MANAFORT had appeared in August, the Department of Justice National Security Division informed MANAFORT, Gates, and DMI in writing that it sought to determine whether they had acted as agents of a foreign principal under the Foreign Agents Registration Act, without registering. In November 2016 and February 2017, MANAFORT and Gates conspired to knowingly and intentionally cause false and misleading letters to be submitted to the Department of Justice, through his unwitting legal counsel. The letters, both of which were approved by MANAFORT before they were submitted by his counsel, represented falsely, among other things, that: 25 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 26 27 of of 38 246 a. DMI’s “efforts on behalf of the Party of Regions” “did not include meetings or outreach within the U.S.”; b. MANAFORT did not “recall meeting with or conducting outreach to U.S. government officials or U.S. media outlets on behalf of the [Centre], nor do they recall being party to, arranging, or facilitating any such communications. Rather, it is the recollection and understanding of Messrs. Gates and Manafort that such communications would have been facilitated and conducted by the [Centre’s] U.S. consultants, as directed by the [Centre]. . . .”; c. MANAFORT had merely served as a means of introduction of Company A and Company B to the Centre and provided the Centre with a list of “potential U.S.-based consultants—including [Company A] and [Company B]—for the [Centre’s] reference and further consideration”; and d. DMI “does not retain communications beyond thirty days” and as a result of this policy, a “search has returned no responsive documents.” The November 2016 letter attached a one-page, undated document that purported to be a DMI “Email Retention Policy.” 49. In fact, MANAFORT had: selected Companies A and B; engaged in weekly scheduled calls and frequent emails with Companies A and B to provide them directions as to specific lobbying steps that should be taken; sought and received detailed oral and written reports from these firms on the lobbying work they had performed; communicated with Yanukovych to brief him on their lobbying efforts; both congratulated and reprimanded Companies A and B on their lobbying work; communicated directly with United States officials in connection with this work; and paid the 26 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 27 28 of of 38 246 lobbying firms over $2.5 million from offshore accounts he controlled, among other things. 50. Although MANAFORT had represented to the Department of Justice in November 2016 and February 2017 that he had no relevant documents, in fact MANAFORT had numerous incriminating documents in his possession, as he knew at the time. The Federal Bureau of Investigation conducted a court-authorized search of MANAFORT’S home in Virginia in the summer of 2017. The documents attached hereto as Government Exhibits 503, 504, 517, 532, 594, 604, 606, 616, 691, 692, 697, 706 and 708, among numerous others, were all documents that MANAFORT had in his possession, custody or control (and were found in the search) and all predated the November 2016 letter. Money Laundering Conspiracy 51. In or around and between 2006 and 2016, MANAFORT, together with others, did knowingly and intentionally conspire (a) to conduct financial transactions, affecting interstate and foreign commerce, which involved the proceeds of specified unlawful activity, to wit, felony violations of FARA in violation of Title 22, United States Code, Sections 612 and 618, knowing that the property involved in the financial transactions represented proceeds of some form of unlawful activity, with intent to engage in conduct constituting a violation of sections 7201 and 7206 of the Internal Revenue Code of 1986; and (b) to transport, transmit, and transfer monetary instruments and funds from places outside the United States to and through places in the United States and from places in the United States to and through places outside the United States, with the intent to promote the carrying on of specified unlawful activity, to wit: a felony violation of FARA, in violation of Title 22, United States Code, Sections 612 and 618, contrary to Title 18, United States Code, Section 1956(a)(1)(A)(ii) and (a)(2)(A). 27 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 28 29 of of 38 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 29 30 of of 38 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 30 31 of of 38 246 obligations to the United States. 54. First, the Bank Secrecy Act and its implementing regulations require United States citizens to report to the United States Treasury any financial interest in, or signatory authority over, any bank account or other financial account held in foreign countries, for every calendar year in which the aggregate balance of all such foreign accounts exceeds $10,000 at any point during the year. This is commonly known as a foreign bank account report or “FBAR.” The Bank Secrecy Act requires these reports because they have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings. The United States Treasury’s Financial Crimes Enforcement Network (FinCEN) is the custodian for FBAR filings, and FinCEN provides access to its FBAR database to law enforcement entities, including the Federal Bureau of Investigation. The reports filed by individuals and businesses are used by law enforcement to identify, detect, and deter money laundering that furthers criminal enterprise activity, tax evasion, and other unlawful activities. 55. Second, United States citizens also are obligated to report information to the IRS regarding foreign bank accounts. For instance, in 2010 Form 1040, Schedule B had a “Yes” or “No” box to record an answer to the question: “At any time during [the calendar year], did you have an interest in or a signature or other authority over a financial account in a foreign country, such as a bank account, securities account, or other financial account?” If the answer was “Yes,” then the form required the taxpayer to enter the name of the foreign country in which the financial account was located. 56. For each year in or about and between 2007 through at least 2014, MANAFORT had authority over foreign accounts that required an FBAR report. Specifically, MANAFORT was 30 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 31 32 of of 38 246 required to report to the United States Treasury each foreign bank account held by the foreign MANAFORT entities noted above in paragraph 10. No FBAR reports were made by MANAFORT for these accounts. 57. Furthermore, in each of MANAFORT’s tax filings for 2007 through 2014, Manafort represented falsely that he did not have authority over any foreign bank accounts. MANAFORT had repeatedly and falsely represented in writing to MANAFORT’s tax preparer that MANAFORT had no authority over foreign bank accounts, knowing that such false representations would result in false MANAFORT tax filings. For instance, on October 4, 2011, MANAFORT’s tax preparer asked MANAFORT in writing: “At any time during 2010, did you [or your wife or children] have an interest in or a signature or other authority over a financial account in a foreign country, such as a bank account, securities account or other financial account?” On the same day, MANAFORT falsely responded “NO.” MANAFORT responded the same way as recently as October 3, 2016, when MANAFORT’s tax preparer again emailed the question in connection with the preparation of MANAFORT’s tax returns: “Foreign bank accounts etc.?” MANAFORT responded on or about the same day: “NONE.” MANAFORT’s Fraud To Increase Access To Offshore Money 58. After MANAFORT used his offshore accounts to purchase real estate in the United States, he took out mortgages on the properties thereby allowing MANAFORT to have the benefits of liquid income without paying taxes on it. Further, MANAFORT defrauded the banks that loaned him the money so that he could withdraw more money at a cheaper rate than he otherwise would have been permitted. 59. In 2012, MANAFORT, through a corporate vehicle called “MC Soho Holdings, LLC” 31 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 32 33 of of 38 246 owned by him and his family, bought a condominium on Howard Street in the Soho neighborhood in Manhattan, New York. He paid approximately $2,850,000. All the money used to purchase the condominium came from MANAFORT entities in Cyprus. MANAFORT used the property from at least January 2015 through 2016 as an income-generating rental property, charging thousands of dollars a week on Airbnb, among other places. In his tax returns, MANAFORT took advantage of the beneficial tax consequences of owning this rental property. 60. Also in 2012, MANAFORT -- through a corporate vehicle called “MC Brooklyn Holdings, LLC” similarly owned by him and his family -- bought a brownstone on Union Street in the Carroll Gardens section of Brooklyn, New York. He paid approximately $3,000,000 in cash for the property. All of that money came from a MANAFORT entity in Cyprus. COUNT ONE Conspiracy Against The United States 61. Paragraphs 1 through 60 are incorporated here. 62. From in or about and between 2006 and 2017, both dates being approximate and inclusive, in the District of Columbia and elsewhere, the defendant PAUL J. MANAFORT, JR., together with others, including Gates and Kilimnik, knowingly and intentionally conspired to defraud the United States by impeding, impairing, obstructing, and defeating the lawful governmental functions of a government agency, namely the Department of Justice and the Department of the Treasury, and to commit offenses against the United States, to wit, (a) money laundering (in violation of 18 U.S.C. § 1956); (b) tax fraud (in violation of 26 U.S.C. § 7206(1)); (c) failing to file Foreign Bank Account Reports (in violation of 31 U.S.C. §§ 5312 and 5322(b)); (d) violating the Foreign Agents Registration Act (in violation of 22 U.S.C. §§ 612, 618(a)(1), and 618(a)(2)); 32 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 33 34 of of 38 246 and (e) lying and misrepresenting to the Department of Justice (in violation of 18 U.S.C. § 1001(a) and 22 U.S.C. §§ 612 and 618(a)(2)). 63. In furtherance of the conspiracy and to effect its illegal object, MANAFORT, together with others, committed the overt acts, in the District of Columbia and elsewhere, as set forth in the paragraphs above, which are incorporated herein. (18 U.S.C. §§ 371 and 3551 et seq.) COUNT TWO Conspiracy to Obstruct Justice (Witness Tampering) 64. Paragraphs 1 through 60 are incorporated here. 65. From in or about and between February 23, 2018 and April 2018, both dates being approximate and inclusive, within the District of Columbia and elsewhere, the defendant PAUL J. MANAFORT, JR., together with others, including Konstantin Kilimnik, knowingly and intentionally conspired to corruptly persuade another person, to wit: Persons D1 and D2, with intent to influence, delay and prevent the testimony of any person in an official proceeding, in violation of 18 U.S.C. § 1512(b)(1). 66. On February 22, 2018, MANAFORT was charged in the District of Columbia in a Superseding Indictment that for the first time included allegations about the Hapsburg Group and MANAFORT’s use of that group to lobby illegally in the United States in violation of the Foreign Agent Registration Act. MANAFORT knew that the Act prescribed only United States lobbying. Immediately after February 22, 2018, MANAFORT began reaching out directly and indirectly to Persons D1 and D2 to induce them to say falsely that they did not work in the United States as part 33 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 34 35 of of 38 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 35 36 of of 38 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 36 37 of of 38 246 (18 U.S.C. §§ 371 and 3551 et seq.) FORFEITURE ALLEGATIONS 68. Upon conviction of the offense charged in Count One, the defendant PAUL J. MANAFORT, JR., shall forfeit to the United States any property, real or personal, involved in such offense, and any property traceable to such property, and any property, real or personal, which constitutes or is derived from proceeds traceable to the offense, pursuant to Title 18, United States Code, Sections 981(a)(1)(A), 981(a)(1)(C), and 982(a)(1), and Title 28, United States Code, Section 2461(c). The United States will also seek a judgment against the defendant for a sum of money representing the property described in this paragraph (to be offset by the forfeiture of any specific property). 69. The property subject to forfeiture by PAUL J. MANAFORT, JR., includes, but is not limited to, the following listed assets: a. The real property and premises commonly known as 377 Union Street, Brooklyn, New York 11231 (Block 429, Lot 65), including all appurtenances, improvements, and attachments thereon, and any property traceable thereto; b. The real property and premises commonly known as 29 Howard Street, #4D, New York, New York 10013 (Block 209, Lot 1104), including all appurtenances, improvements, and attachments thereon, and any property traceable thereto; c. The real property and premises commonly known as 174 Jobs Lane, Water Mill, New York 11976, including all appurtenances, improvements, and attachments thereon, and any property traceable thereto; 36 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 37 38 of of 38 246 d. All funds held in account number XXXXXX0969 at The Federal Savings Bank, and any property traceable thereto; e. All funds seized from account number XXXXXX1388 at Capital One N.A., and any property traceable thereto; and f. All funds seized from account number XXXXXX9952 at The Federal Savings Bank, and any property traceable thereto; g. Northwestern Mutual Universal Life Insurance Policy 18268327, and any property traceable thereto; h. All funds held in account number XXXX7988 at Charles A. Schwab & Co. Inc., and any property traceable thereto; and i. The real property and premises commonly known as 1046 N. Edgewood Street, Arlington, Virginia 22201, including all appurtenances, improvements, and attachments thereon, and any property traceable thereto. Substitute Assets 70. If any of the property described above as being subject to forfeiture, as a result of any act or omission of the defendant a. cannot be located upon the exercise of due diligence; b. has been transferred or sold to, or deposited with, a third party; c. has been placed beyond the jurisdiction of the court; d. has been substantially diminished in value; or e. has been commingled with other property that cannot be subdivided without difficulty; 37 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 419 Filed Filed 09/14/18 02/23/19 Page Page 38 39 of of 38 246 it is the intent of the United States of America, pursuant to Title 18, United States Code, Section 982(b) and Title 28, United States Code, Section 2461 ( c), incorporating Title 21 , United States Code, Section 853, to seek forfeiture of any other property of said defendant. By: Rs~£~Special Counsel Department of Justice 38 Case Document 525-1 Filed 02/23/19 Page 40 of 246 ATTACHMENT Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJDocument Document 525-1 422 Filed Filed 02/23/19 09/14/18 Page Page 41 1 ofof17 246 U.S. Department of Justice The Special Counsel's Office Washington, D.C. 20530 September 13, 2018 Kevin M. Downing, Esq. Law Office of Kevin M. Downing 601 New Jersey Avenue NW Suite 620 Washington, DC 20001 E SEP 14 20\8 Clerk, U.S. District & Bankruptcy courts for the District of Columbia Thomas E. Zehnle, Esq. Law Office of Thomas E. Zehnle 601 New Jersey Avenue NW Suite 620 Washington, DC 20001 Richard W. Westling, Esq Epstein Becker Green 1227 25 th Street NW Suite 700 Washington, DC 20037 Re: United States v. Paul .J. Manafort, Jr.. , I rim. No. 17-201-/ (ABJ) Dear Counsel: This letter sets forth the full and complete plea offer to your client Paul J. Manafort, Jr. (hereinafter referred to as "your client" or "defendant") from the Special Counsel's Office (hereinafter also referred to as "the Government" or "this Office"). If your client accepts the terms and conditions of this offer, please have your client execute this document in the space provided below. Upon receipt of the executed document, this letter will become the Plea Agreement (hereinafter referred to as the "Agreement"). The terms of the offer are as follows. 1. Charges and Statutory Penalties Your client agrees to plead guilty in the above-captioned case to all elements of all objects of all the charges in a Superseding Criminal Information, which will encompass the charges in Counts One and Two of a Superseding Criminal Information, charging your client with: A. conspiracy against the United States, in violation of 18 U.S.C. § 371 (which includes a conspiracy to: (a) money launder (in violation of 18 U.S.C. § 1956); (b) commit tax fraud Page 1 of 17 Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJDocument Document 525-1 422 Filed Filed 02/23/19 09/14/18 Page Page 42 2 ofof17 246 (in violation of 26 U.S.C. § 7206(1)); (c) fail to file Foreign Bank Account Reports (in violation of 31 U.S.C. §§ 5314 and 5322(b)); (d) violate the Foreign Agents Registration Act (in violation of22 U.S.C. §§ 612, 618(a)(l), and 618(a)(2)); and (e) to lie to the Department of Justice (in violation of 18 U.S.C. § l00l(a) and 22 U.S.C. §§ 612 and 618(a)(2)); and B. conspiracy against the United States, in violation of 18 U.S.C. § 371, to wit: conspiracy to obstruct justice by tampering with witnesses while on pre-trial release (in violation of 18 U.S.C. § 1512). The defendant also agrees not to appeal any trial or pre-trial issue in the Eastern District of Virginia, or to challenge in the district court any such issue, and admits in the attached "Statement of the Offense" his guilt of the remaining counts against him in United States v. Paul J. Manafort, Jr., Crim. No. 1:18-cr-83 (TSE) (hereafter "Eastern District of Virginia.") A copy of the Superseding Criminal Information and Statement of the Offense are attached. Your client understands that each violation of 18 U.S.C. § 371 carries a maximum sentence of 5 years' imprisonment; a fine of not more than $250,000, pursuant to 18 U.S.C. § 3571(b)(3); a term of supervised release of not more than 3 years, pursuant to 18 U.S.C. § 3583(b)(2); and an obligation to pay any applicable interest or penalties on fines and restitution not timely made, and forfeiture. In addition, your client agrees to pay a mandatory special assessment of $200 to the Clerk of the United States District Court for the District of Columbia. Your client also understands that, pursuant to 18 U.S.C. § 3572 and§ 5El.2 of the United States Sentencing Guidelines, Guidelines Manual (2016) (hereinafter "Sentencing Guidelines," "Guidelines," or "U.S.S.G."), the Court may also impose a fine that is sufficient to pay the federal government the costs of any imprisonment, term of supervised release, and period of probation. 2. Factual Stipulations Your client agrees that the attached Statement of the Offense fairly and accurately describes and summarizes your client's actions and involvement in the offenses to which your client is pleading guilty, as well as crimes charged in the Eastern District of Virginia that remain outstanding, as well as additional acts taken by him. Please have your client sign and return the Statement of the Offense, along with this Agreement. 3. Additional Cbar·ges In consideration of your client's guilty plea to the above offenses, and upon the completion of full cooperation as described herein and fulfillment of all the other obligations herein, no additional criminal charges will be brought against the defendant for his heretofore disclosed participation in criminal activity, including money laundering, false statements, personal and corporate tax and FBAR offenses, bank fraud, Foreign Agents Registration Act violations for his work in Ukraine, and obstruction of justice. In addition, subject to the terms of this Agreement, at the time of sentence or at the completion of his successful cooperation, whichever is later, the Government will move to dismiss the remaining counts of the Indictment Page 2 of 17 Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJDocument Document 525-1 422 Filed Filed 02/23/19 09/14/18 Page Page 43 3 ofof17 246 in this matter and in the Eastern District of Virginia and your client waives venue as to such charges in the event he breaches this Agreement. Your client also waives all rights under the Speedy Trial act as to any outstanding charges. 4. Sentencing Guidelines Analysis Your client understands that the sentence in this case will be determined by the Court, pursuant to the factors set forth in 18 U.S.C. § 3553(a), including a consideration of the applicable guidelines and policies set forth in the Sentencing Guidelines. Pursuant to Federal Rule of Criminal Procedure 11 (c)(1 )(B), and to assist the Court in determining the appropriate sentence, the Office estimates the Guidelines as follows: A. Estimated Offense Level Under the Guidelines Base offense level +8 +22 2S1.l(a) Base Offense Level: (1) The offense level for the underlying offense from which the laundered funds were derived, if (A) the defendant committed the underlying offense (or would be accountable for the underlying offense under subsection (a)(l)(A) of §lBl.3 (Relevant Conduct)); and (B) the offense level for that offense can be determined; or (2) 8 plus the number of offense levels from the table in §2Bl.1 (Theft, Property Destruction, and Fraud) corresponding to the value of the laundered funds, otherwise. Using more than $25 million threshold under 2Bl.1 Enhancement +2 Enhancement +2 Enhancement: +4 Enhancement: Combined Offense level Acceptance: Total for Counts One and Two: +2 +0 2S1.l(b)(2)(B) permits enhancement for 2 points if the conviction is pursuant to ~ 1956. 2S1. l(b)(3) adds two points for sophisticated laundering (which the guidelines lists as involving shell corporations and offshore financial accounts. 3Bl.l(a) aggravating role - 5 or more participants or otherwise extensive 3Cl.1 obstruction 3D1.4 -3 37 3El.l(b) acceptance of responsibility Advisory guidelines range of 210-262 Page 3 of 17 Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJDocument Document 525-1 422 Filed Filed 02/23/19 09/14/18 Page Page 44 4 ofof17 246 The defendant agrees that all of the Sentencing Guidelines for money laundering applicable to charges brought under 18 U.S.C. § 1956 apply to Count One of the Superseding Criminal Information brought under 18 U.S.C. § 371. For the purposes of the Sentencing Guidelines analysis, the government calculates the highest guideline range among the offenses, namely the object of the conspiracy to violate Title 18 U.S.C. § 1956. The defendant's estimated guideline range for Count Two, the conspiracy to obstruct justice, is 30 (before any reduction for acceptance of responsibility), and would be grouped with Count One pursuant to §3D1.2(c). B. Acceptance of Responsibility The Government agrees that a 2-level reduction will be appropriate, pursuant to U.S.S.G. § 3E 1.1, provided that your client clearly demonstrates acceptance of responsibility, to the satisfaction of the Government, through your client's allocution, adherence to every provision of this Agreement, and conduct between entry of the plea and imposition of sentence. If the defendant has accepted responsibility as described above, and if the defendant pleads guilty on or before September 14, 2018, subject to the availability of the Court, an additional one-level reduction will be warranted, pursuant to U.S.S.G. § 3El.l(b). Nothing in this Agreement limits the right of the Government to seek denial of the adjustment for acceptance ofresponsibility, pursuant to U.S.S.G. § 3El.l, and/or imposition of an adjustment for obstruction of justice, pursuant to U.S.S.G. § 3Cl.l, regardless of any agreement set forth herein, should your client move to withdraw his guilty plea after it is entered, or should it be determined by the Government that your client has either (a) engaged in conduct, unknown to the Government at the time of the signing of this Agreement, that constitutes obstruction of justice, or (b) engaged in additional criminal conduct after signing this Agreement. In accordance with the above, the applicable Guidelines Offense Level will be at least 37. C. Estimated Criminal History Category Based upon the information now available to this Office, your client has no criminal convictions, other than in the Eastern District of Virginia. Your client acknowledges that depending on when he is sentenced here and how the Guidelines are interpreted, he may have a criminal history. If additional convictions are discovered during the pre-sentence investigation by the United States Probation Office, your client's criminal history points may increase. D. Estimated Applicable Guidelines Range Based upon the total offense level and the estimated criminal history category set forth above, the Office calculates your client's estimated Sentencing Guidelines range is 210 months to 262 months' imprisonment (the "Estimated Guidelin~s Range"). In addition, the Office calculates that, pursuant to U.S.S.G. § 5El.2, should the Court impose a fine, at Guidelines level Page 4 of 17 Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJDocument Document 525-1 422 Filed Filed 02/23/19 09/14/18 Page Page 45 5 ofof17 246 37, the estimated applicable fine range is $40,000 to $400,000. Your client reserves the right to ask the Court not to impose any applicable fine. Your client agrees that, solely for the purposes of calculating the applicable range under the Sentencing Guidelines, a downward departure from the Estimated Guidelines Range set forth above is not warranted, subject to the paragraphs regarding cooperation below. Accordingly, you will not seek any departure or adjustment to the Estimated Guidelines Range set forth above, nor suggest that the Court consider such a departure or adjustment for any other reason other than those specified above. Your client also reserves the right to disagree with the Estimated Guideline Range calculated by the Office with respect to role in the offense. However, your client understands and acknowledges that the Estimated Guidelines Range agreed to by the Office is not binding on the Probation Office or the Court. Should the Court or Probation Office determine that a different guidelines range is applicable, your client will not be permitted to withdraw his guilty plea on that basis, and the Government and your client will still be bound by this Agreement. Your client understands and acknowledges that the terms of this section apply only to conduct that occurred before the execution of this Agreement. Should your client engage in any conduct after the execution of this Agreement that would form the basis for an increase in your client's base offense level or justify an upward departure (examples of which include, but are not limited to, obstruction of justice, failure to appear for a court proceeding, criminal conduct while pending sentencing, and false statements to law enforcement agents, the probation officer, or the Court), the Government is free under this Agreement to seek an increase in the base offense level based on that post-agreement conduct. 5. Agreement as to Sentencing Allocution Based upon the information known to the Government at the time of the signing of this Agreement, the parties further agree that a sentence within the Estimated Guidelines Range (or below) would constitute a reasonable sentence in light of all of the factors set forth in 18 U.S.C. § 3553(a), should such a sentence be subject to appellate review notwithstanding the appeal waiver provided below. 6. Reservation of Allocution The Government and your client reserve the right to describe fully, both orally and in writing, to the sentencing judge, the nature and seriousness of your client's misconduct, including any misconduct not described in the charge to which your client is pleading guilty. The parties also reserve the right to inform the presentence report writer and the Courts of any relevant facts, to dispute any factual inaccuracies in the presentence report, and to contest any matters not provided for in this Agreement. In the event that the Courts considers any Sentencing Guidelines adjustments, departures, or calculations different from any agreements contained in this Agreement, or contemplates a sentence outside the Guidelines range based upon the general sentencing factors listed in 18 U.S.C. § 3553(a), the parties reserve the right to answer any related inquiries from the Courts. In addition, your client acknowledges that the Page 5 of 17 Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJDocument Document 525-1 422 Filed Filed 02/23/19 09/14/18 Page Page 46 6 ofof17 246 Government is not obligated to file any post-sentence downward departure motion in this case pursuant to Rule 35(b) of the Federal Rules of Criminal Procedure. 7. Court Not Bound by this Agreement or the Sentencing Guidelines Your client understands that the sentence in this case will be imposed in accordance with 18 U.S.C. § 3553(a), upon consideration of the Sentencing Guidelines. Your client further understands that the sentence to be imposed is a matter solely within the discretion of the Courts. Your client acknowledges that the Courts are not obligated to follow any recommendation of the Government at the time of sentencing or to grant a downward departure based on your client's substantial assistance to the Government, even if the Government files a motion pursuant to Section SK 1.1 of the Sentencing Guidelines. Your client understands that neither the Government's recommendation nor the Sentencing Guidelines are binding on the Courts. Your client acknowledges that your client's entry of a guilty plea to the charged offenses authorizes the Court to impose any sentence, up to and including the statutory maximum sentence, which may be greater than the applicable Guidelines range determined by the Court. Although the parties agree that the sentences here and in the Eastern District of Virginia should run concurrently to the extent there is factual overlap (i.e. the tax and foreign bank account charges), that recommendation is not binding on either Court. The Government cannot, and does not, make any promise or representation as to what sentences your client will receive. Moreover, your client acknowledges that your client will have no right to withdraw your client's plea of guilty should the Courts impose sentences that are outside the Guidelines range or if the Courts do not follow the Government's sentencing recommendation. The Government and your client will be bound by this Agreement, regardless of the sentence imposed by the Courts. Any effort by your client to withdraw the guilty plea because of the length of the sentence shall constitute a breach of this Agreement. 8. Cooperation Your client shall cooperate fully, truthfully, completely, and forthrightly with the Government and other law enforcement authorities identified by the Government in any and all matters as to which the Government deems the cooperation relevant. This cooperation will include, but is not limited to, the following: (a) The defendant agrees to be fully debriefed and to attend all meetings at which his presence is requested, concerning his participation in and knowledge of all criminal activities. (b) The defendant agrees to furnish to the Government all documents and other material that may be relevant to the investigation and that are in the defendant's possession or control and to participate in undercover activities pursuant to the specific instructions of law enforcement agents or the Government. (c) The defendant agrees to testify at any proceeding in the District of Colombia or elsewhere as requested by the Government. Page 6 of 17 t}I Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJDocument Document 525-1 422 Filed Filed 02/23/19 09/14/18 Page Page 47 7 ofof17 246 (d) The defendant consents to adjournments of his sentences as requested by the Government. (e) The defendant agrees that all of the defendant's obligations under this agreement continue after the defendant is sentenced here and in the Eastern District of Virginia; and (f) The defendant must at all times give complete, truthful, and accurate information and testimony, and must not commit, or attempt to commit, any further crimes. Your client acknowledges and understands that, during the course of the cooperation outlined in this Agreement, your client will be interviewed by law enforcement agents and/or Government attorneys. Your client waives any right to have counsel present during these interviews and agrees to meet with law enforcement agents and Government attorneys outside of the presence of counsel. If, at some future point, you or your client desire to have counsel present during interviews by law enforcement agents and/or Government attorneys, and you communicate this decision in writing to this Office, this Office will honor this request, and this change will have no effect on any other terms and conditions of this Agreement. Your client shall testify fully, completely and truthfully before any and all Grand Juries in the District of Columbia and elsewhere, and at any and all trials of cases or other court proceedings in the District of Columbia and elsewhere, at which your client's testimony may be deemed relevant by the Government. Your client understands and acknowledges that nothing in this Agreement allows your client to commit any criminal violation of local, state or federal law during the period of your client's cooperation with law enforcement authorities or at any time prior to the sentencing in this case. The commission of a criminal offense during the period of your client's cooperation or at any time prior to sentencing will constitute a breach of this Agreement and will relieve the Government of all of its obligations under this Agreement, including, but not limited to, its obligation to inform this Court of any assistance your client has provided. However, your client acknowledges and agrees that such a breach of this Agreement will not entitle your client to withdraw your client's plea of guilty or relieve your client of the obligations under this Agreement. Your client agrees that the sentencing in this case and in the Eastern District of Virginia may be delayed until your client's efforts to cooperate have been completed, as determined by the Government, so that the Courts will have the benefit of all relevant information before a sentence is imposed. 9. Government's Obligations Page 7 of 17 Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJDocument Document 525-1 422 Filed Filed 02/23/19 09/14/18 Page Page 48 8 ofof17 246 The Government will bring to the Courts' attention at the time of sentencing the nature and extent of your client's cooperation or lack of cooperation. The Government will evaluate the full nature and extent of your client's cooperation to determine whether your client has provided substantial assistance in the investigation or prosecution of another person who has committed an offense. If this Office determines that the defendant has provided substantial assistance in the form of truthful information and, where applicable, testimony, the Office will file motions pursuant to Section 5Kl.1 of the United States Sentencing Guidelines. Defendant will then be free to argue for any sentence below the advisory Sentencing Guidelines range calculated by the Probation Office, including probation. 10. Waivers A. Venue Your client waives any challenge to venue in the District of Columbia. B. Statute of Limitations Your client agrees that, should any plea or conviction following your client's pleas of guilty pursuant to this Agreement, or the guilty verdicts in the Eastern District of Virginia, be vacated, set aside, or dismissed for any reason (other than by government motion as set forth herein), any prosecution based on the conduct set forth in the attached Statement of the Offense, as well as any crimes that the Government has agreed not to prosecute or to dismiss pursuant to this Agreement, that is not time-barred by the applicable statute oflimitations on the date of the signing of this Agreement, may be commenced or reinstated against your client, notwithstanding the expiration of the statute of limitations between the signing of this Agreement and the commencement or reinstatement of such prosecution. It is the intent of this Agreement to waive all defenses based on the statute of limitations with respect to any prosecution of conduct set forth in the attached Statement of the Offense, or any other crimes that the Government has agreed not to prosecute, that are not time-barred on the date that this Agreement is signed. The Office and any other party will be free to use against your client, directly and indirectly, in any criminal or civil proceeding, all statements made by your client, including the Statement of the Offense, and any of the information or materials provided by your client, including such statements, information, and materials provided pursuant to this Agreement or during the course of any debriefings conducted in anticipation of, or after entry of, this Agreement, whether or not the debriefings were previously a part of proffer-protected debriefings, and your client's statements made during proceedings before the Court pursuant to Rule 11 of the Federal Rules of Criminal Procedure. C. Trial and Other Rights Your client understands that by pleading guilty in this case your client agrees to waive certain rights afforded by the Constitution of the United States and/or by statute or rule. Your client agrees to forgo the right to any further discovery or disclosures of information not already provided at the time of the entry of your client's guilty plea. Your client also agrees to waive, Page 8 of 17 Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJDocument Document 525-1 422 Filed Filed 02/23/19 09/14/18 Page Page 49 9 ofof17 246 among other rights, the right to be indicted by a Grand Jury, the right to plead not guilty, and the right to a jury trial. If there were a jury trial, your client would have the right to be represented by counsel, to confront and cross-examine witnesses against your client, to challenge the admissibility of evidence offered against your client, to compel witnesses to appear for the purpose of testifying and presenting other evidence on your client's behalf, and to choose whether to testify. If there were a jury trial and your client chose not to testify at that trial, your client would have the right to have the jury instructed that your client's failure to testify could not be held against your client. Your client would further have the right to have the jury instructed that your client is presumed innocent until proven guilty, and that the burden would be on the United States to prove your client's guilt beyond a reasonable doubt. If your client were found guilty after a trial, your client would have the right to appeal your client's conviction. Your client understands that the Fifth Amendment to the Constitution of the United States protects your client from the use of compelled self-incriminating statements in a criminal prosecution. By entering a plea of guilty, your client knowingly and voluntarily waives or gives up your client's right against compelled self-incrimination. Your client acknowledges discussing with you Rule l l(f) of the Federal Rules of Criminal Procedure and Rule 410 of the Federal Rules of Evidence, which ordinarily limit the admissibility of statements made by a defendant in the course of plea discussions or plea proceedings if a guilty plea is later withdrawn. Your client knowingly and voluntarily hereby waives the rights that arise under these rules to object to the use of all such statements by him on and after September 10, 2018, in the event your client breaches this agreement, withdraws his guilty plea, or seeks to withdraw from this Agreement after signing it. This Agreement supersedes the proffer agreement between the Government and the client. Your client also agrees to waive all constitutional and statutory rights to a speedy sentence and agrees that the pleas of guilty pursuant to this Agreement will be entered at a time decided upon by the parties with the concurrence of the Court. Your client understands that the date for sentencing will be set by the Courts. Your client agrees not to accept remuneration or compensation of any sort, directly or indirectly, for the dissemination through any means, including but not limited to books, articles, speeches, biogs, podcasts, and interviews, however disseminated, regarding the conduct encompassed by the Statement of the Offense, or the investigation by the Office or prosecution of any criminal or civil cases against him. D. Appeal Rights Your client understands that federal law, specifically 18 U.S.C. § 3742, affords defendants the right to appeal their sentences in certain circumstances. Your client agrees to waive the right to appeal the sentences in this case and the Eastern District of Virginia, including but not limited to any term of imprisonment, fine, forfeiture, award of restitution, term or condition of supervised release, authority of the Courts to set conditions of release, and the manner in which the sentences were determined, except to the extent the Courts sentence your client above the statutory maximum or guidelines range determined by the Courts or your client claims that your client received ineffective assistance of counsel, in which case your client would Page 9 of 17 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 422 Filed Filed 09/14/18 02/23/19 Page Page 10 50 of of 17 246 have the right to appeal the illegal sentence or above-guidelines sentence or raise on appeal a claim of ineffective assistance of counsel, but not to raise on appeal other issues regarding the sentencings. In agreeing to this waiver, your client is aware that your client's sentences have yet to be determined by the Courts. Realizing the uncertainty in estimating what sentences the Courts ultimately will impose, your client knowingly and willingly waives your client's right to appeal the sentence, to the extent noted above, in exchange for the concessions made by the Government in this Agreement. E. Collateral Attack Your client also waives any right to challenge the conviction entered or sentence imposed under this Agreement or in the Eastern District of Virginia or otherwise attempt to modify or change the sentences or the manner in which they were determined in any collateral attack, including, but not limited to, a motion brought under 28 U.S.C. § 2255 or Federal Rule of Civil Procedure 60(b), except to the extent such a motion is based on a claim that your client received ineffective assistance of counsel. Your client agrees that with respect to all charges referred to herein he is not a "prevailing party" within the meaning of the "Hyde Amendment," 18 U.S.C. § 3006A note, and will not file any claim under that law. F. Privacy Act and FOIA Rights Your client also agrees to waive all rights, whether asserted directly or by a representative, to request or receive from any department or agency of the United States any records pertaining to the investigation or prosecution of this case, including and without limitation any records that may be sought under the Freedom oflnformation Act, 5 U.S.C. § 552, or the Privacy Act, 5 U.S.C. § 552a, for the duration of the Special Counsel's investigation. 11. Restitution Your client understands that the Court has an obligation to determine whether, and in what amount, mandatory restitution applies in this case under 18 U.S.C. § 3663A. The Government and your client agree that mandatory restitution does not apply in this case. 12. Forfeiture a) Your client agrees to the forfeiture set forth in the Forfeiture Allegations in the Superseding Criminal Information to which your client is pleading guilty. Your client further agrees to forfeit criminally and civilly the following properties (collectively, the "Forfeited Assets") to the United States pursuant to Title 18, United States Code, Sections 981(a)(l)(A), 981(a)(l)(C), 982(a)(l), 982(a)(2); Title 21, United States Code, Section 853(p), and Title 28 U.S.C. § 2461(c), and further agrees to waive all interest in such assets in any administrative or judicial forfeiture proceeding, whether criminal or civil, state or federal: 1) The real property and premises commonly known as 377 Union Street, Brooklyn, New Page 10 of 17 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 422 Filed Filed 09/14/18 02/23/19 Page Page 11 51 of of 17 246 York 11231 (Block 429, Lot 65), including all appurtenances, improvements, and attachments thereon, and any property traceable thereto; 2) The real property and premises commonly known as 29 Howard Street, #4D, New York, New York 10013 (Block 209, Lot 1104), including all appurtenances, improvements, and attachments thereon, and any property traceable thereto; 3) The real property and premises commonly known as 174 Jobs Lane, Water Mill, New York 11976, including all appurtenances, improvements, and attachments thereon, and any property traceable thereto; 4) All funds held in account number property traceable thereto; 0969 at The Federal Savings Bank, and any 5) All funds seized from account number property traceable thereto; 6) All funds seized from account number property traceable thereto; 1388 at Capital One N.A., and any 9952 at The Federal Savings Bank, and any 7) Northwestern Mutual Universal Life Insurance Policy and any property traceable thereto; 8) The real property and premises commonly known as 123 Baxter Street, #5D, New York, New York 10016 in lieu of 1046 N. Edgewood Street; and 9) The real property and premises commonly known as 721 Fifth Avenue, #43G, New York, New York 10022 in lieu of all funds from account number ~ at Charles Schwab & Co. Inc., and any property traceable thereto. Your client agrees that his consent to forfeiture is final and irrevocable as to his interests in the Forfeited Assets. b) Your client agrees that the facts set forth in the Statement of Facts and admitted to by your client establish that the Forfeited Assets are forfeitable to the United States pursuant to Title 18, United States Code, Sections 981 and 982, Title 21, United States Code, Section 853, and Title 28, United States Code, Section 2461. Your client admits that the Forfeited Assets numbered 1 through 7, above, represent property that constitutes or is derived from proceeds of, and property involved in, the criminal offenses in the Superseding Criminal Information to which . your client is pleading guilty. Your client further agrees that all the Forfeited Assets (numbered 1 through 9) can additionally be considered substitute assets for the purpose of forfeiture to the United States pursuant to Title 18, United States Code, Section 982(b); Title 21, United States Code, Section 853(p); and Title 28, United States Code, Section 2461(c). Page 11 of 17 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 422 Filed Filed 09/14/18 02/23/19 Page Page 12 52 of of 17 246 c) Your client agrees that the Court may enter a preliminary order of forfeiture for the Forfeited Assets at the time of your client's guilty plea or at any time before sentencing, and consents thereto. Your client agrees that the Court can enter a Final Order of Forfeiture for the Forfeited Assets, and could do so as part of his sentence. d) Your client further agrees that the government may choose in its sole discretion how it wishes to accomplish forfeiture of the property whose forfeiture your client has consented to in this plea agreement, whether by criminal or civil forfeiture, using judicial or non-judicial forfeiture processes. If the government chooses to effect the forfeiture provisions of this plea agreement through the criminal forfeiture process, your client agrees to the entry of orders of forfeiture for such property and waives the requirements of Federal Rules of Criminal Procedure 1 l(b)(l)(J) and 32.2 regarding notice of the forfeiture in the charging instrument, advice regarding the forfeiture at the change-of-plea hearing, announcement of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment. e) Your client understands that the United States may institute civil or administrative forfeiture proceedings against all forfeitable property in which your client has an interest, including the Forfeited Assets, without regard to the status of his criminal conviction. Your client further consents to the civil forfeiture of the Forfeited Assets to the United States, without regard to the status of his criminal conviction. In connection therewith, your client specifically agrees to waive all right, title, and interest in the Forfeited Assets, both individually and on behalf of DMP International, Summerbreeze LLC, or any other entity of which he is an officer, member, or has any ownership interest. Your client waives all defenses based on statute of limitations and venue with respect to any administrative or civil forfeiture proceeding related to the Forfeited Assets. f) Your client represents that with respect to each of the Forfeited Assets, he is either the sole and rightful owner and that no other person or entity has any claim or interest, or that he has secured the consent from any other individuals or entities having an interest in the Forfeited Assets to convey their interests in the Forfeited Assets to him prior to entry of the Order of Forfeiture (with the exception of previously disclosed mortgage holders). Your client warrants that he has accurately represented to the Government all those individuals and entities having an interest in the Forfeited Assets and the nature and extent of those interests, including any mortgages or liens on the Forfeited Assets. Your client agrees to take all steps to pass clear title to the Forfeited Assets to the United States (with the exception of previously disclosed mortgage liens). Your client further agrees to testify truthfully in any judicial forfeiture proceeding, and to take all steps to effectuate the same as requested by the Government. Your client agrees to take all steps requested by the Government to obtain from any other parties by any lawful means any records of assets owned at any time by your client, including but not limited to the Forfeited Assets, and to otherwise facilitate the effectuation of forfeiture and the maximization of the value of Forfeited Assets for the United States. g) Your client agrees that, to the extent that he does not convey to the United States Page 12 of 17 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 422 Filed Filed 09/14/18 02/23/19 Page Page 13 53 of of 17 246 clear title to each of the Forfeited Assets, the United States is entitled, in its sole discretion, either to vacatur of the plea agreement or to forfeiture to the United States of a sum of money equal to the value of that asset at the time this agreement was executed. Your client consents to modification of any Order of Forfeiture at any point to add such sum of money as a forfeiture judgment in substitution for Forfeited Assets. h) Your client hereby abandons any interest he has in all forfeitable property and consents to any disposition of the property by the government without further notice or obligation whatsoever owning to your client. i) Your client agrees not to interpose any claim, or to assist others to file or interpose any claim, to the Forfeited Assets in any proceeding, including but not limited to any civil or administrative forfeiture proceedings and any ancillary proceedings related to criminal forfeiture. Your client agrees that he shall not file any petitions for remission, restoration, or any other assertion of ownership or request for return relating to the Forfeited Assets, or any other action or motion seeking to collaterally attack the seizure, restraint, forfeiture, or conveyance of the Forfeited Assets, nor shall your client assist any other in filing any such claims, petitions, actions, or motion. Contesting or assisting others in contesting forfeiture shall constitute a material breach of the Agreement, relieving the United States of all its obligations under the Agreement. Your client agrees not to seek or accept, directly or indirectly, reimbursement or indemnification from any source with regard to the assets forfeited pursuant to this Agreement. j) In the event your client fails to deliver the assets forfeited pursuant to this agreement, or in any way fails to adhere to the forfeiture provisions of this agreement, the United States reserves all remedies available to it, including but not limited to vacating the Agreement based on a breach of the Agreement by your client. k) Your client agrees that the forfeiture provisions of this plea agreement are intended to, and will, survive him notwithstanding the abatement of any underlying criminal conviction after the execution of this Agreement. 1) Your client agrees that he will not claim, assert, or apply for, directly or indirectly, any tax deduction, tax credit, or any other taxable offset with regard to any federal, state, or local tax or taxable income for payments of any assets forfeited pursuant to this Agreement. m) Your client agrees to waive all constitutional and statutory challenges in any manner (including, but not limited to, direct appeal) to any forfeiture carried out in accordance with this Agreement on any grounds, including that the forfeiture constitutes an excessive fine or punishment. Page 13 of 17 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 422 Filed Filed 09/14/18 02/23/19 Page Page 14 54 of of 17 246 13. Breach of Agreement Your client understands and agrees that, if after entering this Agreement, your client fails specifically to perform or to fulfill completely each and every one of your client's obligations under this Agreement, or engages in any criminal activity prior to sentencing or during his cooperation (whichever is later), your client will have breached this Agreement. Should it be judged by the Government in its sole discretion that the defendant has failed to cooperate fully, has intentionally given false, misleading or incomplete information or testimony, has committed or attempted to commit any further crimes, or has otherwise violated any provision of this agreement, the defendant will not be released from his pleas of guilty but the Government will be released from its obligations under this agreement, including (a) not to oppose a downward adjustment of two levels for acceptance of responsibility described above, and to make the motion for an additional one-level reduction described above and (b) to file the motion for a downward departure for cooperation described above. Moreover, the Government may withdraw the motion described above, if such motion has been filed prior to sentencing. In the event that it is judged by the Government that there has been a breach: (a) your client will be fully subject to criminal prosecution, in addition to the charges contained in the Superseding Criminal Information, for any crimes to which he has not pled guilty, including perjury and obstruction of justice; and (b) the Government and any other party will be free to use against your client, directly and indirectly, in any criminal or civil proceeding, all statements made by your client, including the Statement of the Offense, and any of the information or materials provided by your client, including such statements, information, and materials provided pursuant to this Agreement or during the course of any debriefings conducted in anticipation of, or after entry of, this Agreement, whether or not the debriefings were previously a part of profferprotected debriefings, and your client's statements made during proceedings before the Court pursuant to Rule 11 of the Federal Rules of Criminal Procedure. Your client understands and agrees that the Government shall be required to prove a breach of this Agreement only by good faith. Nothing in this Agreement shall be construed to protect your client from prosecution for any crimes not included within this Agreement or committed by your client after the execution of this Agreement. Your client understands and agrees that the Government reserves the right to prosecute your client for any such offenses. Your client further understands that any perjury, false statements or declarations, or obstruction of justice relating to your client's obligations under this Agreement shall constitute a breach of this Agreement. In the event of such a breach, your client will not be allowed to withdraw your client's guilty plea. 14. Complete Ag1·eement Apart from the written proffer agreement initially dated September 11, 2018, which this Agreement supersedes, no agreements, promises, understandings, or representations have been Page 14 of 17 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 422 Filed Filed 09/14/18 02/23/19 Page Page 15 55 of of 17 246 made by the parties or their counsel other than those contained in writing herein, nor will any such agreements, promises, understandings, or representations be made unless committed to writing and signed by your client, defense counsel, and the Office. Your client further understands that this Agreement is binding only upon the Office. This Agreement does not bind any United States Attorney's Office, nor does it bind any other state, local, or federal prosecutor. It also does not bar or compromise any civil, tax, or administrative claim pending or that may be made against your client. If the foregoing terms and conditions are satisfactory, your client may so indicate by Page 15 of 17 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 422 Filed Filed 09/14/18 02/23/19 Page Page 16 56 of of 17 246 signing this Agreement and the Statement of the Offense, and returning both to the Office no later than September 14, 2018. Sincerely yours, ROBERT S. MUELLER, III Special Counsel By: d /.. b/_ ~~ Andrew Weissmann Jeannie S. Rhee Greg D. Andres Kyle R. Freeny Senior/Assistant Special Counsels Page 16 of 17 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 422 Filed Filed 09/14/18 02/23/19 Page Page 17 57 of of 17 246 DEFENDANT'S ACCEPTANCE I have read every page of this Agreement and have discussed it with my attorneys Kevin Downing, Thomas Zehnle, and Richard Westling. I am fully satisfied with the legal representation by them, who I have chosen to represent me herein. Nothing about the quality of the representation of other counsel is affecting my decision herein to plead guilty. I fully understand this Agreement and agree to it without reservation. I do this voluntarily and of my own free will, intending to be legally bound. No threats have been made to me nor am I under the influence of anything that could impede my ability to understand this Agreement fully. I am pleading guilty because I am in fact guilty of the offense identified in this Agreement. I reaffirm that absolutely no promises, agreements, understandings, or conditions have been made or entered into in connection with my decision to plead guilty except those set forth in this Agreement. I am satisfied with the legal services provided by my attorneys in connection with this Agreement and matters related to it. Date: __9_-_1_1_-~tf_ _ _ Defendant ATTORNEYS'ACKNOWLEDGMENT I have read every page of this Agreement, reviewed this Agreement with my client, Paul J. Manafort, and fully discussed the provisions of this Agreement with my client. These pages accurately and completely set forth the entire Agreement. I concur in my client's desire to plead guilty as set forth in this Agreement. Date: - - - - - -- - Ke in M. Downing 1chard W. Westling Thomas E. Zehnle Attorneys for Defendant Page 17 of 17 /fa Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJDocument Document 525-1 423 Filed Filed 02/23/19 09/14/18 Page Page 58 1 ofof24 246 Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJDocument Document 525-1 423 Filed Filed 02/23/19 09/14/18 Page Page 59 2 ofof24 246 Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJDocument Document 525-1 423 Filed Filed 02/23/19 09/14/18 Page Page 60 3 ofof24 246 Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJDocument Document 525-1 423 Filed Filed 02/23/19 09/14/18 Page Page 61 4 ofof24 246 Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJDocument Document 525-1 423 Filed Filed 02/23/19 09/14/18 Page Page 62 5 ofof24 246 Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJDocument Document 525-1 423 Filed Filed 02/23/19 09/14/18 Page Page 63 6 ofof24 246 Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJDocument Document 525-1 423 Filed Filed 02/23/19 09/14/18 Page Page 64 7 ofof24 246 Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJDocument Document 525-1 423 Filed Filed 02/23/19 09/14/18 Page Page 65 8 ofof24 246 Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJDocument Document 525-1 423 Filed Filed 02/23/19 09/14/18 Page Page 66 9 ofof24 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 423 Filed Filed 09/14/18 02/23/19 Page Page 10 67 of of 24 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 423 Filed Filed 09/14/18 02/23/19 Page Page 11 68 of of 24 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 423 Filed Filed 09/14/18 02/23/19 Page Page 12 69 of of 24 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 423 Filed Filed 09/14/18 02/23/19 Page Page 13 70 of of 24 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 423 Filed Filed 09/14/18 02/23/19 Page Page 14 71 of of 24 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 423 Filed Filed 09/14/18 02/23/19 Page Page 15 72 of of 24 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 423 Filed Filed 09/14/18 02/23/19 Page Page 16 73 of of 24 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 423 Filed Filed 09/14/18 02/23/19 Page Page 17 74 of of 24 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 423 Filed Filed 09/14/18 02/23/19 Page Page 18 75 of of 24 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 423 Filed Filed 09/14/18 02/23/19 Page Page 19 76 of of 24 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 423 Filed Filed 09/14/18 02/23/19 Page Page 20 77 of of 24 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 423 Filed Filed 09/14/18 02/23/19 Page Page 21 78 of of 24 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 423 Filed Filed 09/14/18 02/23/19 Page Page 22 79 of of 24 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 423 Filed Filed 09/14/18 02/23/19 Page Page 23 80 of of 24 246 Case Case1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document525-1 423 Filed Filed 09/14/18 02/23/19 Page Page 24 81 of of 24 246 Case Document 525-1 Filed 02/23/19 Page 82 of 246 ATTACHMENT Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJDocument Document 9 525-1 Filed 02/22/18 Filed 02/23/19 Page 1Page of 37 83 PageID# of 246 72 FILED IN OPEN COURT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTJUCT OF VIRGINIA Alexandria Division UNITED STATES OF AMERICA CLERK, U.S. DISTRICT COURT ALEXANDRIA. VIRGINIA * CRIMINAL NO. 1:18 Cr. 83 (TSE)(S-1) * * COUNTS 1-5: 26U.S.C. § 7206(1); 18 U.S.C. §§ 2 and 3551 et seq. Subscribing to False United States * V. * * PAUL J. MANAFORT, JR., * (Counts 1 through 5,11 through 14,and * 24 through 32) Individual Income Tax Returns COUNTS 6-10: 26 U.S.C. § 7206(2); 18 U.S.C. § 3551 et seq. * * and * Assisting in the Preparation of False * United States Individual Income RICHARD W. GATES III, * (Counts 6 through 10and 15 through 32) * * Defendants. COUNTS 11-14: 31 U.S.C. §§ 5314 and 5322(a); 18 U.S.C. §§ 2 and 3551 et seq. * Failure To File Reports Of Foreign Bank * And Financial Accounts * * * * * COUNTS 15-19: 26 U.S.C. § 7206(1); 18 U.S.C. §§ 2 and 3551 etsea. Subscribing to False United States Individual Income Tax Returns * * * COUNT 20: 26 U.S.C. § 7206(1); 18 U.S.C. §§ 2 and 3551 et seq. * Subscribing to a False Amended United * States Individual Income Tax Return * * * * * COUNTS 21-23: 31 U.S.C. §§ 5314 and 5322(a); 18 U.S.C. §§ 2 and 3551 et seq. Failure To File Reports Of Foreign Bank And Financial Accounts * * COUNT 24: 18 U.S.C. §§ 1349 and 3551 * et seq. * Bank Fraud Conspiracy * * COUNT 25: 18 U.S.C. §§ 1344, 2, and * 3551 et seq. * Bank Fraud Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJDocument Document 9 525-1 Filed 02/22/18 Filed 02/23/19 Page 2Page of 37 84 PageID# of 246 73 * * * COUNT 26:18 U.S.C. §§ 1349 and 3551 et seq. Bank Fraud Conspiracy * * COUNTS 27: 18 U.S.C. §§ 1344, 2, and * 3551 et seq. * Bank Fraud * * * * COUNT 28-29: 18 U.S.C. §§ 1349 and 3551 et seq. Bank Fraud Conspiracy * * COUNT 30: 18 U.S.C. §§ 1344,2, and * 3551 et seq. * Bank Fraud Sf! * COUNT 31: 18 U.S.C. §§ 1349 and 3551 * et seq. * Bank Fraud Conspiracy * * * COUNT 32: 18 U.S.C. §§ 1344,2, and 3551 et seq. * Bank Fraud * * FORFEITURE NOTICE * * SUPERSEDING INDICTMENT February 2018 Term - At Alexandria. Virginia THE GRAND JURY CHARGES THAT: Introduction At all times relevant to this Superseding Indictment: 1. Defendants PAUL J. MANAFORT, JR. (MANAFORT) and RICHARD W. GATES III (GATES) served for years as political consultants and lobbyists. Between at least 2006 and2015, Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJDocument Document 9 525-1 Filed 02/22/18 Filed 02/23/19 Page 3Page of 37 85 PageID# of 246 74 MANAFORT and GATES acted as unregistered agents of a foreign government and foreign political parties. Specifically, they represented the Government of Ukraine, the President of Ukraine (Victor Yanukovych, who was President from 2010 to 2014), the Party of Regions (a Ukrainian political party led by Yanukovych), and the Opposition Bloc (a successor to the Party of Regions after Yanukovych fled to Russia). 2. MANAFORT and GATES generated tens ofmillions ofdollars in income as a result oftheir Ukraine work. From approximately 2006 through the present, MANAFORT and GATES engaged in a scheme to hide income from United States authorities, while enjoying the use of the money. During the first part of the scheme between approximately 2006 and 2015, MANAFORT, with GATES' assistance, failed to pay taxes on this income by disguising it as alleged "loans" from nominee offshore corporate entities and by making millions of dollars in unreported payments from foreign accounts to bank accounts they controlled and United States vendors. MANAFORT also used the offshore accounts to purchase United States real estate, and MANAFORT and GATES used the undisclosed income to make improvements to and refinance their United States properties. 3. In the second part of the scheme, between approximately 2015 and at least January 2017, when the Ukraine income dwindled after Yanukovych fled to Russia, MANAFORT, with the assistance of GATES, extracted money from MANAFORT's United States real estate by, among other things, using those properties as collateral to obtain loans from multiple financial institutions. MANAFORT and GATES fraudulently secured more than twenty million dollars in loans by falsely inflating MANAFORT's and his company's income and by failing to disclose existing debt in order to qualify for the loans. 4. In furtherance of the scheme, MANAFORT and GATES funneled millions of dollars in 3 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJDocument Document 9 525-1 Filed 02/22/18 Filed 02/23/19 Page 4Page of 37 86 PageID# of 246 75 payments intonumerous foreign nominee companies andbankaccounts, opened by themandtheir accomplices in nominee names and in various foreign countries, including Cyprus, SaintVincent & the Grenadines (Grenadines), and the Seychelles. MANAFORT and GATES hid the existence and ownership of the foreign companies and bank accounts, falsely and repeatedly reporting to their tax preparers and to the United Statesthat they had no foreign bank accounts. 5. In furtherance of the scheme, MANAFORT used his hidden overseas wealth to enjoy a lavishlifestyle in the United States, without paying taxes on that income. MANAFORT, without reporting the income to his tax preparer or the United States, spent millions of dollars on luxury goods and services for himself and his extended family through payments wired from offshore nominee accounts to United States vendors. MANAFORT also used these offshore accounts to purchase multi-million dollar properties in the United States andto improve substantially another property owned by his family. 6. In furtherance ofthe scheme, GATES used millions of dollars from these offshore accounts to pay for his personal expenses, including his mortgage, children's tuition, and interior decorating and refinancing of his Virginia residence. 7. In total, morethan $75,000,000 flowed through the offshore accounts. MANAFORT, with the assistance of GATES, laundered more than $30,000,000, income that he concealed from the United States Department of the Treasury (Treasury), the Department of Justice, and others. GATES obtained more than $3,000,000 from the offshore accounts, income that he too concealed from the Treasury, the Department of Justice, and others. Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJDocument Document 9 525-1 Filed 02/22/18 Filed 02/23/19 Page 5Page of 37 87 PageID# of 246 76 Relevant Individuals And Entities 8. MANAFORT was a United States citizen. He resided in homes in Virginia, Florida, and Long Island, New York. 9. GATES was a United States citizen. He resided in Virginia. 10. In 2005, MANAFORT andanother partner created Davis Manafort Partners, Inc. (DMP) to engage principally in political consulting. DMP had staff in the United States, Ukraine, and Russia. In 2011, MANAFORT created DMP International, LLC (DMI) to engage in work for foreign clients, in particular political consulting, lobbying, and publicrelations for the Government of Ukraine, the Party of Regions, and members of the Party of Regions. DMI was a partnership solely owned by MANAFORT and his spouse. GATES worked for both DMP and DMI and served as MANAFORT's right-hand man. 11. The Party of Regions was a pro-Russia political party in Ukraine. Beginning in approximately 2006, it retained MANAFORT, through DMP and then DMI, to advance its interests in Ukraine, the United States, and elsewhere, including the election of its slate of candidates. In 2010, its candidate for President, Yanukovych, was elected President of Ukraine. In 2014, Yanukovych fled Ukraine for Russia in the wake of popular protests of widespread governmental corruption. Yanukovych, the Party of Regions, and the Government of Ukraine were MANAFORT, DMP, and DMI clients. 12. MANAFORT and GATES owned or controlled the following entities, which were used in the scheme (the MANAFORT-GATES entities): Domestic Entities "it - ' < ' -'"-J ' 7?*• . ' '' : ^Incorporation; LocationgE^>: - . Bade LLC (RG) January 2012 Delaware Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJDocument Document 9 525-1 Filed 02/22/18 Filed 02/23/19 Page 6Page of 37 88 PageID# of 246 77 Enlll^Paiher August 2008 Virginia March 2011 Florida March 2007 Delaware March 2005 Virginia March 2011 Florida October 1999 Delaware November 1999 Virginia June 2011 Delaware March 2012 Florida Global Sites LLC (PM, RG) July 2008 Delaware Jemina LLC (RG) July 2008 Delaware Jesand Investment Corporation (PM) April 2002 Virginia Jesand Investments Corporation (PM) March 2011 Florida April 2006 Virginia March 2011 Florida Jupiter Holdings Management, LLC (RG) January 2011 Delaware Lilred, LLC (PM) December 2011 Florida LOAV Ltd. (PM) April 1992 Delaware MC Brooklyn Holdings, LLC (PM) November 2012 New York January 2012 Florida April 2012 New York July 2008 Delaware Daisy Manafort, LLC (PM) Davis Manafort International LLC (PM) DMP (PM) Davis Manafort, Inc. (PM) DMI (PM) John Hannah, LLC (PM) MC Soho Holdings, LLC (PM) Smythson LLC (also known as Symthson LLC) (PM, RG) 6 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJDocument Document 9 525-1 Filed 02/22/18 Filed 02/23/19 Page 7Page of 37 89 PageID# of 246 78 Cvpriot Entities Entity Name Date Created Incorporation Location Actinet Trading Limited (PM, RG) May 2009 Cyprus Black Sea View Limited (PM, RG) August 2007 Cyprus Bletilla Ventures Limited (PM, RG) October 2010 Cyprus Cavenari Investments Limited (RG) December 2007 Cyprus Global Highway Limited (PM, RG) August 2007 Cyprus Leviathan Advisors Limited (PM, RG) August 2007 Cyprus LOAV Advisors Limited (PM, RG) August 2007 Cyprus Lucicle Consultants Limited (PM, RG) December 2008 Cyprus Marziola Holdings Limited (PM) March 2012 Cyprus Olivenia Trading Limited (PM, RG) March 2012 Cyprus Peranova Holdings Limited (Peranova) (PM, RG) June 2007 Cyprus Serangon Holdings Limited (PM, RG) January 2008 Cyprus Yiakora Ventures Limited (PM) February 2008 Cyprus Other Foreign Entities Entity Name Date Created Incorporation Location Global Endeavour Inc. (also known as Global Endeavor Inc.) (PM) Unknown Grenadines Jeunet Ltd. (PM) August 2011 Grenadines Pompolo Limited (PM, RG) April 2013 United Kingdom Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJDocument Document 9 525-1 Filed 02/22/18 Filed 02/23/19 Page 8Page of 37 90 PageID# of 246 79 13. The Internal Revenue Service (IRS) was a bureau in the Treasury responsible for administering the tax laws of the United States andcollecting taxes owed to the Treasury. The Tax Scheme MANAFORT And GATES' Wiring Monev From Offshore Accounts Into The United States 14. In order to use the money in the offshore nominee accounts of the MANAFORT-GATES entities without paying taxes on it, MANAFORT and GATES caused millions of dollars in wire transfers from these accounts to be made for goods, services, and real estate. They did not report these transfers as income. 15. From 2008 to 2014, MANAFORT caused the following wires, totaling over $12,000,000, to be sent to the vendors listed below for personal items. MANAFORT did not pay taxes on this income, which was used to make the purchases. Payee Transaction Originating Account Date Holder Vendor A 6/10/2008 LOAV Advisors Limited (Home Improvement Company in the Hamptons, New York) 6/25/2008 LOAV Advisors Limited 7/7/2008 LOAV Advisors Limited 8/5/2008 Yiakora Ventures Limited 9/2/2008 Yiakora Ventures Limited 10/6/2008 Yiakora Ventures Limited 10/24/2008 Yiakora Ventures Limited 11/20/2008 Yiakora Ventures Limited 12/22/2008 Yiakora Ventures Limited 1/14/2009 Yiakora Ventures Limited 1/29/2009 Yiakora Ventures Limited 2/25/2009 Yiakora Ventures Limited 4/16/2009 Yiakora Ventures Limited 5/7/2009 Yiakora Ventures Limited 5/12/2009 Yiakora Ventures Limited 6/1/2009 Yiakora Ventures Limited 6/18/2009 Yiakora Ventures Limited 7/31/2009 Yiakora Ventures Limited Country of Origination Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Amount of Transaction $107,000 $23,500 $20,000 $59,000 $272,000 $109,000 $107,800 $77,400 $100,000 $9,250 $97,670 $108,100 $94,394 $54,000 $9,550 $86,650 $34,400 $106,000 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJDocument Document 9 525-1 Filed 02/22/18 Filed 02/23/19 Page 9Page of 37 91 PageID# of 246 80 Payee Transaction Originating Account Amount of Date Holder Transaction Country of Origination 8/28/2009 Yiakora Ventures Limited Cyprus 9/23/2009 Yiakora Ventures Limited Cyprus 10/26/2009 Yiakora Ventures Limited Cyprus 11/18/2009 Global Highway Limited Cyprus 3/8/2010 Global Highway Limited Cyprus 5/11/2010 Global Highway Limited Cyprus 7/8/2010 Global Highway Limited Cyprus 7/23/2010 Leviathan Advisors Limited Cyprus 8/12/2010 Leviathan Advisors Limited Cyprus 9/2/2010 Yiakora Ventures Limited Cyprus 10/6/2010 Global Highway Limited Cyprus 10/14/2010 Yiakora Ventures Limited Cyprus 10/18/2010 Leviathan Advisors Limited Cyprus 12/16/2010 Global Highway Limited Cyprus 2/7/2011 Global Highway Limited Cyprus 3/22/2011 Leviathan Advisors Limited Cyprus 4/4/2011 Leviathan Advisors Limited Cyprus 5/3/2011 Global Highway Limited Cyprus 5/16/2011 Leviathan Advisors Limited Cyprus 5/31/2011 Leviathan Advisors Limited Cyprus 6/27/2011 Leviathan Advisors Limited Cyprus 7/27/2011 Leviathan Advisors Limited Cyprus 10/24/2011 Global Highway Limited Cyprus 10/25/2011 Global Highway Limited Cyprus 11/15/2011 Global Highway Limited Cyprus 11/23/2011 Global Highway Limited Cyprus 11/29/2011 Global Highway Limited Cyprus 12/12/2011 Leviathan Advisors Limited Cyprus 1/17/2012 Global Highway Limited Cyprus 1/20/2012 Global Highway Limited Cyprus 2/9/2012 Global Highway Limited Cyprus 2/23/2012 Global Highway Limited Cyprus 2/28/2012 Global Highway Limited Cyprus 3/28/2012 Peranova Cyprus 4/18/2012 Lucicle Consultants Limited Cyprus 5/15/2012 Lucicle Consultants Limited Cyprus 6/5/2012 Lucicle Consultants Limited Cyprus 6/19/2012 Lucicle Consultants Limited Cyprus $37,000 $203,500 $38,800 $130,906 $124,000 $25,000 $28,000 $26,500 $138,900 $31,500 $67,600 $107,600 $31,500 $46,160 $36,500 $26,800 $195,000 $95,000 $6,500 $70,000 $39,900 $95,000 $22,000 $9,300 $74,000 $22,300 $6,100 $17,800 $29,800 $42,600 $22,300 $75,000 $22,300 $37,500 $50,000 $79,000 $45,000 $11,860 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 9 Filed 525-102/22/18 Filed 02/23/19 Page 10Page of 3792 PageID# of 246 81 Payee Transaction Originating Account Amount of Date Holder Transaction Country of Origination 7/9/2012 Lucicle Consultants Limited Cyprus 7/18/2012 Lucicle Consultants Limited Cyprus 8/7/2012 Lucicle Consultants Limited Cyprus 9/27/2012 Lucicle Consultants Limited Cyprus 11/20/2012 Lucicle Consultants Limited Cyprus 12/20/2012 Lucicle Consultants Limited Cyprus 1/29/2013 Lucicle Consultants Limited Cyprus 3/12/2013 Lucicle Consultants Limited C3^rus 8/29/2013 Global Endeavour Inc. Grenadines 11/13/2013 Global Endeavour Inc. Grenadines 11/26/2013 Global Endeavour Inc. Grenadines 12/6/2013 Global Endeavour Inc. Grenadines 12/12/2013 Global Endeavour Inc. Grenadines 4/22/2014 Global Endeavour Inc. Grenadines 8/18/2014 Global Endeavour Inc. Grenadines Vendor A Total Vendor B Cyprus 3/28/2011 Leviathan Advisors Limited Cyprus 4/27/2011 Leviathan Advisors Limited Cyprus 5/16/2011 Leviathan Advisors Limited Cyprus 11/15/2011 Global Highway Limited Cyprus 11/23/2011 Global Highway Limited Cyprus 2/28/2012 Global Highway Limited Cyprus 10/31/2012 Lucicle Consultants Limited Cyprus 12/17/2012 Lucicle Consultants Limited Cyprus 1/15/2013 Lucicle Consultants Limited Cyprus 1/24/2013 Lucicle Consultants Limited Cyprus 2/12/2013 Lucicle Consultants Limited Cyprus 2/26/2013 Lucicle Consultants Limited Cyprus 3/22/2011 Leviathan Advisors Limited 7/15/2013 Pompolo Limited 11/5/2013 Global Endeavour Inc. Vendor C 10/7/2008 Yiakora Ventures Limited (Antique Rug 3/17/2009 Yiakora Ventures Limited Store in 4/16/2009 Yiakora Ventures Limited Alexandria, 4/27/2009 Yiakora Ventures Limited 5/7/2009 Yiakora Ventures Limited (Home Automation, Lighting and Home Entertainment Company in Florida) United Kingdom Grenadines Vendor B Total Virginia) 10 Cyprus Cyprus Cyprus Cyprus Cyprus $10,800 $88,000 $48,800 $100,000 $298,000 $55,000 $149,000 $375,000 $200,000 $75,000 $80,000 $130,000 $90,000 $56,293 $34,660 $5,434,793 $12,000 $25,000 $12,000 $25,000 $17,006 $11,000 $6,200 $290,000 $160,600 $194,000 $6,300 $51,600 $260,000 $175,575 $73,000 $1,319,281 $15,750 $46,200 $7,400 $65,000 $210,000 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 9 Filed 525-102/22/18 Filed 02/23/19 Page 11Page of 3793 PageID# of 246 82 Payee Transaction Originating Account Date Holder 7/15/2009 Yiakora Ventures Limited 3/31/2010 Yiakora Ventures Limited 6/16/2010 Global Highway Limited Country of Origination Cyprus Cj^rus Cyprus Vendor C Total Amount of Transaction $200,000 $140,000 $250,000 $934,350 Vendor D (Related to Vendor C) 2/28/2012 Global Highway Limited Cyprus Vendor D Total Vendor E (Men's Clothing Store in New York) 8/7/2012 Lucicle Consultants Limited 11/20/2012 Lucicle Consultants Limited 12/20/2012 Lucicle Consultants Limited 1/15/2013 Lucicle Consultants Limited 2/12/2013 Lucicle Consultants Limited 2/26/2013 Lucicle Consultants Limited Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus C5^rus Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus Global Endeavour Inc. Grenadines 11/7/2008 Yiakora Ventures Limited 2/5/2009 Yiakora Ventures Limited 4/27/2009 Yiakora Ventures Limited 10/26/2009 Yiakora Ventures Limited 3/30/2010 Yiakora Ventures Limited 5/11/2010 Global Highway Limited 6/28/2010 Leviathan Advisors Limited 8/12/2010 Leviathan Advisors Limited 11/17/2010 2/7/2011 Global Highway Limited Global Highway Limited 3/22/2011 Leviathan Advisors Limited 3/28/2011 Leviathan Advisors Limited 4/27/2011 Leviathan Advisors Limited 6/30/2011 Global Highway Limited 9/26/2011 Leviathan Advisors Limited 11/2/2011 Global Highway Limited 12/12/2011 Leviathan Advisors Limited 2/28/2012 Global Highway Limited Global Highway Limited 3/14/2012 Lucicle Consultants Limited 4/18/2012 Lucicle Consultants Limited 5/15/2012 Lucicle Consultants Limited 6/19/2012 Lucicle Consultants Limited 2/9/2012 9/3/2013 11 $100,000 $100,000 $32,000 $22,750 $13,500 $32,500 $15,000 $39,000 $5,000 $32,500 $11,500 $24,000 $43,600 $12,000 $3,000 $24,500 $12,000 $26,700 $46,000 $2,800 $16,000 $8,000 $48,550 $7,000 $21,600 $15,500 $10,900 $7,500 $37,000 $7,000 $39,000 $81,500 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 9 Filed 525-102/22/18 Filed 02/23/19 Page 12Page of 3794 PageID# of 246 83 Payee Transaction Originating Account Date Holder 10/15/2013 Global Endeavour Inc. Grenadines 11/26/2013 Global Endeavour Inc. Grenadines 4/24/2014 Global Endeavour Inc. Grenadines 9/11/2014 Global Endeavour Inc. Grenadines Vendor F 4/27/2009 (Landscaper in the Hamptons, New York) 5/12/2009 6/1/2009 6/18/2009 9/21/2009 5/11/2010 6/28/2010 7/23/2010 9/2/2010 10/6/2010 10/18/2010 12/16/2010 3/22/2011 5/3/2011 6/1/2011 7/27/2011 8/16/2011 9/19/2011 10/24/2011 11/2/2011 Vendor G (Antique Dealer in New York) 9/2/2010 10/18/2010 2/28/2012 3/14/2012 2/26/2013 VendorH (Clothing Store in Beverly Hills, California) Country of Origination 6/25/2008 12/16/2008 12/22/2008 8/12/2009 5/11/2010 11/17/2010 Vendor E Total Yiakora Ventures Limited Cyprus Yiakora Ventures Limited Cyprus Yiakora Ventures Limited Cyprus Yiakora Ventures Limited Cyprus Yiakora Ventures Limited Cyprus Global Highway Limited Cyprus Leviathan Advisors Limited Cyprus Leviathan Advisors Limited Cyprus Yiakora Ventures Limited Cyprus Global Highway Limited Cyprus Leviathan Advisors Limited Cyprus Global Highway Limited Cyprus Leviathan Advisors Limited Cyprus Global Highway Limited Cyprus Leviathan Advisors Limited Cyprus Leviathan Advisors Limited Cyprus Leviathan Advisors Limited Cyprus Leviathan Advisors Limited Cyprus Global Highway Limited Cyprus Global Highway Limited Cj^rus Vendor F Total Yiakora Ventures Limited Cyprus Leviathan Advisors Limited Cyprus Global Highway Limited Cyprus Lucicle Consultants Limited Cyprus Lucicle Consultants Limited Cyprus Vendor G Total LOAV Advisors Limited Cyprus Yiakora Ventures Limited Cyprus Yiakora Ventures Limited Cyprus Yiakora Ventures Limited Cyprus Global Highway Limited Cyprus Global Highway Limited Cyprus 12 Amount of Transaction $53,000 $13,200 $26,680 $58,435 $849,215 $34,000 $45,700 $21,500 $29,000 $21,800 $44,000 $50,000 $19,000 $21,000 $57,700 $26,000 $20,000 $50,000 $40,000 $44,000 $27,000 $13,450 $12,000 $42,000 $37,350 $655,500 $165,000 $165,000 $190,600 $75,000 $28,310 $623,910 $52,000 $49,000 $10,260 $76,400 $85,000 $128,280 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 9 Filed 525-102/22/18 Filed 02/23/19 Page 13Page of 3795 PageID# of 246 84 Payee Transaction Originating Account Amount of Date Holder Transaction Country of Origination 5/31/2011 Leviathan Advisors Limited Cyprus 11/15/2011 Global Highway Limited Cyprus 12/17/2012 Lucicle Consultants Limited Cyprus Vendor H Total $64,000 $48,000 $7,500 $520,440 Vendor I (Investment Company) Vendor J (Contractor in Florida) 9/3/2013 2/12/2013 7/15/2013 Pompolo Limited 11/15/2011 12/5/2011 12/21/2011 5/17/2012 6/19/2012 7/18/2012 9/19/2012 11/30/2012 1/9/2013 2/28/2013 (Landscaper in the Hamptons, New York) 12/5/2011 3/1/2012 6/6/2012 6/25/2012 6/27/2012 11/26/2013 Vendor L (Payments Relating to Three Range Rovers) Vendor M Grenadines Vendor I Total Global Highway Limited Cyprus Leviathan Advisors Limited Cyprus Black Sea View Limited Cyprus Global Highway Limited Cyprus Lucicle Consultants Limited Cyprus Lucicle Consultants Limited Cyprus Lucicle Consultants Limited Cyprus Lucicle Consultants Limited Cyprus Lucicle Consultants Limited Cyprus Lucicle Consultants Limited Cyprus Lucicle Consultants Limited Cyprus Vendor J Total Leviathan Advisors Limited Cyprus Global Highway Limited Cyprus Lucicle Consultants Limited Cyprus Lucicle Consultants Limited Cyprus Lucicle Consultants Limited Cyprus Lucicle Consultants Limited Cyprus 2/9/2012 VendorK Global Endeavour Inc. Global Endeavour Inc. United Kingdom Grenadines Vendor K Total 4/12/2012 Lucicle Consultants Limited Cyprus 5/2/2012 Lucicle Consultants Limited Cyprus 6/29/2012 Lucicle Consultants Limited 11/20/2012 Lucicle Consultants Limited 12/7/2012 Cyprus Vendor L Total Cyprus Lucicle Consultants Limited Cyprus 13 $500,000 $500,000 $8,000 $11,237 $20,000 $51,000 $68,000 $60,000 $32,250 $112,000 $39,700 $25,600 $4,700 $432,487 $4,115 $50,000 $47,800 $17,900 $18,900 $3,300 $13,325 $9,400 $164,740 $83,525 $12,525 $67,655 $163,705 $45,000 $21,000 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 9 Filed 525-102/22/18 Filed 02/23/19 Page 14Page of 3796 PageID# of 246 85 Payee (Contractor in Virginia) Transaction Originating Account Date Holder 4/23/2010 Cyprus Lucicle Consultants Limited Cyprus Lucicle Consultants Limited Cyprus Lucicle Consultants Limited Cyprus Vendor M Total Yiakora Ventures Limited Cyprus Yiakora Ventures Limited Cyprus Yiakora Ventures Limited Cyprus Global Highway Limited Cyprus Global Highway Limited Cyprus Yiakora Ventures Limited Cyprus 7/29/2010 Leviathan Advisors Limited 12/17/2012 1/17/2013 1/29/2013 2/12/2013 Vendor N 1/29/2009 (Audio, Video, 3/17/2009 and Control 4/16/2009 System Home Integration and 12/2/2009 Installation Company in the Hamptons, New York) Country of Ongination 3/8/2010 Lucicle Consultants Limited Cyprus Vendor N Total Amount of Transaction $21,000 $18,750 $9,400 $10,500 $125,650 $10,000 $21,725 $24,650 $10,000 $20,300 $8,500 $17,650 $112,825 Vendor O (Purchase of Mercedes Benz) 10/5/2012 Lucicle Consultants Limited Cyprus Vendor O Total $62,750 $62,750 Vendor P (Purchase of Range Rover) Vendor Q (Property Management Company in South Carolina) 12/30/2008 Vendor P Total 9/2/2010 Yiakora Ventures Limited Cyprus 10/6/2010 Global Highway Limited Cyprus 10/18/2010 Leviathan Advisors Limited Cyprus 2/8/2011 Global Highway Limited Cyprus 2/9/2012 Vendor R Cyprus Yiakora Ventures Limited 2/9/2011 Global Highway Limited Global Highway Limited Cyprus Vendor Q Total Cyprus (Art Gallery in Florida) 2/14/2013 Vendor S Vendor R Total 9/26/2011 Leviathan Advisors Limited Cyprus 9/19/2012 Lucicle Consultants Limited Cyprus Lucicle Consultants Limited 14 Cyprus $47,000 $47,000 $10,000 $10,000 $10,000 $13,500 $2,500 $46,000 $17,900 $14,000 $31,900 $5,000 $5,000 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 9 Filed 525-102/22/18 Filed 02/23/19 Page 15Page of 3797 PageID# of 246 86 Payee Transaction Originating Account Date Holder (Housekeepmg in New York) 16. 10/9/2013 Country of Origination Global Endeavour Inc. Amount of Transaction Grenadines $10,000 Vendor S Total $20,000 In 2012, MANAFORT caused the following wires to be sent to the entities listed below to purchase the real estate also listed below. MANAFORT did not reportthe money used to make these purchases on his 2012 tax return. Property Purchased Payee Howard Street DMP Condominium International (New York) LLC Union Street Brownstone, (New York) Arlington House (Virginia) Attorney Accoimt Of [Real Estate Attorney] Real Estate Trust Originating Date 2/1/2012 11/29/2012 11/29/2012 8/31/2012 Account Peranova Actinet Trading Limited Actinet Trading Limited Lucicle Consultants Limited Country of Origin Amount Cyprus $1,500,000 Cyprus $1,800,000 C)^rus $1,200,000 Cyprus $1,900,000 Total 17. $6,400,000 MANAFORT and GATES also disguised, as purported "loans," more than $10 million transferred from Cypriot entities, including the overseas MANAFORT-GATES entities, to domestic entities owned by MANAFORT. For example, a $1.5 million wire from Peranova to DMI that MANAFORT used to purchase real estate on Howard Street in Manhattan, New York, was recorded as a "loan" from Peranova to DMI,ratherthan as income. The following loanswere shams designed to reduce fraudulently MANAFORT's reported taxable income. 15 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 9 Filed 525-102/22/18 Filed 02/23/19 Page 16Page of 3798 PageID# of 246 87 Year Payor / Ostensible Payee / Ostensible "Lender" "Borrower" Jesand Investment 2008 Yiakora Ventures Limited 2008 Yiakora Ventures Limited DM? 2009 Yiakora Ventures Limited DMP Corporation 2009 Yiakora Ventures Limited Daisy Manafort, LLC 2012 Peranova DMI 2014 Telmar Investments Ltd. DMI 2015 Telmar Investments Ltd. DMI Country of Origin of "Loans" Cyprus $8,120,000 Cyprus Cyprus Cyprus Cyprus Cyprus Cyprus $500,000 $694,000 $500,000 $1,500,000 $900,000 $1,000,000 Total 18. Total Amount $13,214,000 From 2010 to 2014, GATES caused the following wires, totaling more than $3,000,000, to be sent to entities and bank accounts ofwhich he was a beneficial owner or he otherwise controlled. GATES did not report this income on his tax returns. Payee Transaction Originating Account Date Holder Serangon Holdings Limited Serangon Holdings Limited 5/6/2010 Serangon Holdings Limited 9/7/2010 Serangon Holdings Limited Richard Gates 3/26/2010 United Kingdom 4/20/2010 Bank Account A Richard Gates United Kingdom Bank Account B Richard Gates United States 10/13/2010 9/27/2010 Country of Origination Cyprus Cyprus Cyprus Cyprus Amount of Transaction $85,000 $50,000 $150,000 $160,000 Serangon Holdings Limited Cyprus $15,000 Global Highway Limited Cyprus $50,000 2010 Tax Year Total $510,000 Bank Account C Jemina LLC United States 9/9/2011 Peranova Cyprus $48,500 12/16/2011 Peranova Cyprus $100,435 Bank Account D Richard Gates United Kingdom Bank Account B Richard Gates United Kingdom Bank Account B 2011 Tax Year Total 1/9/2012 Global Highway Limited Cyprus 1/13/2012 Peranova Cyprus 2/29/2012 Global Highway Limited Cyprus 3/27/2012 Bletilla Ventures Limited Cyprus 16 $148,935 $100,000 $100,435 $28,500 $18,745 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 9 Filed 525-102/22/18 Filed 02/23/19 Page 17Page of 3799 PageID# of 246 88 Payee Transaction Date 4/26/2012 5/30/2012 5/30/2012 6/27/2012 8/2/2012 8/30/2012 9/27/2012 10/31/2012 11/20/2012 11/30/2012 12/21/2012 12/28/2012 Richard Gates 1/11/2013 United Kingdom 1/22/2013 Bank Account B 1/30/2013 2/22/2013 2/28/2013 3/1/2013 3/15/2013 4/15/2013 4/26/2013 5/17/2013 5/30/2013 6/13/2013 8/7/2013 Jemina LLC United States Bank Account D Country of Origination Bletilla Ventures Limited Cyprus Bletilla Ventures Limited Cyprus Lucicle Consultants Limited Cyprus Bletilla Ventures Limited Cyprus Bletilla Ventures Limited Cyprus Bletilla Ventures Limited Cyprus Bletilla Ventures Limited Cyprus Bletilla Ventures Limited Cyprus Bletilla Ventures Limited Cyprus Bletilla Ventures Limited Cyprus Bletilla Ventures Limited Cyprus Bletilla Ventures Limited Cyprus 2012 Tax Year Total Bletilla Ventures Limited Cyprus Bletilla Ventures Limited Cyprus Bletilla Ventures Limited Cyprus Bletilla Ventures Limited Cyprus Bletilla Ventures Limited Cyprus Bletilla Ventures Limited Cyprus Bletilla Ventures Limited Cyprus Bletilla Ventures Limited Cyprus Bletilla Ventures Limited Cyprus Olivenia Trading Limited Cyprus Actinet Trading Limited Cyprus Lucicle Consultants Limited Cyprus Holder Pompolo Limited United Kingdom Cyprus 9/13/2013 Cypriot Agent Cyprus 7/8/2013 Marziola Holdings Limited Cyprus 9/4/2013 Marziola Holdings Limited Cyprus 10/22/2013 Cypriot Agent Cyprus 11/12/2013 Cypriot Agent Cyprus 12/20/2013 Cypriot Agent Cyprus 2013 Tax Year Total 2/10/2014 Cypriot Agent Cyprus 4/29/2014 Cypriot Agent Cyprus 9/6/2013 Jemina LLC United States Bank Account D Originating Account 10/6/2014 Lucicle Consultants Limited Global Endeavour Inc. 17 Grenadines Amount of Transaction $26,455 $15,000 $14,650 $18,745 $28,745 $38,745 $32,345 $46,332 $48,547 $38,532 $47,836 $47,836 $651,448 $47,836 $34,783 $46,583 $46,233 $46,583 $42,433 $37,834 $59,735 $48,802 $57,798 $45,622 $76,343 $250,784 $68,500 $179,216 $72,500 $89,807 $119,844 $80,000 $90,000 $1,541,237 $60,044 $44,068 $65,000 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJDocument Document 9 525-1 Filed 02/22/18 Filed 02/23/19 Page 18 Page of 37100 PageID# of 246 89 Payee Transaction Originating Account Date Holder Countiyof Origination Amount of Transaction Bade LLC United States Bank Account E 11/25/2014 Global Endeavour Inc. Grenadines 2014 Tax Year Total $120,000 $289,112 MANAFORT And GATES' Hiding Foreign Bank Accounts And False Filings 19. United States citizens who have authority over certainforeign bank accounts—^whether or notthe accounts are setup in thenames of nominees who act for their principals—^have reporting obligations to the United States. 20. First, the Bank Secrecy Act and its implementing regulations require United States citizens to reportto the Treasury any financial interest in, or signatory authority over,any bank account or other financial account held in foreign countries, for every calendar year in which the aggregate balance of all such foreign accounts exceeds $10,000 at any point during the year. This is commonly known as a foreign bank account report or "FBAR." The Bank Secrecy Act requires these reports because they have a high degree of usefiilness in criminal, tax, or regulatory investigations or proceedings. The Treasury's Financial Crimes Enforcement Network (FinCEN) is the custodian for FBAR filings, and FinCEN provides access to its FBAR database to law enforcement entities, including the Federal Bureau of Investigation. The reports filed by individuals and businesses are used by law enforcement to identify, detect, and deter money laundering that furthers criminal enterprise activity, tax evasion, and other unlawful activities. 21. Second, United States citizens also are obligated to report information to the IRS regarding foreign bank accounts. For instance, in 2010, Schedule B of IRS Form 1040 had a "Yes" or "No" boxto record an answer to the question: "At anytime during [the calendar year], did you have an interest in or a signature or otherauthority overa financial account in a foreign country, suchas a 18 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJDocument Document 9 525-1 Filed 02/22/18 Filed 02/23/19 Page 19 Page of 37101 PageID# of 246 90 bank account, securities account, or other financial account?" If the answer was "Yes," then the form required the taxpayer to enterthe name of the foreign country in which the financial account was located. 22. For each year in or about and between 2008 through at least 2014, MANAFORT had authority over foreign accounts that required an FBAR filing. Specifically, MANAFORT was required to report to the Treasury each foreign bank account held by the foreign MANAFORT- GATES entities noted above in paragraph 12 that bears the initials PM. No FBAR filings were made by MANAFORT for these accounts. 23. For each year in or about and between 2010 through at least 2013, GATES had authority over foreign accounts that required an FBAR filing. Specifically, GATES was required to report to the United States Treasury each foreign bank account held by the foreign MANAFORTGATES entities notedabove in paragraph 12that bearsthe initials RG, as wellas United Kingdom Bank AccountsA and B noted in paragraph 18. No FBAR filings were made by GATES for these accounts. 24. Furthermore, in each of MANAFORT's tax filings for 2008 through 2014, MANAFORT, with the assistance of GATES, represented falsely that he did not have authority over any foreign bank accounts. MANAFORT and GATES had repeatedly and falsely represented in writing to MANAFORT's tax preparer that MANAFORT had no authority over foreign bank accounts, knowing that such false representations would result in false tax filings in MANAFORT's name. Forinstance, on October 4,2011, MANAFORT's taxpreparer asked MANAFORT in writing: "At any time during 2010, did you [or your wife or children] have an interest in or a signatureor other authority over a financial account in a foreign country, such as a bank account, securities account or other financial account?" On the same day, MANAFORT falsely responded "NO." 19 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJDocument Document 9 525-1 Filed 02/22/18 Filed 02/23/19 Page 20 Page of 37102 PageID# of 246 91 MANAFORT responded the same way as recently as October 3, 2016, when MANAFORT's tax preparer again emailed the question in connection with the preparation of MANAFORT's tax returns: "Foreign bank accounts etc.?" MANAFORT responded on or about the same day: "NONE." 25. In each of GATES' tax filings for 2010 through 2013, GATES represented falsely that he did not have authority over any foreign bank accounts, GATES had repeatedly and falsely represented to histaxpreparers that hehad no authority over foreign bank accounts, knowing that such false representations would result in false tax filings. As recently as October 2017, in preparation for hisamended 2013 taxfiling, GATES was asked byhistaxpreparer: "Did you have any foreign assets/bank accounts during 2013 or 2014?"to which he responded "no." The Financial Institution Scheme 26. Between in or around 2015 andthe present, both dates being approximate andinclusive, in the Eastern District of Virginia and elsewhere, MANAFORT, GATES, and others devised and intended to devise, and executed and attempted to execute, a scheme and artifice to defraud, and to obtain money and property, by means of false and fraudulent pretenses, representations, and promises, from banks and other financial institutions. As part of the scheme, MANAFORT and GATES repeatedly provided and caused to be provided false information to banks and other lenders, among others. MANAFORT And GATES' Fraud To Access Offshore Monev 27. When they were flush with Ukraine funds, MANAFORT, with the assistance of GATES, used their offshore accounts to purchase and improve real estate in the United States. When the income from Ukraine dwindled in 2014 and 2015, MANAFORT, with the assistance of GATES, obtained millions of dollars in mortgages on the United States properties, thereby allowing 20 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJDocument Document 9 525-1 Filed 02/22/18 Filed 02/23/19 Page 21 Page of 37103 PageID# of 246 92 MANAFORTto have the benefits of liquid income without paying taxes on it. MANAFORT and GATES defrauded the lenders in various ways, including by lying about MANAFORT's and DMI's income, lyingabouttheir debt, and lying about MANAFORT's use of the property andthe loan proceeds. For example, MANAFORT and GATES submitted fabricated profit and loss statements (P&Ls) that inflated income, and they caused others to provide doctored financial documents. A. The Loan From Lender A On The Union Street Prooertv 28. In 2012, MANAFORT, through a corporate vehicle called"MC Brooklyn Holdings, LLC" owned by him and his family, bought a brownstone on Union Street in the Carroll Gardens section of Brooklyn, New York. He paid approximately $3,000,000 in cashfor the property. All of that money came from a MANAFORT-GATES entity in Cyprus. After purchase of the property, MANAFORT began renovations to transform it from a multi-family dwelling into a single-family home. MANAFORT used proceeds of a 2015 loan obtained from a financial institution to make the renovations. In order to obtain that loan, MANAFORT falsely represented to the bank that he did not derive more than 50% of his income/wealth from a country outside the United States. 29. In late 2015 through early 2016, MANAFORT sought to borrow cash against the Union Street property from Lender A. Lender A provided greater loan amounts for "construction loans"—^that is, loans that required the loan funds to be used to pay solely for constructionon the property and thus increase the value ofthe property serving as the loan's collateral. The institution would thus loan money against the expected completedvalue ofthe property, which in the case of the Union Street property was estimated to be $8,000,000. In early 2016, MANAFORT was able to obtain a loan of approximately $5,000,000, after promising Lender A that approximately $1,400,000 of the loan would be used solely for construction on the Union Street property. 21 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJDocument Document 9 525-1 Filed 02/22/18 Filed 02/23/19 Page 22 Page of 37104 PageID# of 246 93 MANAFORT never intended to limit use of the proceeds to construction as required bythe loan contracts and never did. In December 2015, before the loan was made, MANAFORT wrote his tax preparer, among others, that the "construction mortgage will allow me to pay back [another Manafort apartment] mortgage in full. . . ." Further, when the construction loan closed, MANAFORT used hundreds of thousands of dollars for purposes unrelated to the construction of the property. B. The Loan From Lender B On The Howard Street Prooertv 30. In 2012, MANAFORT, through a corporate vehicle called "MC Soho Holdings, LLC" owned by himandhis family, bought a condominium on Howard Street in the Soho neighborhood of Manhattan, New York. He paid approximately $2,850,000. All the money used to purchase the condominium came from MANAFORT-GATES entities in Cyprus. MANAFORT used the property from at least January 2015 through at least August 2017 as an income-generating rental property, charging thousands of dollarsa weekon Airbnb, among otherplaces. On his tax returns, MANAFORT tookadvantage of the beneficial tax consequences of owning this rental property. 31. In late 2015 through early 2016, MANAFORT applied for a mortgageon the Howard Street condominium from Lender B for approximately $3.4 million. Because the bank would permit a greater loanamount if the property wereowner-occupied, MANAFORT falsely represented to the lender and its agents that it was a secondary home used as such by his daughter and son-in-law and was not held as a rental property. In an email on January 6,2016, MANAFORT noted: "[i]n order to have the maximum benefit, I am claiming Howard St. as a second home. Not an investment property." Later, on January 26,2016, MANAFORT wrote to his son-in-law to advise him that when the bank appraiser came to assess the condominium, his son-in-law should "[r]emember, he believes that you and [MANAFORT's daughter] are living there." 22 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJDocument Document 9 525-1 Filed 02/22/18 Filed 02/23/19 Page 23 Page of 37105 PageID# of 246 94 32. MANAFORT, with GATES' assistance, also made a series of false and fraudulent representations to the bank in order to secure the millions of dollars in financing. For example, MANAFORT falsely represented the amount of debthe had by failing to disclose on his loan application the existence of the Lender A mortgage onhis Union Street property. That liability wouldhaveriskedhis qualifying for the loan. Through its own due diligence. Lender B found evidence ofthe existing mortgage on the Union Streetproperty. As a result, Lender B wrote to MANAFORT and GATES that the "application has the following properties as beingownedfree & clear... Union Street," but"[b]ased onthe insurance binders thatwereceived last night, we are showing thatthere are mortgages listed on these properties, can you please clarify[?]" 33. To cover up the falsity of the loan application, GATES, on MANAFORT's behalf, caused an insurance broker to provide Lender B false information, namely, an outdated insurance report thatdidnotlistthe Union Street loan. MANAFORT and GATES knew such a representation was fraudulent. After GATES contacted the insurance broker andasked herto provide Lender B with false information, heupdated MANAFORT byemail onFebruary 24,2016. MANAFORT replied to GATES, on the same day: "good job on the insurance issues." 34. MANAFORT and GATES submitted additional false and fraudulent statements to Lender B. For example, MANAFORT submitted 2014 DMI tax returns to support his 2016 loan application to Lender B. Those tax returns included as a purported liability a $1.5 million loan from Peranova. Peranova was a Cypriot entity controlled by MANAFORT and GATES. On or aboutFebruary 1, 2012, Peranova transferred $1.5 million to a DMIaccount in the United States, denominating thetransfer as a loan so thatMANAFORT would nothave to declare themoney as income. MANAFORT usedthe "loan" to acquire the Howard Street property. 35. When MANAFORT needed to obtain a loan from Lender B, the existence of the Peranova 23 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJDocument Document 9 525-1 Filed 02/22/18 Filed 02/23/19 Page 24 Page of 37106 PageID# of 246 95 "loan" undermined hiscreditworthiness. As a result of the listed Peranova liability, Lender B was not willing to make the loan to MANAFORT. To circumvent this issue, MANAFORT and GATES caused MANAFORT's tax accountant to send to Lender B back-dated documentation that falsely stated that the $1.5 million Peranova loan had been forgiven in 2015, and falsely inflated income for 2015 to mask MANAFORT's 2015 drop in income. 36. In March 2016, Lender B approved the loan in the amount of approximately $3.4 million (the $3.4 million loan). C. The Loan From Lender C 37. In approximately February 2016, MANAFORT applied for a business loan from Lender C. MANAFORT made a series of false statements to Lender C. For example, MANAFORT submitted a false statement of assets and liabilities that failed to disclosed the Lender A loan on theUnion Street property andmisrepresented, among other things, the amount ofthe mortgage on the Howard Street property. 38. Further, in approximately March 2016, MANAFORT and GATES submitted a doctored 2015 DMI P&L that overstated DMI's 2015 income by more than $4 million. GATES asked DMI's bookkeeper to sendhim a "WordDocument version of the 2015 P&L for [DMI]" because MANAFORT wanted GATES "to add the accrual revenue which we have not received in order to send to [Lender C]." The bookkeeper said she could send a .pdf version ofthe P&L. GATES then asked the bookkeeper to increase the DMI revenue, falsely claiming that: "[w]e have $2.4m in accrued revenue that [MANAFORT] wants added to the [DMI] 2015 income. Can you make adjustments on your endandthenjust send mea newscanned version[?]" The bookkeeper refused since the accounting method DMI used did not permit recording income before it was actually received. 24 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJDocument Document 9 525-1 Filed 02/22/18 Filed 02/23/19 Page 25 Page of 37107 PageID# of 246 96 39. Having failed to secure a falsified P&L from the bookkeeper, GATES falsified the P&L. GATES wrote to MANAFORT and another conspirator, "I am editing Paul's 2015 P&L statement." GATES then sent the altered P&L to Lender C, which claimed approximately $4.45 million in net income, whereas the true P&L had less than $400,000 in net income. D. The Loan From Lender B On The Union Street Property 40. In March 2016, MANAFORT, with the assistance of GATES and others, applied fora $5.5 million loan from Lender B on the Union Street property. As part of the loan process, MANAFORT submitted a false statement of assets and liabilities that hid his prior loan from Lender A on the Union Street property, among other liabilities. In addition, another conspirator on MANAFORT's behalf submitted a falsified 2016 DMI P&L. The falsified 2016 DMI P&L overstated DMI's income by more than $2 million, which was the amount that Lender B told MANAFORT he needed to qualify for the loan. When the document was first submitted to Lender B, a conspirator working at Lender B replied: "Looks Dr'd. Can't someone just do a clean excel doc and pdf to me??" A subsequent version was submitted to the bank. E. The Loans From Lender D On The Bridgehampton And Union Street Properties 41. In 2016, MANAFORT soughta mortgage on property in Bridgehampton, New York from a financial institution. In connection with hisapplication, MANAFORT falsely represented to the bank that DMI would be receiving $2.4 million in income later in the year for work on a "democratic development consulting project." To support this representation, GATES, on MANAFORT's behalf, provided the bank with a fake invoice for $2.4 million, directed "To Whom It May Concern," for "[s]ervices rendered per the consultancy agreement pertaining to the parliamentary elections." The bank, unwilling to rely on the invoice to support MANAFORT's stated 2016 income, requested additional information. The bank was unable to obtain satisfactory 25 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJDocument Document 9 525-1 Filed 02/22/18 Filed 02/23/19 Page 26 Page of 37108 PageID# of 246 97 supportfor the stated income, and the loan application was denied. 42. MANAFORT applied to a second bank, Lender D. Between approximately July 2016 and January 2017, MANAFORT, with the assistance of GATES, sought and secured approximately $16,000,000 in two loans from Lender D. MANAFORT used the Bridgehampton property as collateral for one loan, and the Union Streetproperty for the other. 43. MANAFORT and GATES made numerous false and fraudulent representations to secure the loans. For example, MANAFORT provided the bank with doctored P&Ls for DMI for both 2015 and 2016, overstating its income by millions of dollars. The doctored 2015 DMI P&L submitted to Lender D was the same false statement previously submitted to Lender C, which overstated DMI's income bymore than $4million. The doctored 2016 DMI P&L was inflated by MANAFORT by more than $3.5 million. To create the false 2016 P&L, on or about October 21, 2016, MANAFORT emailed GATES a .pdf version of the real 2016 DMI P&L, which showed a loss of more than $600,000. GATES converted that .pdf into a "Word" document so that it could be edited, which GATES sent back to MANAFORT. MANAFORT altered that "Word" document by adding more than $3.5 million in income. He then sent this falsified P&L to GATES and asked that the "Word" document be converted back to a .pdf, which GATES did and returned to MANAFORT. MANAFORT then sent the falsified 2016DMI P&L .pdfto Lender D. 44. In addition. Lender D questioned MANAFORT about a $300,000 delinquency on his American Express card, which was more than 90 days past due. The delinquency significantly affected MANAFORT's credit rating score. MANAFORT falsely represented to Lender D that he had lent his credit card to a friend, GATES, who had incurred the charges and had not reimbursed him. MANAFORT supplied Lender D a letter from GATES that falsely stated that 26 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJDocument Document 9 525-1 Filed 02/22/18 Filed 02/23/19 Page 27 Page of 37109 PageID# of 246 98 GATES had borrowed MANAFORT's credit card to make the purchases at issue and would pay him back by a date certain. Statutory Allegations COUNTS ONE THROUGH FTVR (Subscribing to False United States Individual Income Tax Returns For 2010-2014 Tax Years) 45. Paragraphs 1 through 44 are incorporated here. 46. On or about the dates specified below, in the Eastern District of Virginia and elsewhere, defendant PAUL J. MANAFORT, JR., willfully and knowingly did make and subscribe, and aid and abet and cause to be made and subscribed. United States Individual Income Tax Returns, Forms 1040 and Schedule B, for the tax years set forth below, which returns contained and were verified bythe written declaration ofMANAFORT that they were made under penalties ofpeijury, and which returns MANAFORT didnotbelieve to betrue and correct as to every material matter, inthat the returns (a) claimed that MANAFORT did not have a fmancial interest in and signature and other authority over a financial account in a foreign country and (b) failed to report income, whereas MANAFORT then and there well knew and believed that he had a financial interest in, and signature and other authority over, bank accounts in a foreign country and had earned total income in excess of the reported amounts noted below: COUNT TAX APPROX. FILING FOREIGN ACCOUNT TOTAL INCOME YEAR DATE REPORTED REPORTED (Sch. B, Line 7a) (Line 22) $504,744 $3,071,409 $5,361,007 $1,910,928 $2,984,210 1 2010 2 2011 3 2012 4 2013 5 2014 October 14,2011 October 15, 2012 October 7,2013 October 6,2014 October 14,2015 None None None None None (26 U.S.C. § 7206(1); 18 U.S.C. §§ 2 and 3551 etsea.^ 27 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJDocument Document 9 525-1 Filed 02/22/18 Filed 02/23/19 Page 28 Page of 37110 PageID# of 246 99 COUNTS SIX THROUGH TEN (Assisting in the Preparation of False United States Individual Income Tax Returns For 2010-2014 Tax Years) 47. Paragraphs 1 through 44 are incorporated here. 48. On or about the dates specified below, in the Eastern District of Virginia and elsewhere, defendant RICHARD W. GATES III willfully and knowingly did aid and assist in, and procure, counsel, and advise the preparation and presentation to the Internal Revenue Service, of a United States Individual Income Tax Return, Form 1040 and Schedule B, of PAUL J. MANAFORT, JR., for the tax years set forth below, which returns were false and fraudulent as to a material matter, inthat the returns (a) claimed that MANAFORT did not have a financial interest in, and signature and other authority over, a financial account in a foreign country and (b) failed to report income, whereas GATES then and there well knew and believed that MANAFORT had a financial interest in, andsignature andother authority over, bank accounts in a foreign country andhadearned total income in excess of the reported amounts noted below: COUNT TAX APPROX. FILING YEAR DATE 6 2010 7 2011 8 2012 9 2013 10 2014 FOREIGN ACCOUNT REPORTED TOTAL INCOME REPORTED (Sch. B, Line 7a) (Line 22) $504,744 $3,071,409 $5,361,007 $1,910,928 $2,984,210 October 14, 2011 October 15, 2012 October 7, 2013 October 6, 2014 October 14, 2015 None None None None None (26 U.S.C. § 7206(2); 18 U.S.C. § 3551 etsea.) COUNTS ELEVEN THROUGH FOURTEEN (Failure To File Reports Of Foreign Bank And Financial Accounts For Calendar Years 2011-2014) 49. Paragraphs 1 through 44 are incorporated here. 50. On the filing due dates listed below, in the Eastern District of Virginia and elsewhere, 28 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 9 Filed 525-102/22/18 Filed 02/23/19 Page 29Page of 37111 PageID# of 246100 defendant PAUL J. MANAFORT, JR., unlawfully, willfully, and knowingly did fail to file with the Treasury an FBAR disclosing that he had a financial interest in, and signature and other authority over, a bank, securities, and other financial account in a foreign country, which had an aggregate value of more than $10,000 in a 12-month period, during the years listed below: COUNT YEAR 11 2011 12 2012 13 2013 14 2014 DUE DATE TO FILE FBi^ June June June June 29,2012 30,2013 30,2014 30, 2015 (31 U.S.C. §§ 5314 and 5322(a); 18 U.S.C. §§ 2 and 3551 etseo.^ COUNTS FIFTEEN THROUGH NINETEEN (Subscribing to False United States Individual Income Tax Returns For 2010-2014 Tax Years) 51. Paragraphs 1 through 44 are incorporated here. 52. On or about the dates specified below, in the Eastern District of Virginia and elsewhere, defendant RICHARD W. GATES III willfully and knowingly did makeand subscribe, and aidand abet and cause to be made and subscribed, United States Individual Income Tax Returns, Forms 1040 and Schedule B, for the tax years set forth below, which returns contained and were verified by the written declaration of defendant GATES that they were made under penalties of perjury, and which returns defendant GATES did not believe to be true and correct as to every material matter, inthatthereturns (a)claimed thatGATES did nothave a financial interest in,and signature and other authority over, a financial account in a foreign country and (b) failed to report income, whereas GATES then and there well knew and believed that he had a financial interest in, and signature and other authority over, a financial account in a foreign country and had earned total income in excess of the reported amounts noted below: 29 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 9 Filed 525-102/22/18 Filed 02/23/19 Page 30Page of 37112 PageID# of 246101 COUNT TAX APPROX. FILING FOREIGN ACCOUNT YEAR DATE REPORTED TOTAL INCOME REPORTED (Sch. B, Line 7a) 15 2010 16 2011 17 2012 18 2013 19 2014 July 26, 2011 October 11,2012 October 15, 2013 October 15, 2014 October 14,2015 None None None None None (Line 22) $194,257 $250,307 $365,646 $307,363 $292,892 (26 U.S.C. § 7206(1); 18 U.S.C, §§ 2 and 3551 et sea.) COUNT TWENTY (Subscribing to a False Amended United States Individual Income Tax Retum For 2013 Tax Year) 53. Paragraphs 1 through 44 are incorporated here. 54. On or about October 25,2017, in the Eastern District of Virginia and elsewhere, defendant RICHARD W. GATES III willfully and knowingly did make and subscribe, and aid and abet and cause another to make andsubscribe, a United States Individual Income Tax Retum, Form 1040X, for the 2013 tax year, which retum contained and was verified by the written declaration of defendant GATES that it was madeunderpenalties of perjury, and whichretum defendant GATES did not believe to be tme and correct as to every material matter, inthat the retum failed to report income, whereas GATES then and there well knew and believed that hehad eamed adjusted gross income in excess of the reported amount on Line IC, to wit: $292,055. (26 U.S.C. § 7206(1); 18 U.S.C. §§ 2 and 3551 etseq.) COUNTS TWENTY-ONE THROUGH TWENTY-THREE (Failure To File Reports Of Foreign Bank And Financial Accounts For Calendar Years 2011-2013) 55. Paragraphs 1 through 44 are incorporated here. 56. On the filing due dates listed below, in the Eastem District of Virginia and elsewhere, defendant RICHARD W. GATES III unlawfully, willfully, and knowingly did fail to file with the 30 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 9 Filed 525-102/22/18 Filed 02/23/19 Page 31Page of 37113 PageID# of 246102 Treasury an FBAR disclosing that he had a financial interest in, and signature authority over, a bank, securities, and other financial account in a foreign country, which had an aggregate value of more than $10,000 in a 12-month period, during the years listedbelow: COUNT YEAR DUE DATE TO FILE FBAR 21 2011 June 29, 2012 22 2012 June 30,2013 23 2013 June 30, 2014 (31 U.S.C. §§ 5314 and 5322(a); 18 U.S.C. §§ 2 and 3551 et sea.^ COUNT TWENTY-FOUR (Bank Fraud Conspiracy / Lender B / $3.4million loan) 57. Paragraphs 1 through 44 are incorporated here. 58. On or about and between December 2015 and March 2016, both dates being approximate and inclusive, in the Eastern District of Virginia and elsewhere, defendants PAUL J. MANAFORT, JR., and RICHARD W. GATES III did knowingly and intentionally conspire to execute a scheme and artifice to defraud one or more financial institutions, to wit: Lender B, the deposits of which were insured by the Federal Deposit Insurance Corporation, and to obtain moneys, funds, and credits owned by and under the custody and control ofsuch financial institution by means of materially false and fraudulent pretenses, representations, and promises, contrary to Title 18, United States Code, Section 1344. (18 U.S.C. §§ 1349 and 3551 et sea.^ COUNT TWENTY-FIVE (Bank Fraud / Lender B / $3.4 million loan) 59. Paragraphs 1 through 44 are incorporated here. 60. On or about and between December 2015 and March 2016, both dates being approximate 31 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 9 Filed 525-102/22/18 Filed 02/23/19 Page 32Page of 37114 PageID# of 246103 and inclusive, in the Eastern District of Virginia and elsewhere, defendants PAUL J. MANAFORT, JR., and RICHARD W. GATES III did knowingly and intentionally execute and attempt to execute a scheme and artifice to defraud one or more financial institutions, to wit: Lender B, the deposits ofwhich were insured by the Federal Deposit Insurance Corporation, and toobtain moneys, funds, and credits owned by and under the custody and control ofsuch financial institution by means ofmaterially false and fraudulent pretenses, representations, and promises. (18 U.S.C. §§ 1344,2, and 3551 et sea.) COUNT TWENTY-SIX (Bank Fraud Conspiracy / Lender C / $1 million loan) 61. Paragraphs 1 through 44 are incorporated here. 62. On or about and between March 2016 and May 2016, both dates being approximate and inclusive, in the Eastern District of Virginia and elsewhere, defendants PAUL J. MANAFORT, JR., and RICHARD W. GATES IIIdidknowingly and intentionally conspire to execute a scheme and artifice to defi-aud one or more financial institutions, to wit: Lender C, the deposits ofwhich were insured by the Federal Deposit Insurance Corporation, and to obtain moneys, funds, and credits owned by and under the custody and control of such financial institution by means of materially false and fi-audulent pretenses, representations, and promises, contrary to Title 18, United States Code, Section 1344. (18 U.S.C. §§ 1349 and 3551 etseq.) COUNT TWENTY-SEVEN (Bank Fraud/ LenderC / $1 million loan) 63. Paragraphs 1 through 44 are incorporated here. 64. On or about and between December 2015 and March 2016, both dates being approximate and inclusive, in the Eastern District of Virginia and elsewhere, defendants PAUL J. 32 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 9 Filed 525-102/22/18 Filed 02/23/19 Page 33Page of 37115 PageID# of 246104 MANAFORT, JR., and RICHARD W. GATES III did knowingly and intentionally execute and attempt to execute a scheme and artifice to defraud one or more financial institutions, to witi Lender C, the deposits ofwhich were insured by the Federal Deposit Insurance Corporation, and to obtain moneys, funds, and credits owned byand under the custody and control ofsuch financial institution by means ofmaterially false and fraudulent pretenses, representations, and promises. (18 U.S.C. §§ 1344,2, and 3551 etsea.^ COUNT TWENTY-EIGHT (Bank Fraud Conspiracy / Lender B / $5.5 million loan) 65. Paragraphs 1 through44 are incorporated here. 66. On orabout and between March 2016 and August 2016, both dates being approximate and inclusive, in the Eastern District of Virginia and elsewhere, defendants PAUL J. MANAFORT, JR., and RICHARD W. GATES IIIdidknowingly and intentionally conspire to execute a scheme and artifice to defiraud one or more financial institutions, to wit: Lender B, the deposits of which were insured by the Federal Deposit Insurance Corporation, and to obtain moneys, funds, and credits owned by and under the custody and control of such financial institution by means of materially false and fraudulent pretenses, representations, and promises, contrary to Title 18, United States Code, Section 1344. (18 U.S.C. §§ 1349 and 3551 etseq.^ COUNT TWENTY-NINE (Bank Fraud Conspiracy / Lender D / $9.5 million loan) 67. Paragraphs 1 through 44 are incorporated here. 68. On or about and between April 2016 and November 2016, both dates being approximate and inclusive, in the Eastern District of Virginia and elsewhere, defendants PAUL J. MANAFORT, JR., and RICHARD W. GATES III did knowingly and intentionally conspire to 33 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 9 Filed 525-102/22/18 Filed 02/23/19 Page 34Page of 37116 PageID# of 246105 execute a scheme and artifice to dejfraud one or more financial institutions, to wit: Lender D, the deposits of which were insured by the Federal Deposit Insurance Corporation, and to obtain moneys, funds, and credits owned byand under thecustody and control ofsuch financial institution by means ofmaterially false and fi-audulent pretenses, representations, and promises, contrary to Title 18, United States Code, Section 1344. (18 U.S.C. §§ 1349 and 3551 et seq.") COUNT THIRTY (Bank Fraud / Lender D / $9.5 million loan) 69. Paragraphs 1 through 44 are incorporated here. 70. On or about and between April 2016 and November 2016, both dates being approximate and inclusive, in the Eastern District of Virginia and elsewhere, defendants PAUL J, MANAFORT, JR., and RICHARD W. GATES III did knowingly and intentionally execute and attempt to execute a scheme and artifice to defraud one or more financial institutions, to wit: Lender D, the deposits of which were insured by the Federal Deposit Insurance Corporation, and to obtain moneys, funds, andcredits owned byand under thecustody and control of such financial institution by means ofmaterially false and firaudulent pretenses, representations, and promises. (18 U.S.C. § 1344, 2, and 3551 et sea.^ COUNT THIRTY-ONE (Bank Fraud Conspiracy / Lender D / $6.5 million loan) 71. Paragraphs 1 through 44 are incorporated here. 72. On or about and between April 2016 and January 2017, both dates being approximate and inclusive, in the Eastern District of Virginia and elsewhere, defendants PAUL J. MANAFORT, JR., and RICHARD W. GATES IIIdidknowingly and intentionally conspire to execute a scheme and artifice to defraud one or more financial institutions, to wit: Lender D, the deposits of which 34 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 9 Filed 525-102/22/18 Filed 02/23/19 Page 35Page of 37117 PageID# of 246106 were insured by the Federal Deposit Insurance Corporation, and to obtain moneys, funds, and credits owned by and under the custody and control of such financial institution by means of materially false and fraudulent pretenses, representations, and promises, contrary to Title 18, United States Code, Section 1344. (18 U.S.C. §§ 1349 and 3551 et seq.) COUNT THIRTY-TWO (Bank Fraud / Lender D / $6.5 million loan) 73. Paragraphs 1 through 44 are incorporated here. 74. On or about and between April 2016 and January 2017, both dates being approximate and inclusive, in the Eastern District ofVirginia and elsewhere, defendants PAUL J. MANAFORT, JR., and RICHARD W. GATES III did knowingly and intentionally execute and attempt to execute ascheme and artifice to defraud one or more financial institutions, to wit: Lender D, the deposits ofwhich were insured by the Federal Deposit Insurance Corporation, and to obtain moneys, funds, and credits owned by and under the custody and control ofsuch financial institution by means of materially false and fraudulent pretenses, representations, and promises. (18 U.S.C. §§ 1344,2, and3551 et seq.'^ FORFEITURE NOTICF 75. Pursuant to Fed. R. Crim. P. 32.2, notice is hereby given to the defendants that the United States will seek forfeiture as part ofany sentence in accordance with Title 18, United States Code, Section 982(a)(2), in the event ofthe defendants' convictions under Counts Twenty-Four through Thirty-Two ofthis Superseding Indictment. Upon conviction ofthe offenses charged in Counts Twenty-Four through Thirty-Two, defendants PAUL J. MANAFORT, JR., and RICHARD W. GATES III shall forfeit to the United States any property constituting, or derived from, proceeds 35 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 9 Filed 525-102/22/18 Filed 02/23/19 Page 36Page of 37118 PageID# of 246107 obtained, directly or indirectly, as aresult ofsuch violation(s). Notice is further given that, upon conviction, the United States intends to seek ajudgment against each defendant for asum ofmoney representing the property described in this paragraph, as applicable to each defendant (to be offset by the forfeiture ofany specific property). 76. The grand jury finds probable cause to believe that the property subject to forfeiture by PAUL J. MANAFORT, JR., includes, but is not limited to, the following listed assets.* a. All funds held in account number XXXXXX0969 at Lender D, and any property traceable thereto. Substitute Assets 77. Ifany ofthe property described above as being subject to forfeiture, as aresult ofany act or omission of any defendant a. cannot be located upon the exercise of due diligence; b. has been transferred or sold to, or deposited with, athird party; c. has been placed beyond thejurisdiction of thecourt; d. has beensubstantially diminished in value; or e. has been commingled with other property thatcannot besubdivided without difficulty; itis the intent ofthe United States ofAmerica, pursuant to Title 18, United States Code, Section 982(b) and Title 28, United States Code, Section 2461(c), incorporating Title 21, United States Code, Section 853, to seek forfeiture of any other property of said defendant. (18U.S.C. §982) 36 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 9 Filed 525-102/22/18 Filed 02/23/19 Page 37Page of 37119 PageID# of 246108 Robert S. Mufeller, ffl Special Counsel Department ofJustice A TRUE BILL: eE-G( hispat illicCWsOfficc: Foreperson Date: February 22,2018 37 Case Document 525-1 Filed 02/23/19 Page 120 of 246 ATTACHMENT Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 280 525-1 Filed 08/21/18 Filed 02/23/19 Page Page 1 of 3 121 PageID# of 2466015 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 280 525-1 Filed 08/21/18 Filed 02/23/19 Page Page 2 of 3 122 PageID# of 2466016 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 280 525-1 Filed 08/21/18 Filed 02/23/19 Page Page 3 of 3 123 PageID# of 2466017 Case Document 525-1 Filed 02/23/19 Page 124 of 246 ATTACHMENT CaseCase 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 1Page of 27125 PageID# of 2466856 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION UNITED STATES OF AMERICA v. Crim. No. 1:18-cr-83 (TSE) PAUL J. MANAFORT, JR., Defendant. THE GOVERNMENT’S SENTENCING MEMORANDUM The United States of America, by and through Special Counsel Robert S. Mueller, III, files this submission to address the sentencing of defendant Paul J. Manafort, Jr. As an initial matter, the government agrees with the guidelines analysis in the Presentence Investigation Report (PSR) and its calculation of the defendant’s Total Offense Level as 38 with a corresponding range of imprisonment of 235 to 293 months, a fine range of $50,000 to $24,371,497.74, a term of supervised release of up to five years, restitution in the amount of $24,815,108.74, and forfeiture in the amount of $4,412,500. Second, while the government does not take a position as to the specific sentence to be imposed here, the government sets forth below its assessment of the nature of the offenses and the characteristics of the defendant under Title 18, United States Code, Section 3553(a). The defendant stands convicted of the serious crimes of tax fraud, bank fraud, and failing to file a foreign bank account report. Manafort was the lead perpetrator and a direct beneficiary of each offense. And while some of these offenses are commonly prosecuted, there was nothing ordinary about the millions of dollars involved in the defendant’s crimes, the duration of his CaseCase 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 2Page of 27126 PageID# of 2466857 criminal conduct, or the sophistication of his schemes.1 Together with the relevant criminal conduct, Manafort’s misconduct involved more than $16 million in unreported income resulting in more than $6 million in federal taxes owed, more than $55 million hidden in foreign bank accounts, and more than $25 million secured from financial institutions through lies resulting in a fraud loss of more than $6 million. Manafort committed these crimes over an extended period of time, from at least 2010 to 2016. His criminal decisions were not momentary or limited in time; they were routine. And Manafort’s repeated misrepresentations to financial institutions were brazen, at least some of which were made at a time when he was the subject of significant national attention. Neither the Probation Department nor the government is aware of any mitigating factors. Manafort did not commit these crimes out of necessity or hardship. He was well educated, professionally successful, and financially well off. He nonetheless cheated the United States Treasury and the public out of more than $6 million in taxes at a time when he had substantial resources. Manafort committed bank fraud to supplement his liquidity because his lavish spending exhausted his substantial cash resources when his overseas income dwindled. Finally, Manafort pled guilty in September 2018 in the United States District Court for the District of Columbia to others crimes committed over an even longer period. The government references those crimes below principally as they pertain to the Section 3553(a) factors and, in particular, because they demonstrate the defendant’s concerted criminality, including the conduct to which he pled guilty, from as early as 2005 and continuing up until the Manafort was being investigated prior to the May 2017 appointment of the Special Counsel by prosecutors in this district and the Criminal Division of the Department of Justice. See Motion Hearing Tr., May 4, 2018, at 4. 1 2 CaseCase 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 3Page of 27127 PageID# of 2466858 defendant’s involvement in an obstruction of justice conspiracy between February 23, 2018 and April 2018—a crime Manafort committed while under indictment in two jurisdictions and subject to court-ordered bail conditions in each. The District of Columbia offenses are also relevant to the application of § 2S1.3(b)(2) of the Sentencing Guidelines to the FBAR offenses and to the issue of acceptance of responsibility, as discussed below. In the end, Manafort acted for more than a decade as if he were above the law, and deprived the federal government and various financial institutions of millions of dollars. The sentence here should reflect the seriousness of these crimes, and serve to both deter Manafort and others from engaging in such conduct. I. Procedural History On February 22, 2018, a grand jury sitting in the Eastern District of Virginia returned a 32-count Superseding Indictment charging Manafort and co-defendant Richard Gates with a series of crimes involving tax fraud, failure to file foreign bank account reports, and bank fraud. Superseding Indictment, Feb. 2, 2019, Doc. 9. The defendant proceeded to trial on July 31, 2018 and, on August 21, the jury convicted the defendant on eight counts: Counts 1 through 5 (filing false income tax returns for the years 2010 to 2014); Count 12 (failing to file a report of foreign bank and financial accounts (FBAR) in 2012), and Counts 25 and 27 (bank fraud relating to a Citizens Bank loan for the Howard Street property in New York, and a Banc of California commercial loan, respectively). The jury did not reach a verdict on the remaining ten counts.2 The Jury Verdict Form indicated that the jury voted eleven to one in favor of guilt on all ten counts for which it did not reach a verdict. See Jury Verdict Form, Aug. 21, 2018, Doc. 280. 2 3 CaseCase 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 4Page of 27128 PageID# of 2466859 II. Trial Evidence Given the Court’s familiarity with the trial evidence, the government only briefly outlines it below. A. Tax Charges Manafort’s tax returns were false as to the stated income and the fact that in each year Manafort failed to report the existence of his overseas bank accounts. The government proved Manafort’s unreported income through a series of payments from his overseas accounts to vendors for various goods and services and for the purchase and improvement of real estate in New York and Virginia.3 FBI Forensic Accountant Morgan Magionos traced each wire transfer, detailing the banks and accounts over the period from 2010 to 2014, and calculated the total The evidence supporting the false returns included both testimony and documentary evidence. Eight vendors testified about receiving payments from overseas accounts for goods, services, or real estate purchased by the defendant in the United States. See Trial Tr. at 285-312 (Testimony of Maximillian Katzman from Alan Couture); id. at 312-29 (Testimony of Ronald Wall from House of Bijan); id. at 33949 (Testimony of Daniel Opsut from American Service Center/Mercedes-Benz of Alexandria); id. at 34959 (Testimony of Wayne Holland from McEnearney Associates); id. at 361-91 (Testimony of Stephen Jacobson from SP&C Home Improvement); id. at 393-410 (Testimony of Doug DeLuca from Federal Stone and Brick); id. at 435-461 (Testimony of Joel Maxwell from Big Picture Solutions); id. at 469-91 (Testimony of Michael Regolizio from New Leaf Landscape). This testimony was corroborated by invoices, banks statements, emails, and other documentary evidence. See, e.g., Government Exhibit 94A (SP&C Home Improvement Invoices 2010-2014); Government Exhibit 95A (SP&C Home Improvement Bank Records); Government Exhibit 97A (Alan Couture Invoices 2010-2014); Government Exhibit 98 (Alan Couture Bank Records); Government Exhibit 99 (March 21, 2011 Email from Manafort to M. Katzman). Evidence with respect to six additional vendors and three real estate purchases, and supporting documentation, was admitted by stipulation. See e.g., Government Exhibit 327 (Stipulation Regarding Aegis Holdings, LLC); Government Exhibit 329 (Stipulation Regarding J&J Oriental Rug Gallery); Government Exhibit 332 (Stipulation Regarding Don Beyer Motors, Inc.); Government Exhibit 334 (Stipulation Regarding Sabatello Construction of Florida, Inc.); Government Exhibit 335 (Stipulation Regarding Scott L. Wilson Landscaping & Tree Specialists, Inc.); Government Exhibit 336 (Stipulation Regarding Sensoryphile, Inc.); Government Exhibit 328 (Stipulation Relating to the Purchase of 377 Union Street, Brooklyn, New York); Government Exhibit 330 (Stipulation Relating to the Purchase of 29 Howard Street #4, New York, New York); Government Exhibit 331 (Stipulation Relating to the Purchase of 1046 N. Edgewood Street, Arlington, Virginia). 3 4 CaseCase 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 5Page of 27129 PageID# of 2466860 amount to be $15,571,046, as reflected on Government Exhibit 72 (attached as Exhibit A).4 Additionally, the government proved that Manafort further misrepresented his income by falsely characterizing certain income as loans.5 IRS Revenue Agent Michael Welch testified that Manafort failed to report more than $16 million in income on line 22 of his tax returns during tax years 2010 through 2014, as documented in Government Exhibit 77 (attached as Exhibit B).6 Welch also testified that Manafort failed to identify any of his foreign bank accounts on Schedule B, Line 7A for the years from 2010 to 2014.7 The IRS has determined that Manafort owed $6,164,032 in taxes for his unreported income. See PSR, ¶ 36. B. FBAR Charges Manafort was found guilty of the Count 12 FBAR charge relating to 2012. Under the Sentencing Guidelines the FBAR charges in Counts 11, 13 and 14, for the years 2011, 2013, and 2014, respectively, constitute relevant conduct. See PSR, ¶ 75. FBI Forensic Accountant Magionos, using a series of charts, testified that Manafort maintained 31 overseas accounts in three countries and listed the aggregate maximum value in those accounts in each year from 2011 to 2014 as reflected on the following exhibits:8  Government Exhibit 73B documented the aggregate maximum value of foreign bank accounts controlled by Manafort in 2011 that totaled approximately $8.3 million; See Trial Tr. at 1617-20 (Testimony of Morgan Magionos). 4 See Trial Tr. at 903-06 (Cindy LaPorta testified that Gates proposed changing the amount of Manafort’s alleged loans to reduce his total taxable income); see id. at 1107-09 (Gates testified that at Manafort’s direction he instructed Manafort’s bookkeeper and tax preparers to treat certain income as loans to avoid paying taxes on the income). 5 See Trial Tr. at 1679-82 (Testimony of Michael Welch). 6 Id. at 1695-97. 7 See Trial Tr. at 1620-24 (Testimony of Morgan Magionos). 8 5 CaseCase 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 6Page of 27130 PageID# of 2466861  Government Exhibit 73C documented the aggregate maximum value of foreign bank accounts controlled by Manafort in 2012 that totaled approximately $25.7 million;  Government Exhibit 73D documented the aggregate maximum value of foreign bank accounts controlled by Manafort in 2013 that totaled approximately $18.7 million;  Government Exhibit 73E documented the aggregate maximum value of foreign bank accounts in 2014 that totaled approximately $2.7 million.9 Copies of Government Exhibits 73B, 73C, 73D and 73E are attached as Exhibit C. C. Bank Frauds The jury convicted Manafort of the two bank fraud schemes charged in Counts 25 and 27. Manafort sought both loans at a time when he was no longer receiving income from Ukraine. Count 25 charged Manafort with defrauding Citizens Bank of $3.4 million relating to a loan for property on Howard Street in New York, New York. As part of that fraud, the government proved at trial that the defendant made, or caused to be made, the following three material false statements between December 2015 and March 2016: (1) that the Howard Street residence was his second home; (2) that a $1.5 million dollar loan from a Cyprus entity named Peranova had been forgiven in the prior year; and (3) that there was no mortgage on Manafort’s Union Street property in Brooklyn, New York.10 Two bank witnesses, Manafort’s tax preparer and bookkeeper, and Rick Gates testified to the details of the charged scheme. Their testimony Special Agent Paula Liss from the Financial Crimes Enforcement Network testified that no FBAR reports were filed by Manafort or his related entities in the relevant time period. See Trial Tr. at 1080-81; 2293-94. 9 See Trial Tr. at 2409 (government summation identifying false statements relating to the Counts 24 and 25 Citizens Bank fraud/conspiracy charges involving the Howard Street property). 10 6 CaseCase 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 7Page of 27131 PageID# of 2466862 was corroborated by a series of emails, tax returns, and insurance documents, among other documentary evidence.11 Manafort was also convicted, in Count 27, of defrauding the Banc of California with respect to a $1 million dollar commercial loan. The government proved at trial that the defendant made, or caused to be made, the following material false statements: (1) omitting to report his Howard Street mortgage on his loan application; and (2) submitting a materially false 2015 DMP Profit and Loss Statement.12 Among other evidence, Washkuhn and Gates testified about the false DMP Profit and Loss Statements submitted to the bank, with Gates explaining the various emails in which Manafort directed him to manipulate the relevant financial statement.13 Melinda James (née Francis) from Citizens Bank testified that Manafort represented the Howard Street property to be a second home and that Manafort represented that there was no mortgage on the Union Street property. See Trial Tr. at 1747, 1755. Tax preparer Cindy LaPorta testified about her representations relating to the Peranova loan to Citizens Bank, nothwithstanding the fact that she had concerns it was never a loan at all, see Trial Tr. at 944-59, as did Gates, who also noted that money from Peranova was income and was never a loan, see Trial Tr. at 1297-1308. Bookkeeper Heather Washkuhn testified that at the time of the Howard Street loan, there was a mortgage on the Union Street property. See Trial Tr. at 596-601. The supporting documentary evidence included the following: Government Exhibit 227 (Manafort’s bank application identifying the Howard Street property as a second residence); Government Exhibit 337L (2015 MC Soho Tax Return reporting $115,987 in rental income for Howard Street apartment); Government Exhibit 337M (2016 MC Soho Tax Return reporting $108,000 in rental income for Howard Street apartment); Government Exhibit 127 (February 5, 2015 email relating to rental income from the Howard Street apartment); Government Exhibit 503 (March 12, 2016 email relating to rental earnings generated from the Howard Street property); Government Exhibit 422 (January 26, 2016 email from Manafort to his son-in-law reminding him that the appraiser is coming to the Howard Street apartment, who believes that the son-in-law and his wife live in the apartment); Government Exhibit 118 (Airbnb records relating to the rental of the Howard Street apartment); Government Exhibit 500 (Stipulation regarding Genesis Capital mortgage on Union Street Property). 11 See Trial Tr. at 2418-21 (government summation identifying false statements relating to the Counts 26 and 27 Banc of California commercial loan fraud/conspiracy). 12 Gates testified that at Manafort’s direction he altered the 2015 DMP Profit and Loss Statement that was ultimately sent to the Banc of California. See Trial Tr. at 1317-26. Washkuhn testified to the falsity of the submitted 2015 DMP Profit and Loss Statement. See Trial Tr. at 601-19. The supporting documentary evidence included among other evidence: Government Exhibit 140 (March 16, 2016 emails between Gates and Washkuhn involving the 2015 DMP Profit and Loss Statement); Government Exhibit 392 (March 16, 2016 email between Manafort and Gates involving the 2015 DMP Profit and Loss Statement); and Government Exhibit 298 (March 16, 2016 email from Manafort to Perris Kaufman 13 7 CaseCase 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 8Page of 27132 PageID# of 2466863 With respect to the three other bank frauds for which the jury failed to reach a verdict, one involving a $5.5 million loan from Citizens Bank (charged only as a conspiracy) and two involving loans from The Federal Savings Bank, one for $9.5 million and the other for $6.5 million, respectively, the defendant admitted to his involvement in each of these bank frauds as part of his guilty plea in the District of Columbia.14 The evidence at trial established those same facts through witness testimony and documentary evidence.15 With respect to the Union Street loan conspiracy involving Citizens Bank, charged in Count 28, Manafort pledged his property at 377 Union Street in Brooklyn, New York. At the attaching false 2015 DMP Profit and Loss Statement). Gary Seferian, Senior Vice President of the Managed Assets Group at the Banc of California, testified about the loan process and the materiality of Manafort’s false statements. See Trial Tr. at 1958-88. Plea Agreement, United States v. Manafort, 1:17-cr-201 (ABJ) (D.D.C. Sept.14, 2018), Doc 422 (“D.C. Plea Agreement”); Statement of the Offenses and Other Acts, United States v. Manafort, 1:17-cr-201 (ABJ) (D.D.C. Sept.14, 2018), Doc 423 (“D.C. Statement of the Offense”) (collectively attached as Exhibit D). 14 With respect to the Citizens Bank Union Street loan, Manafort made, or caused to be made, the following misrepresentations: (a) he caused to be submitted a false 2016 DMP Profit and Loss Statement; and (b) he falsely claimed the Peranova loan was forgiven and made false statements about his income. See Trial Tr. at 2418-21 (government summation identifying false statements relating to Counts 28 Citizens Bank Union Street loan conspiracy). Taryn Rodriguez from Citizens Bank testified about the loans process, see Trial Tr. at 1906-37, LaPorta testified about the Peranova loan issues, see id., at 94759, as did Gates, see id. at 1326-30, and Washkuhn testified about the false DMP Profit and Loss Statement comparing it to the original she prepared, see id. at 631-32. With respect to The Federal Savings Bank loans, Manafort made, or caused to be made, the following misrepresentations as to both loans: (a) he caused to be submitted a false 2015 DMP Profit and Loss Statement; (b) he caused to be submitted a false 2016 DMP Profit and Loss Statement; (c) he falsely claimed that the $300,000 delinquency on his American Express Card resulted from lending that credit card to Rick Gates to buy New York Yankees tickets; and (d) he made false statements about his mortgage on the Howard Street property. See Trial Tr. at 2423-24 (government summation identifying false statements relating to the Counts 29, 30, 31 and 32 bank fraud/conspiracies relating to two loans from The Federal Savings Bank). Three bank witnesses testified about The Federal Savings Bank Loans: Dennis Raico, see Trial Tr. at 2008-77; James Brennan, id. at 2164-2199; and Andrew Chojnowski, see id. at 2129-43. Among other testimony, Washkuhn identified the various submitted DMP Profit and Loss Statements as false. See Trial Tr. at 620-32. Gates testified that he never sought to borrow Manafort’s American Express card and that he did not incur the $300,000 delinquency for Yankees tickets, but rather that those tickets were for Manafort. See Trial Tr. at 1352-54. 15 8 CaseCase 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 9Page of 27133 PageID# of 2466864 time of his application, the Union Street property was encumbered by a $5.3 million dollar loan from Genesis Capital. Manafort failed to disclose this mortgage to Citizens Bank at the time of the Count 28 conspiracy, nor previously as part of the $3.4 million Citizens Howard Street loan application (charged in Counts 24 and 25). Taryn Rodriguez from Citizens Bank testified to this fact, noting that she later found the loan on her own.16 At trial, Manafort never disputed the existence of the Genesis Capital loan and in fact agreed to the underlying details in Government Exhibit 500, a stipulation between the parties relating to the Genesis Capital loan on Union Street property. III. Standards Governing Sentencing The Fourth Circuit has held that a sentencing court must: “(1) properly calculate the [Sentencing] Guidelines range; (2) allow the parties to argue for the sentence they deem appropriate and determine whether the § 3553(a) factors support the sentence[s] requested by the parties; and (3) explain its reasons for selecting a sentence.” United States v. Simmons, 269 Fed. Appx. 272, 273 (4th Cir. 2008) (citing United States v. Pauley, 511 F.3d 468, 473 (4th Cir. 2007)). Although the Sentencing Guidelines are advisory, United States v. Booker, 543 U.S. 220, 246 (2005), “district courts must begin their analysis with the Guidelines and remain cognizant of them throughout the sentencing process.” Gall v. United States, 552 U.S. 38, 50 n. 6 (2007); see Rosales-Mireles v. United States, 138 S. Ct. 1897, 1904 (2018) (“[E]ven in an advisory capacity the Guidelines serve as ‘a meaningful benchmark’ in the initial determination of a sentence and ‘through the process of appellate review.’”) (citation omitted). 16 See Trial Tr. at 1911-1917. 9 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 10 Page of 27134 PageID# of 246 6865 IV. The Advisory Guidelines Range The government agrees with the Probation Department’s guidelines calculations in the PSR and addresses that analysis below together with the defendant’s challenges. See Defense Objections to the PSR (dated January 21, 2019). A. Tax and FBAR Guidelines (Group 1) 1. Section 2S1.3 is the Relevant Guideline Provision As noted in the PSR, the base offense level for the Group 1 tax and FBAR counts is level 6, pursuant to § 2S1.3(b)(2), with 22 levels added based on the value of the funds held—here, more than $55 million, pursuant to § 2B1.1(b)(1)(L). See PSR ¶¶ 73-74.17 The defendant argues that the tax guidelines, and not § 2S1.3, is the appropriate starting point for the Group 1 FBAR and tax offenses, citing United States v. Kim, 1:17-cr-00248 (TSE/LMB) (E.D. Va. 2018). See Defense Objections to the PSR, at 1-2. As detailed in the PSR Addendum, the defendant’s arguments lack merit. See PSR Addendum, 52-53. First, the Guidelines explicitly distinguish between the various reporting crimes at issue here (covered by § 2S1.3) and tax offenses (covered by Part T). For example, the commentary to § 2S1.3, under the title “Statutory Provisions,” explicitly lists 31 U.S.C. § 5313—the statute of which Manafort was convicted in Count 12. Further, § 2S1.3(c)(1) addresses a reporting violation committed for the purposes of evading taxes, and specifically calls for use of the tax guidelines only if the resulting offense level is greater than the one determined under § 2S1.3.18 The base offense level is 6 pursuant to § 2S1.3(b)(2) because the offense at issue is not enumerated in § 2S1.3(b)(1). 17 Section 2S1.3(c)(1), entitled “Cross Reference,” reading as follows: “If the offense was committed for the purposes of violating the Internal Revenue laws, apply the most appropriate guideline from Chapter 18 10 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 11 Page of 27135 PageID# of 246 6866 That criterion is not satisfied here: “the resulting offense level” under Chapter 2T of the guidelines is less than the Chapter 2S calculation. See United States v. Hill, 171 Fed. Appx. 815, 821-22 (11th Cir. 2006) (“§ 2S1.3(c)(1) was not applicable because the offense level of 16 that would have resulted from the court’s application of U.S.S.G. § 2T1.1(a)(1), would have been less than 17—the offense level that resulted from the court’s application of § 2S1.3(a) & (b)(1)”) (footnote omitted). Moreover, Manafort’s FBAR offense was not committed solely for allowing him to violate the tax laws. Rather, his use of and access to unreported overseas accounts also facilitated the money laundering and unregistered-foreign-agent (FARA) schemes to which he pled guilty in Count One of a superseding information in the District of Columbia.19 Accordingly, the tax guidelines are not appropriate here, both because the tax guidelines are not higher, as required by § 2S1.3(c)(1), and because the gravamen of the crime here was not solely tax avoidance. As part of his plea in the District of Columbia, Manafort pleaded guilty to a conspiracy to transfer funds from outside the United States to the United States with the intent to promote the felony FARA violations.20 Manafort’s scheme involved more than $6.5 million dollars in transfers from the very overseas accounts that Manafort failed to report on his tax returns and under the FBAR process.21 Two, Part T (Offenses Involving Taxation) if the resulting offense level is greater than that determined above.” See D.C. Plea Agreement; D.C. Statement of the Offense ¶ 36-37. 19 Id. 20 Notably, in his objections to the PSR, the defendant falsely characterized his guilty plea in the District of Columbia as involving only a “general conspiracy to violate the Foreign Agents Registration Act,” 21 11 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 12 Page of 27136 PageID# of 246 6867 Finally, Manafort argues that the Part T guidelines are appropriate because they were used in older cases, such as United States v. Kim, supra, and thus should continue to be used to avoid unwarranted sentencing disparities for similar defendants. The government disagrees for two reasons. First, in late 2017, the Department of Justice’s Tax Division clarified its interpretation as to the appropriate guidelines applicable to FBAR violations, and its current position is consistent with that of the Probation Office in this matter; and second, the facts at issue here differ from those of the Kim prosecution. The Tax Division changed its position on the appropriate guideline provision in FBAR cases sometime in late 2017. Manafort was aware of the government’s position prior to this trial, at the very least because the Special Counsel’s Office made clear its view that the relevant guideline is § 2S1.3. Further, in Kim itself, the Tax Division and Probation Office took the position that the appropriate guideline was § 2S1.3. See Kim Plea Agreement, at 3-4 (attached as Government Exhibit E) (“The Government contends that the applicable Guideline in this matter should be U.S.S.G § 2S1.3(a)(2), § 2B1.1 and § 2S1.3(b)(2) because the defendant filed two false FBARs and a false U.S. Individual Income Tax Return, Form 1020, within a 12-month period. However, at the time that the defendant agreed to plead guilty, the Government consistently took the position with similarly situated defendants that the applicable Guideline was U.S.S.G. § 2T1.1 and § 2T1.4 due to the cross reference in § 2S1.3(c)(1). Therefore, in order to ensure that the defendant receives equitable treatment, and in accordance with Federal Rule of Criminal Procedure 11(c)(1)(B), the United States and the defendant will recommend to Def. Obj. to PSR, at 3, without any mention to the fact that his plea also included a money laundering conspiracy, among other offenses. See D.C. Plea Agreement; D.C. Statement of the Offense ¶ 36-37. 12 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 13 Page of 27137 PageID# of 246 6868 the Court that the following provisions of the Sentencing Guidelines apply: [the Tax Guidelines].”); Government Sentencing Brief, at 6 (attached as Government Exhibit F) (“The defendant pled guilty to the willful failure to file an FBAR, in violation of 31 U.S.C. Sections 5314 and 5322. The offense of conviction in this case falls under U.S.S.G. § 2S1.3. The Probation Office calculated the Guidelines range under U.S.S.G. § 2S1.3(a)(2)”). Further, as noted, the circumstances of the Kim and Manafort prosecutions and the conduct at issue are easily distinguished. In Kim, the defendant entered into a negotiated plea agreement which involved his cooperation, and the plea was entered into pursuant to Rule 11(c)(1)(B). Manafort’s FBAR offenses, in contrast, served to facilitate his tax offenses and his FARA and money laundering offenses. Further, the Kim prosecution was part of a series of prosecutions involving the use of overseas accounts to hide tax offenses, and thus the concern over parity with similarly situated defendants prosecuted at the same time was at its height. Calculating Manafort’s advisory Guidelines range under § 2S1.3 for an FBAR offense, even if he is one of the first defendants to be sentenced in that manner, would not constitute disparate treatment because his conduct, and the circumstances at issue, were different than in Kim. 2. A Role Enhancement is Appropriate The PSR concluded that Manafort should receive a four-level role enhancement for the Group 1 offenses, pursuant § 3B1.1(a), on the basis that “the defendant was an organizer or leader of a criminal activity that was otherwise extensive.” PSR, ¶ 78. The relevant test is the number of persons involved in the offenses, whether they were witting or unwitting. See United States v. Harvey, 532 F.3d 326, 338 (4th Cir. 2008) (“The Application Note to U.S.S.G. § 3B1.1 explains that, in determining if a criminal activity is ‘otherwise extensive,’ all persons involved 13 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 14 Page of 27138 PageID# of 246 6869 during the course of the entire offense are to be considered, including outsiders who provided unwitting services and thus do not qualify as ‘participants.’”); United States v. Ellis, 951 F.2d 580, 585 (4th Cir. 1991) (role enhancement based on “otherwise extensive” prong based on “‘all persons involved during the course of the entire offense,’ even the ‘unknowing services of many outsiders’”). Manafort’s criminal conduct meets this standard. Manafort controlled the money at issue, he recruited others to facilitate these crimes, and he claimed a larger share of the proceeds. Further, Manafort was plainly the leader. He involved numerous individuals who were both knowing and unknowing participants in the criminal scheme. These included Gates and Konstantin Kilimnik, Manafort’s tax preparers (Ayliff, LaPorta, Naji Lakkis, Dan Walters, and Conor O’Brien) and bookkeepers (Hesham Ali and Washkuhn), and others in Cyprus who were involved in originating and maintaining the defendant’s overseas accounts.22 Under the factors set forth in the Guidelines application notes and applied by the Fourth Circuit, application of the leadership enhancement is warranted. See United States v. Jones, 495 F. App’x 371, 373 (4th Cir. 2012) (“In determining a defendant’s leadership and organizational role, sentencing courts must consider seven factors: [T]he exercise of decision making authority, the nature of participation in the commission of the offense, the recruitment of accomplices, the claimed right to a larger share of the fruits of the crime, the degree of participation in planning or organizing the offense, the nature and scope of the illegal activity, and the degree of control and authority The corporate entity and bank account documents relating to the overseas accounts listed a variety of individuals associated with Dr. Kypros Chrysostomides firm’s, including Eleni Chrysostomides, Chrystalla Pitsilli Dekatris, Myrianthi Christou, Evelina Georgiades, and Georgoula Mavrides. See e.g., Government Exhibit 63 (chart of foreign entities); Government Exhibit 73B (chart listing bank accounts). 22 14 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 15 Page of 27139 PageID# of 246 6870 exercised over others. U.S.S.G. § 3B1.1, cmt. n.4.”).23 Further, even to the extent that Gates profited from this scheme, including by stealing from Manafort, his profits from these crimes paled in comparison to Manafort’s gain. B. Bank Fraud Guidelines (Group 2) 1. The PSR Correctly Calculated the Fraud Loss The Probation Department assessed the fraud loss to be approximately $6 million for the counts of conviction for bank fraud together with the relevant conduct. See PSR, at ¶ 87. Manafort contends that the assessed fraud loss is overstated because the Citizens Bank loan conspiracy relating to Union Street property charged in Count 28 never closed and, had it closed, Manafort speculates that he would have fully collateralized the loan, resulting in no loss. See Defense Objections to PSR, at 4. That argument ignores the trial evidence that the defendant did not intend the property he pledged as collateral to be used as such since he lied to the bank about the collateral, hiding the fact that the Union Street property had a mortgage. At trial, the government proved that the Union Street property Manafort now claims he would have pledged as part of the loan charged in Count 28 was encumbered by a $5.3 million loan from Genesis In arguing against the application of a role enhancement, Manafort relies principally on the Guidelines’ use of the phrase “criminal organization” and contends that role enhancements in § 3B1.1 are meant to be applied only “to leaders or managers of organizations that have a primary purpose of engaging in crime, such as foreign cartels that smuggle narcotics into the United States, or motorcycle gangs that unlawfully transport and distribute firearms.” Def. Obj. to PSR, at 5. Manafort cites no case law endorsing his “notin-white-collar-cases” reading of § 3B1.1, which cannot be reconciled with Fourth Circuit decisions such as Ellis and Harvey, supra. The dog-track owner who bribed state legislators in Ellis, for example, may have done it for “the primary purpose of” helping his business, not “engaging in crime,” see Def. Obj. to PSR, at 5, yet the Fourth Circuit affirmed application of the leadership enhancement to his scheme. Ellis, 951 F.2d at 585; accord Harvey, 532 F.3d at 338 (defendant sentenced for honest-services fraud involving bribery in awarding Army contracts was assessed a role enhancement). The defendant’s argument, in short, lacks merit. 23 15 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 16 Page of 27140 PageID# of 246 6871 Capital at the time.24 Previously, the defendant applied for a loan from Citizens Bank on the Howard Street property (Counts 24 & 25), and also failed to disclose the Genesis loan on the Union Street property, which was one of several misrepresentations charged in the indictment and proven at trial.25 Because Manafort concealed the Genesis loan and intended to continue to do so, he is not entitled to credit based on the happenstance that the bank, through its own due diligence, eventually discovered the Genesis loan. See United States v. Staples, 410 F.3d 484, 490-91 (8th Cir. 2005) (“We do not mean that the value of the collateral necessarily must be deducted from the intended loss; the defendant’s intent is the touchstone. For example, if a car were collateral in a fraudulent loan procurement case, and the defendant were to hide the car, then the court should not deduct the value of the collateral from the intended loss because under those circumstances the defendant intended the loss to encompass the value of the collateral.”) (emphasis added). 2. The Sophisticated Means Enhancement Is Appropriate The Probation Department assessed a two-level enhancement on the Group 2 offenses for the use of sophisticated means pursuant to USSG § 2B1.1(b)(10)(c). PSR ¶ 88. The defendant See Government Exhibit 500 (Stipulation relating to Genesis Capital); Trial Tr, at 1911-17 (Taryn Rodriguez from Citizens Bank testified that Manafort did not list the mortgage from Genesis Capital for 377 Union Street, Brooklyn, New York on his application for the Union Street loan and that she later identified the mortgage during a records check); Government Exhibit 255 (377 Union Street Uniform Residential Loan Application). 24 See Trial Tr. at 1743-44 (Melinda James (née Francis) from Citizens Bank testified that on Manafort’s Howard Street loan application, it indicated that there was no mortgage on the property at 377 Union Street, Brooklyn, New York); Government Exhibit 224 (email attaching schedule of Manafort’s real estate owned and reflecting there is no mortgage on Union Street property); Trial Tr. at 1284-85 (Rick Gates testified that he understood that Manafort had a mortgage on the property at 377 Union Street, Brooklyn, New York during the time of the loan application at Citizens Bank for the Howard Street property). 25 16 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 17 Page of 27141 PageID# of 246 6872 objects on the grounds that “there was nothing complex about simply lying to the banks,” and that the falsified documents were “simple or ham-handed.” See Defense Objections to PSR, at 4. Manafort is wrong; even if some of Manafort’s conduct may have been ham-handed not all of it was. The Guidelines affords an enhancement when “the offense otherwise involved sophisticated means and the defendant intentionally engaged in or caused the conduct constituting sophisticated means,” U.S.S.G. § 2B1.1(b)(10)(c). Application Note 9 defines “sophisticated means” as: especially complex or especially intricate offense conduct pertaining to the execution or concealment of an offense. For example, in a telemarketing scheme, locating the main office of the scheme in one jurisdiction but locating soliciting operations in another jurisdiction ordinarily indicates sophisticated means. Conduct such as hiding assets or transactions, or both, through the use of fictitious entities, corporate shells, or offshore financial accounts also ordinarily indicates sophisticated means. Id. § 2B1.1 cmt. n. 9. Here, the defendant’s conduct qualifies for the enhancement, as he routinely hid relevant transactions, falsified documentation, and made misrepresentations relating to an offshore transaction (and the existence of those assets). For example, for the two Citizens Bank loans, Manafort hid the true nature of his foreign Peranova “loan”. Manafort had first claimed the $1.5 million from Peranova, an offshore entity that he controlled, as a “loan” on his tax returns (to avoid paying taxes on the money), and when the bank needed to see less debt and more income for 2015, Manafort claimed the loan was forgiven, created a back-dated letter purporting to document the forgiveness, and instructed his tax preparer to forward that letter to the bank.26 See Trial Tr. at 944-69 (Testimony of Cindy LaPorta). 26 17 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 18 Page of 27142 PageID# of 246 6873 Further, for four of the five loans, Manafort materially misstated the Profit and Loss Statement from his business for the years 2015 and 2016, hiding his true income, requested those documents from his bookkeeper, altered them, and then submitted them to the bank.27 With respect to the Citizens Bank loan charged in Count 24, Manafort hid the mortgage on the Union Street property, and went to great lengths to do so including having Gates contact the mortgage broker (Donna Duggan) and having her forward an older version of the mortgage binder for the property.28 On the Banc of California fraud charged in Counts 27 and 28, Manafort hid the Howard Street mortgage. For The Federal Savings Bank loans charged in Counts 29 through 32, Manafort hid outstanding American Express debt and delinquency, falsely claiming that debt to be a loan to Gates and sending a letter to that effect to the bank. See United States v. Davis, No. 18-4080, 2018 WL 5096070, at *1 (4th Cir. Oct. 18, 2018) (unpublished) (affirming application of the sophisticated means enhancement applies where the defendant created a “multilayered scheme” and “used numerous means to conceal the fraud, including forgery, altering documentation, transferring money between accounts, and omitting property from certain accountings”). See Trial Tr. at 601-30 (Testimony of Heather Washkuhn). 27 See Trial Tr. at 1284-86 (Gates testified that at Manafort’s direction he contacted Manafort’s insurance broker and requested an old copy of the insurance binder with respect to the Union Street property, which did not reflect the current mortgage, and that he was aware that the older version was then sent to the bank to hide the fact that there was currently a mortgage on the Union Street property). 28 18 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 19 Page of 27143 PageID# of 246 6874 3. A Role Enhancement is Appropriate For the Group 2 Crimes The Group 2 criminal conduct involved multiple parties, individuals who were both knowing and unknowing with respect to the scheme, including co-conspirators Gates and Jeffrey Yohai, and more than a dozen bankers, accountants, and Manafort’s bookkeepers and tax preparers.29 Manafort, moreover, was the primary beneficiary of the frauds. Based on the criteria in the application note and the case law cited above, the role enhancement is equally appropriate for the Group 2 bank fraud offenses. C. The Defendant Did Not Accept Responsibility Finally, the PSR properly denied Manafort any reduction for acceptance of responsibility pursuant to § 3E1.1. PSR ¶ 96. Manafort proceeded to trial and vigorously denied his guilt. Although a trial alone does not necessarily preclude an acceptance reduction, it almost always does in circumstances like those here. Application Note 2 to § 3E1.1 suggests that the situations where a defendant proceeds to trial and qualifies for an acceptance reduction are rare, and are often limited to circumstances where the defendant proceeds to trial to challenge the constitutionality of a statute, or some other legal issue, and not the facts. See § 3E1.1, Application Note 2. That was not the case here. See e.g., United States v. Redding, 422 F. App’x 192, 195 (4th Cir. 2011) (unpublished) (“Because Redding put the government to its burden of proof and went to trial challenging his factual guilt, the district court was correct in finding the two-level reduction was inappropriate.”). Manafort cites no authority for the For example, from Citizens Bank at least the following individuals were involved: David Fallarino, Melinda James (née Francis), Taryn Rodriguez, and Peggy Miceli; from the Banc of California, Perris Kaufman and Gary Seferian; and from The Federal Savings Bank: Anna Ivakhnik, Dennis Raico, Thomas Horn, James Brennan, and Steve Calk; from Nigro Karlin (the bookkeeper): Heather Washkuhn; and from KWC: Cindy LaPorta and Philip Ayliff. 29 19 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 20 Page of 27144 PageID# of 246 6875 proposition that a later plea in another prosecution—even one involving some of the same facts—negates the fact that he put the government to its proof in the Eastern District of Virginia. Further, the defendant has now conceded that he breached his plea agreement in the District of Columbia, and on February 13, 2019, in a ruling from the bench, Judge Jackson found by a preponderance of the evidence that Manafort intentionally lied to the government as to three subject areas, and had not with respect to two others. The DC Court also issued an order documenting those findings. United States v. Manafort, 1:17-cr-201 (ABJ) (D.D.C. February 13, 2019), Doc 509 (attached as Exhibit G). Finally, the defendant’s failure to file the required financial information with the Probation Department, in either district, is further evidence of his failure to accept responsibility, particularly here, where the defendant was convicted of financial crimes, including hiding his income and assets. V. Statutory Sentencing Factors Pursuant To Title 18, United States Code, Section 3553(a) The government addresses the Section 3553(a) factors below. A. The Nature and Circumstances of the Offense Manafort’s criminal conduct was serious, longstanding, and bold. He failed to pay taxes in five successive years involving more than $16 million in unreported income—and failed to identify his overseas accounts in those same returns—resulting in more than $6 million in unpaid taxes. In four successive years from 2011 to 2014, Manafort failed to report his overseas accounts to the Treasury Department, and over that period he maintained 31 accounts in three 20 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 21 Page of 27145 PageID# of 246 6876 foreign countries collectively holding more than $55 million in multiple currencies.30 As for his bank fraud offenses, Manafort defrauded not one financial institution but three, and sought five loans from those banks, seeking more than $25 million. Tax fraud is a serious crime and violates the most basic covenant between citizens and the government. See United States v. Zukerman, 897 F.3d 423, 428 (2d Cir. 2018) (“[t]ax crimes represent an especially damaging category of criminal offense” which “strike[] at the foundation of a functioning government’”) (citation omitted), pet. for cert. filed, No. 18-642 (Nov. 19, 2018). The defendant benefited from the protections and privileges of the law and the services of his government, while cheating it and his fellow citizens. See United State v. Trupin, 475 F.3d 71, 76 (2d Cir. 2007) (tax evader effectively “[steals] from his fellow taxpayers through his deceptions.”). The defendant’s failure to file foreign bank account reports is also significant. FBAR regulations facilitate the identification of “persons who may be using foreign financial accounts to circumvent United States law,” whether those funds are used for “illicit purposes or to identify income maintained or generated abroad.” See IRS FBAR Reference Guide, at 2 (https://www.irs.gov/pub/irs-utl/irsfbarreferenceguide.pdf). Here, Manafort’s FBAR offenses were more serious than that of a defendant who simply hides his income, like the defendant in Kim. Manafort used his foreign accounts not only to hide his income, but to launder funds, including by engaging in transactions that promoted his FARA scheme. See Government Exhibit 73B (FBAR Chart for 2011), Government Exhibit 73C (FBAR Chart for 2012), Government Exhibit 73D (FBAR Chart for 2013), Government Exhibit 73E (FBAR Chart for 2014); Government Exhibit 74 (“Deposit Analysis – Foreign Source of Funds Received by Foreign Accounts,” listing total as $65,860,502.50). 30 21 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 22 Page of 27146 PageID# of 246 6877 Finally, the defendant’s bank fraud offenses are also serious, both for the number and amount of the loans and the conduct involved. Bank fraud undermines the stability of our financial system and the federally insured financial institutions that citizens rely upon that those statutes seek to protect. See United States v. Koh, 199 F.3d 632, 638 (2d Cir. 1999) (recognizing that Congress, in part through passage of the bank fraud statute, “clearly intended to protect ‘the financial integrity’ of institutions in which it had a strong federal interest, including those that are ‘federally created, controlled or insured’”) (quoting S. Rep. No. 98–225, at 377 (1983)). Manafort sought five loans totaling more than $25 million and secured funding in the amount of more than $19 million. Those facts set him far afield from the ordinary bank fraud defendant. As noted, these were not short-lived schemes. Manafort’s crimes were the product of his planning and premeditation over many years, and a result of his direct and willful conduct. Manafort’s tax crimes by any account were serious, and more serious than most given the amount of money at issue and the fact that his failure to pay the taxes owed was not caused by any necessity but simple greed. Manafort had ample funds to cover these tax payments. He simply chose not to comply with laws that would reduce his wealth. And along the way, each year, in order to successfully implement the tax scheme the defendant involved numerous other people, including both witting and unwitting participants. In every scheme, Manafort was always the principal, and almost always the exclusive beneficiary. B. History and Characteristics of the Defendant Manafort’s history and characteristics are aggravating factors. Manafort has had every opportunity to succeed. He is well educated and a member of the legal profession, attending 22 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 23 Page of 27147 PageID# of 246 6878 Georgetown University for college and law school. He was a successful political consultant both in the United States and abroad.31 Further, while the defendant is 69 years old and has suffered reputational harm as a result of his conviction, neither is a mitigating factor. Part H of Chapter 5 of the Sentencing Guidelines addresses age, and in effect provides that age can be considered “individually or in combination with other offender characteristics,” when “present to an unusual degree and distinguish the case from the typical cases covered by the guidelines.” U.S.S.G. § 5H1.1. Nothing about the defendant’s age is unusual. Tax offenders are often older and often, like the defendant, wealthy, but they nonetheless receive substantial terms of incarceration notwithstanding age and health issues. See, e.g., United States v. Dibbi, 413 Fed. Appx 618, 620 (4th Cir. 2011) (affirming sentence of 30 months for tax fraud and decision not to grant a downward variance based on the defendant’s health and age); United States v. Gilmartin, 12-cr287 (MGC) (SDNY) (defendant, age 70, sentenced to 48 months imprisonment for evading taxes and failing to file federal and state tax returns for over 20 years, where the tax loss was approximately $1.7 million).32 See Trial Tr. at 2436 (defense closing argument citing witness testimony of Tad Devine and Dan Rabin describing Manafort as a talented political consultant and citing documents detailing Manafort’s work for the presidential campaigns of Gerald Ford, Ronald Reagan, George H. W. Bush, Bob Dole, and Donald Trump); see Trial Tr. at 1133-34 (Rick Gates testified that Manafort was “probably one of the most, you know, politically brilliant strategists I've ever worked with.”). 31 See also United States v. Jackson, 10-cr-298 (CM) (SDNY) (defendant, age 57, sentenced to 63 months imprisonment for his work as a tax preparer who used a variety of deceptive practices—including claiming deceased children as dependents—as part of a scheme to prepare false tax returns and where the tax loss was approximately $1 million); United States v. Catlett, 10-CR-101 (D. Md) (defendant, age 64, sentenced to 210 months imprisonment, related to filing 275 fraudulent tax returns reporting over $22 million in false Schedule E losses, resulting in a federal tax loss of $3.8 million). 32 23 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 24 Page of 27148 PageID# of 246 6879 Manafort’s age does not eliminate the risk of recidivism he poses—particularly given that his pattern of criminal activity has occurred over more than a decade and that the most recent crimes he pled guilty to occurred from February to April 2018, when he conspired to tamper with witnesses at a time when he was under indictment in two separate districts. Further as Judge Jackson found, Manafort’s misconduct continued as recently as October 2018 when he repeatedly and intentionally lied to the government during proffer sessions and the grand jury. Courts also have rejected the premise that the reputational harm incident to every criminal conviction is a valid basis for reducing the term of imprisonment imposed on a whitecollar offender such as Manafort. Nothing about that harm, or the collateral consequences that Manafort faces, was unforeseeable at the time that he chose to engage in the charged conduct. Manafort chose to commit multiple bank frauds, even when the subject of national attention in 2016. See, e.g., United States v. Prosperi, 686 F.3d 32, 47 (1st Cir. 2012) (“It is impermissible for a court to impose a lighter sentence on a white-collar defendant than on blue-collar defendants because it reasons that white-collar defendants suffer greater reputational harm or have more to lose by conviction.”). C. The Need to Promote Respect for the Law and to Afford Adequate Deterrence to Criminal Conduct The sentence should serve to promote respect for the law and to afford both adequate specific and general deterrence as intended by Congress. With respect to general deterrence, the sentence should send a clear message that repeated choices to commit serious economic crimes have serious consequences, particularly in a matter that received national attention. The Fourth Circuit has stressed the heightened importance of general deterrence in tax cases, and in particular the need for incarceration, given the prevalence of tax offenses and the 24 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 25 Page of 27149 PageID# of 246 6880 comparatively few prosecutions. See United States v. Engle, 592 F.3d 495, 502 (4th Cir. 2010) (“Given the nature and number of tax evasion offenses as compared to the relatively infrequent prosecution of those offenses, we believe that the [Sentencing] Commission’s focus on incarceration as a means of third-party deterrence is wise. The vast majority of such crimes go unpunished, if not undetected. Without a real possibility of imprisonment, there would be little incentive for a wavering would-be evader to choose the straight-and-narrow over the wayward path.”). Courts have recognized that tax prosecutions are difficult and time consuming to investigate and prosecute, and require substantial resources. See Zukerman, 897 F.3d at 429 (general deterrence has an important role in tax cases “due to the significant resources required to monitor and prosecute tax cases,” which cost the government hundreds of billions of dollars annually) (internal quotation marks omitted); see also U.S.S.G Ch. 2, Part T, intro. cmt. (explaining that, in light of “the limited number of criminal tax prosecutions relative to the estimated incidence of such violations, deterring others from violating the tax laws is a primary consideration underlying these guidelines,” and that “[r]ecognition that the sentence for a criminal tax case will be commensurate with the gravity of the offense should act as a deterrent to would-be violators”). Tax evasion through the use of offshore entities and bank accounts is among the most lucrative offenses and often the most difficult to investigate, which increases the need for strong deterrence and a meaningful sentence. See United States v. Hefferman, 43 F.3d 1144, 1149 (7th Cir. 1994) (“Considerations of (general) deterrence argue for punishing more heavily those offenses that either are lucrative or are difficult to detect and punish, since both attributes go to increase the expected benefits of a crime and hence the punishment required to deter it.”). Bank 25 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 26 Page of 27150 PageID# of 246 6881 fraud, while more common, is equally serious and the need for deterrence is also strong in light of the need to protect the integrity of the nation’s banking system. D. The Need to Avoid Unwarranted Sentencing Disparities Section 3553(a) also requires a sentence that is generally consistent with others imposed on similar offenders for similar offenses; courts are instructed “to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.” 18 U.S.C. § 3553(a)(6). First, in this case, there are no similarly situated charged defendants, as Manafort’s co-defendant, Gates, was subservient to Manafort, and he accepted responsibility, pled guilty, and cooperated early in this investigation. The crimes at issue involved Manafort’s taxes and overseas accounts, not Gates’. With respect to the bank loans, Manafort, not Gates, principally received the proceeds. Second, given the breadth of Manafort’s criminal activity, the government has not located a comparable case with the unique array of crimes and aggravating factors. VI. Conclusion For a decade, Manafort repeatedly violated the law. Considering only the crimes charged in this district, they make plain that Manafort chose to engage in a sophisticated scheme to hide millions of dollars from United States authorities. And when his foreign income stream dissipated in 2015, he chose to engage in a series of bank frauds in the United States to maintain his extravagant lifestyle, at the expense of various financial institutions. Manafort chose to do this for no other reason than greed, evidencing his belief that the law does not apply to him. Manafort solicited numerous professionals and others to reap his ill-gotten gains. The sentence 26 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314 525-1 Filed 02/15/19 Filed 02/23/19 Page 27 Page of 27151 PageID# of 246 6882 in this case must take into account the gravity of this conduct, and serve to both specifically deter Manafort and those who would commit a similar series of crimes. Dated: February 15, 2018 /s/ Andrew Weissmann Greg D. Andres Brandon L. Van Grack Senior Assistant Special Counsels Special Counsel’s Office U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, D.C. 20530 Telephone: (202) 616-0800 Uzo Asonye Assistant United States Attorney Eastern District of Virginia Attorneys for United States of America 27 CaseCase 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314-1525-1 FiledFiled 02/15/19 02/23/19 PagePage 1 of 2152 PageID# of 246 6883 EXHIBIT A CaseCase 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314-1525-1 FiledFiled 02/15/19 02/23/19 PagePage 2 of 2153 PageID# of 246 6884 VENDOR AND PROPERTY PAYMENTS FROM FOREIGN BANK ACCOUNTS Vendor Name SP&C Home Improvement Inc. 2010 2011 2012 $ 626,760 $ $ 102,006 $ 456,800 $ Alan Couture $ 103,000 $ 191,800 $ 137,850 $ Scott L. Wilson Landscape & Tree Specialists, Inc. $ 237,700 $ 265,800 Big Picture Solutions, Inc. 716,200 $ 2013 1,015,960 Aegis Holdings LLC J&J Oriental Rug Gallery $ 390,000 Sabatello Construction of Florida, Inc. House of Bijan $ 213,280 New Leaf Landscape Maintenance LLC $ 100,000 $ 39,237 $ 362,950 $ 112,000 $ 7,500 $ 4,115 $ 134,600 Don Beyer Motors, Inc. aka Land Rover of Alexandria $ 163,705 Federal Stone and Brick LLC $ 87,000 American Service Center Associates of Alexandria, LLC aka Mercedes-Benz of Alexandria Sensoryphile, Inc. $ $ 62,750 Total $ Purchase of Property $ 939,475 $ 230,700 $ $ 30,300 $ 26,025 $ 1,617,190 $ 1,431,158 $ 2011 2,529,115 $ 2012 $ 3,548,873 162,920 $ 1,661,201 85,115 $ 748,465 $ 503,500 $ 500,000 $ 90,945 38,650 Arlington House $ 1,900,000 Union Street Brownstone $ 3,299,500 $ 6,699,500 $ $ 9,228,615 $ - 1,617,190 $ $ - 1,431,158 2,864,150 $ 2013 1,500,000 $ 90,953 500,000 $ Grand Total $ $ Howard Street Condominium $ 1,099,000 Total 46,450 2010 Total 2014 429,933 $ 490,000 $ 432,487 $ 332,780 $ 255,685 $ 163,705 $ 125,650 $ 62,750 $ 46,450 $ 8,871,546 2014 - 2,864,150 $ $ Total - 429,933 $ 6,699,500 $ 15,571,046 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:18-cr-83 (T.S.E.) 72 CaseCase 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314-2525-1 FiledFiled 02/15/19 02/23/19 PagePage 1 of 2154 PageID# of 246 6885 EXHIBIT B CaseCase 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314-2525-1 FiledFiled 02/15/19 02/23/19 PagePage 2 of 2155 PageID# of 246 6886 Paul Manafort Summary of Personal Tax Return Items and Unreported Income Tax Years 2010 to 2014 Tax Year 2010 2011 2012 2013 2014 Approx. Filing Date October 14, 2011 October 15, 2012 October 7, 2013 October 6, 2014 October 14, 2015 Foreign Account Reported (Sch. B, Line 7a} None None None None None Total Income Reported (Line 22) $504,744 $3,071,409 $5,361,007 $1,910,928 $2,984,210 Total Unreported Income $1,617,190 $1,431,158 $9,228,615 $2,864,150 $1,329,933 EXHIBIT I 77 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314-3525-1 Filed 02/15/19 Filed 02/23/19 Page Page 1 of 13 156 PageID# of 246 6887 EXHIBIT C Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314-3525-1 Filed 02/15/19 Filed 02/23/19 Page Page 2 of 13 157 PageID# of 246 6888 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:18-cr-83 (T.S.E.) 73B Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314-3525-1 Filed 02/15/19 Filed 02/23/19 Page Page 3 of 13 158 PageID# of 246 6889 AGGREGATE MAXIMUM VALUE OF FOREIGN BANK ACCOUNTS IN 2011 Account Name, Financial Institution Maximum Item and Account Number Account Value 7 $ 4,436,680.04 Richard Gates Konstantin Kilimnik (As of 1/15/08) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Georgoula Mavrides Myrianthi Christou Peranova Holdings Limited* $ 23.84 Richard Gates Konstantin Kilimnik (As of 1/15/08) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Georgoula Mavrides Myrianthi Christou Serangon Holdings Limited $ 2,831.57 Richard Gates Konstantin Kilimnik (As of 1/21/13) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Georgoula Mavrides Myrianthi Christou Yiakora Ventures Limited $ 504,807.56 Paul Manafort Konstantin Kilimnik (As of 1/21/13) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Georgoula Mavrides Myrianthi Christou Bank of Cyprus 9 Bank of Cyprus 10 Authorized Signers Listed on Bank Account Application Peranova Holdings Limited Bank of Cyprus 8 Beneficial Owner Listed on Bank Account Application Bank of Cyprus AGGREGATE MAXIMUM VALUE: $ 8,381,798.75 *The maximum account value was converted from Euro to USD on the date of occurrence per the bank statement using the website https://www.oanda.com/currency/converter/. Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314-3525-1 Filed 02/15/19 Filed 02/23/19 Page Page 4 of 13 159 PageID# of 246 6890 AGGREGATE MAXIMUM VALUE OF FOREIGN BANK ACCOUNTS IN 2012 Account Name, Financial Institution Maximum Item and Account Number Account Value 1 Actinet Trading Limited $ Bank of Cyprus Beneficial Owner Listed on Bank Account Application 999,987.00 Paul Manafort Konstantin Kilimnik (As of 1/21/13) Authorized Signers Listed on Bank Account Application Paul Manafort Richard Gates Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides 2 Actinet Trading Limited* $ Bank of Cyprus 3,416,880.00 Paul Manafort Konstantin Kilimnik (As of 1/21/13) Paul Manafort Richard Gates Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides 3 Black Sea View Limited $ 2,519,316.94 Richard Gates Konstantin Kilimnik (As of 1/21/13) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Georgoula Mavrides Myrianthi Christou Black Sea View Limited* $ 1,927,720.00 Richard Gates Konstantin Kilimnik (As of 1/21/13) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Georgoula Mavrides Myrianthi Christou Bank of Cyprus 4 Bank of Cyprus GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:18-cr-83 (T.S.E.) 73C *The maximum account value was converted from Euro to USD on the date of occurrence per the bank statement using the website https://www.oanda.com/currency/converter/. Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314-3525-1 Filed 02/15/19 Filed 02/23/19 Page Page 5 of 13 160 PageID# of 246 6891 AGGREGATE MAXIMUM VALUE OF FOREIGN BANK ACCOUNTS IN 2012 Account Name, Financial Institution Maximum Item and Account Number Account Value 5 $ 5,000,000.00 Paul Manafort Konstantin Kilimnik (As of 1/21/13) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides Bletilla Ventures Limited* $ 1,849,860.00 Paul Manafort Konstantin Kilimnik (As of 1/21/13) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides Global Highway Limited $ 531,852.76 Richard Gates Konstantin Kilimnik (As of 1/15/08) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Georgoula Mavrides Myrianthi Christou Leviathan Advisors Limited $ 738.45 Richard Gates Konstantin Kilimnik (As of 1/15/08) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Georgoula Mavrides Myrianthi Christou Leviathan Advisors Limited* $ 66,053.30 Richard Gates Konstantin Kilimnik (As of 1/15/08) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Georgoula Mavrides Myrianthi Christou LOAV Advisors Limited $ 5,679.02 Richard Gates Paul Manafort Konstantin Kilimnik (As of 1/21/13) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Georgoula Mavrides Myrianthi Christou Bank of Cyprus 7 Bank of Cyprus 8 Bank of Cyprus 9 Bank of Cyprus 10 Authorized Signers Listed on Bank Account Application Bletilla Ventures Limited Bank of Cyprus 6 Beneficial Owner Listed on Bank Account Application Bank of Cyprus *The maximum account value was converted from Euro to USD on the date of occurrence per the bank statement using the website https://www.oanda.com/currency/converter/. Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314-3525-1 Filed 02/15/19 Filed 02/23/19 Page Page 6 of 13 161 PageID# of 246 6892 AGGREGATE MAXIMUM VALUE OF FOREIGN BANK ACCOUNTS IN 2012 Account Name, Financial Institution Maximum Item and Account Number Account Value 11 Lucicle Consultants Limited $ Bank of Cyprus Beneficial Owner Listed on Bank Account Application 1,530,903.16 Richard Gates Konstantin Kilimnik (As of 1/21/13) Authorized Signers Listed on Bank Account Application Paul Manafort Richard Gates Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides 12 Lucicle Consultants Limited* $ Bank of Cyprus 4,183,590.00 Richard Gates Konstantin Kilimnik (As of 1/21/13) Paul Manafort Richard Gates Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides 13 Olivenia Trading Limited* $ 3.28 Richard Gates Konstantin Kilimnik (As of 1/21/13) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides Olivenia Trading Limited $ 740,362.98 Richard Gates Konstantin Kilimnik (As of 1/21/13) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides Bank of Cyprus 14 Bank of Cyprus *The maximum account value was converted from Euro to USD on the date of occurrence per the bank statement using the website https://www.oanda.com/currency/converter/. Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314-3525-1 Filed 02/15/19 Filed 02/23/19 Page Page 7 of 13 162 PageID# of 246 6893 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314-3525-1 Filed 02/15/19 Filed 02/23/19 Page Page 8 of 13 163 PageID# of 246 6894 AGGREGATE MAXIMUM VALUE OF FOREIGN BANK ACCOUNTS IN 2013 Account Name, Financial Institution Maximum Item and Account Number Account Value 1 Actinet Trading Limited $ Bank of Cyprus Beneficial Owner Listed on Bank Account Application 87,728.03 Paul Manafort Konstantin Kilimnik (As of 1/21/13) Authorized Signers Listed on Bank Account Application Paul Manafort Richard Gates Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides 2 Actinet Trading Limited* $ Bank of Cyprus 196,511.00 Paul Manafort Konstantin Kilimnik (As of 1/21/13) Paul Manafort Richard Gates Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides 3 Actinet Trading Limited $ 87,458.48 Richard Gates Konstantin Kilimnik (As of 1/21/13) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides Actinet Trading Limited* $ 202,277.00 Richard Gates Konstantin Kilimnik (As of 1/21/13) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides Hellenic Bank 4 Hellenic Bank GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:18-cr-83 (T.S.E.) 73D *The maximum account value was converted from Euro and GBP to USD on the date of occurrence per the bank statement using the website https://www.oanda.com/currency/converter/. Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314-3525-1 Filed 02/15/19 Filed 02/23/19 Page Page 9 of 13 164 PageID# of 246 6895 AGGREGATE MAXIMUM VALUE OF FOREIGN BANK ACCOUNTS IN 2013 Account Name, Financial Institution Maximum Item and Account Number Account Value 5 $ 1,568,530.54 Paul Manafort Konstantin Kilimnik (As of 1/21/13) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides Bletilla Ventures Limited* $ 276,703.00 Paul Manafort Konstantin Kilimnik (As of 1/21/13) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides Bletilla Ventures Limited $ 833,349.39 Richard Gates Konstantin Kilimnik Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides Bletilla Ventures Limited* $ 278,614.00 Richard Gates Konstantin Kilimnik Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides LOAV Advisors Limited $ Bank of Cyprus 7 Hellenic Bank 8 Hellenic Bank 9 Authorized Signers Listed on Bank Account Application Bletilla Ventures Limited Bank of Cyprus 6 Beneficial Owner Listed on Bank Account Application Bank of Cyprus 5,292.42 Richard Gates Paul Manafort Konstantin Kilimnik (As of 1/21/13) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Georgoula Mavrides Myrianthi Christou *The maximum account value was converted from Euro and GBP to USD on the date of occurrence per the bank statement using the website https://www.oanda.com/currency/converter/. Case 1:18-cr-00083-TSE Case 1:17-cr-00201-ABJ Document Document 314-3 525-1 Filed 02/15/19 Filed 02/23/19 Page 10 Page of 13 165 PageID# of 246 6896 AGGREGATE MAXIMUM VALUE OF FOREIGN BANK ACCOUNTS IN 2013 Account Name, Financial Institution Maximum Item and Account Number Account Value 10 Lucicle Consultants Limited $ Bank of Cyprus Beneficial Owner Listed on Bank Account Application 167,664.80 Richard Gates Konstantin Kilimnik (As of 1/21/13) Authorized Signers Listed on Bank Account Application Paul Manafort Richard Gates Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides 11 Lucicle Consultants Limited* $ Bank of Cyprus 288,410.00 Richard Gates Konstantin Kilimnik (As of 1/21/13) Paul Manafort Richard Gates Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides 12 Lucicle Consultants Limited $ 603,131.79 Richard Gates Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides Lucicle Consultants Limited* $ 1,427,810.00 Richard Gates Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides Hellenic Bank 13 Hellenic Bank *The maximum account value was converted from Euro and GBP to USD on the date of occurrence per the bank statement using the website https://www.oanda.com/currency/converter/. Case 1:18-cr-00083-TSE Case 1:17-cr-00201-ABJ Document Document 314-3 525-1 Filed 02/15/19 Filed 02/23/19 Page 11 Page of 13 166 PageID# of 246 6897 AGGREGATE MAXIMUM VALUE OF FOREIGN BANK ACCOUNTS IN 2013 Account Name, Financial Institution Maximum Item and Account Number Account Value 14 Beneficial Owner Listed on Bank Account Application 2,000,000.00 Konstantin Kilimnik Marziola Holdings Limited $ Olivenia Trading Limited* $ 0.64 Richard Gates Konstantin Kilimnik (As of 1/21/13) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides Olivenia Trading Limited $ 601,794.98 Richard Gates Konstantin Kilimnik (As of 1/21/13) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides Olivenia Trading Limited $ 601,079.22 Richard Gates Konstantin Kilimnik (As of 1/21/13) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides Yiakora Ventures Limited $ 11,943.28 Paul Manafort Konstantin Kilimnik (As of 1/21/13) Eleni Chrysostomides Chrystalla Pitsilli Dekatris Georgoula Mavrides Myrianthi Christou Hellenic Bank 15 Bank of Cyprus 16 Bank of Cyprus 17 Hellenic Bank 18 Authorized Signers Listed on Bank Account Application Bank of Cyprus Eleni Chrysostomides Chrystalla Pitsilli Dekatris Myrianthi Christou Evelina Georgiades Georgoula Mavrides *The maximum account value was converted from Euro and GBP to USD on the date of occurrence per the bank statement using the website https://www.oanda.com/currency/converter/. Case 1:18-cr-00083-TSE Case 1:17-cr-00201-ABJ Document Document 314-3 525-1 Filed 02/15/19 Filed 02/23/19 Page 12 Page of 13 167 PageID# of 246 6898 AGGREGATE MAXIMUM VALUE OF FOREIGN BANK ACCOUNTS IN 2013 Account Name, Financial Institution Maximum Item and Account Number Account Value 19 Beneficial Owner Listed on Bank Account Application Authorized Signers Listed on Bank Account Application Pompolo Limited* $ 1,838,260.00 Richard Gates Global Endeavour Inc. $ 2,999,950.00 Konstantin Kilimnik Myrianthi Christou Chrystalla Dekatris Eleni Chrysostomides Georgoula Mavrides Evelina Georgiades Global Endeavour Inc.* $ 2,036,960.00 Konstantin Kilimnik Myrianthi Christou Chrystalla Dekatris Eleni Chrysostomides Georgoula Mavrides Evelina Georgiades Jeunet Ltd.* $ 2,675,340.00 Konstantin Kilimnik Myrianthi Christou Chrystalla Dekatris Eleni Chrysostomides Georgoula Mavrides Evelina Georgiades HSBC UK 20 Loyal Bank Ltd. 21 Loyal Bank Ltd. 22 Loyal Bank Ltd AGGREGATE MAXIMUM VALUE: $ 18,788,808.57 *The maximum account value was converted from Euro and GBP to USD on the date of occurrence per the bank statement using the website https://www.oanda.com/currency/converter/. Case 1:18-cr-00083-TSE Case 1:17-cr-00201-ABJ Document Document 314-3 525-1 Filed 02/15/19 Filed 02/23/19 Page 13 Page of 13 168 PageID# of 246 6899 AGGREGATE MAXIMUM VALUE OF FOREIGN BANK ACCOUNTS IN 2014 Account Name, Financial Institution Maximum Item and Account Number Account Value 1 Beneficial Owner Listed on Bank Account Application Global Endeavour Inc. $ 259,797.56 Konstantin Kilimnik Myrianthi Christou Chrystalla Dekatris Eleni Chrysostomides Georgoula Mavrides Evelina Georgiades Global Endeavour Inc.* $ 1,622,660.00 Konstantin Kilimnik Myrianthi Christou Chrystalla Dekatris Eleni Chrysostomides Georgoula Mavrides Evelina Georgiades Jeunet Ltd.* $ 860,846.00 Konstantin Kilimnik Myrianthi Christou Chrystalla Dekatris Eleni Chrysostomides Georgoula Mavrides Evelina Georgiades Loyal Bank Ltd. 2 Loyal Bank Ltd. 3 Authorized Signers Listed on Bank Account Application Loyal Bank Ltd. AGGREGATE MAXIMUM VALUE: $ 2,743,303.56 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:18-cr-83 (T.S.E.) 73E *The maximum account value was converted from Euro to USD on the date of occurrence per the bank statement using the website https://www.oanda.com/currency/converter/. Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314-4525-1 Filed 02/15/19 Filed 02/23/19 Page Page 1 of 42 169 PageID# of 246 6900 EXHIBIT D Case Case 1:18-cr-00083-TSE Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4525-1 Filed 422 02/15/19 Filed Filed02/23/19 09/14/18 Page Page 2Page of 42 170 1PageID# ofof17246 6901 U.S. Department of Justice The Special Counsel's Office Washington, D.C. 20530 September 13, 2018 Kevin M. Downing, Esq. Law Office of Kevin M. Downing 601 New Jersey Avenue NW Suite 620 Washington, DC 20001 E SEP 14 20\8 Clerk, U.S. District & Bankruptcy courts for the District of Columbia Thomas E. Zehnle, Esq. Law Office of Thomas E. Zehnle 601 New Jersey Avenue NW Suite 620 Washington, DC 20001 Richard W. Westling, Esq Epstein Becker Green 1227 25 th Street NW Suite 700 Washington, DC 20037 Re: United States v. Paul .J. Manafort, Jr.. , I rim. No. 17-201-/ (ABJ) Dear Counsel: This letter sets forth the full and complete plea offer to your client Paul J. Manafort, Jr. (hereinafter referred to as "your client" or "defendant") from the Special Counsel's Office (hereinafter also referred to as "the Government" or "this Office"). If your client accepts the terms and conditions of this offer, please have your client execute this document in the space provided below. Upon receipt of the executed document, this letter will become the Plea Agreement (hereinafter referred to as the "Agreement"). The terms of the offer are as follows. 1. Charges and Statutory Penalties Your client agrees to plead guilty in the above-captioned case to all elements of all objects of all the charges in a Superseding Criminal Information, which will encompass the charges in Counts One and Two of a Superseding Criminal Information, charging your client with: A. conspiracy against the United States, in violation of 18 U.S.C. § 371 (which includes a conspiracy to: (a) money launder (in violation of 18 U.S.C. § 1956); (b) commit tax fraud Page 1 of 17 Case Case 1:18-cr-00083-TSE Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4525-1 Filed 422 02/15/19 Filed Filed02/23/19 09/14/18 Page Page 3Page of 42 171 2PageID# ofof17246 6902 (in violation of 26 U.S.C. § 7206(1)); (c) fail to file Foreign Bank Account Reports (in violation of 31 U.S.C. §§ 5314 and 5322(b)); (d) violate the Foreign Agents Registration Act (in violation of22 U.S.C. §§ 612, 618(a)(l), and 618(a)(2)); and (e) to lie to the Department of Justice (in violation of 18 U.S.C. § l00l(a) and 22 U.S.C. §§ 612 and 618(a)(2)); and B. conspiracy against the United States, in violation of 18 U.S.C. § 371, to wit: conspiracy to obstruct justice by tampering with witnesses while on pre-trial release (in violation of 18 U.S.C. § 1512). The defendant also agrees not to appeal any trial or pre-trial issue in the Eastern District of Virginia, or to challenge in the district court any such issue, and admits in the attached "Statement of the Offense" his guilt of the remaining counts against him in United States v. Paul J. Manafort, Jr., Crim. No. 1:18-cr-83 (TSE) (hereafter "Eastern District of Virginia.") A copy of the Superseding Criminal Information and Statement of the Offense are attached. Your client understands that each violation of 18 U.S.C. § 371 carries a maximum sentence of 5 years' imprisonment; a fine of not more than $250,000, pursuant to 18 U.S.C. § 3571(b)(3); a term of supervised release of not more than 3 years, pursuant to 18 U.S.C. § 3583(b)(2); and an obligation to pay any applicable interest or penalties on fines and restitution not timely made, and forfeiture. In addition, your client agrees to pay a mandatory special assessment of $200 to the Clerk of the United States District Court for the District of Columbia. Your client also understands that, pursuant to 18 U.S.C. § 3572 and§ 5El.2 of the United States Sentencing Guidelines, Guidelines Manual (2016) (hereinafter "Sentencing Guidelines," "Guidelines," or "U.S.S.G."), the Court may also impose a fine that is sufficient to pay the federal government the costs of any imprisonment, term of supervised release, and period of probation. 2. Factual Stipulations Your client agrees that the attached Statement of the Offense fairly and accurately describes and summarizes your client's actions and involvement in the offenses to which your client is pleading guilty, as well as crimes charged in the Eastern District of Virginia that remain outstanding, as well as additional acts taken by him. Please have your client sign and return the Statement of the Offense, along with this Agreement. 3. Additional Cbar·ges In consideration of your client's guilty plea to the above offenses, and upon the completion of full cooperation as described herein and fulfillment of all the other obligations herein, no additional criminal charges will be brought against the defendant for his heretofore disclosed participation in criminal activity, including money laundering, false statements, personal and corporate tax and FBAR offenses, bank fraud, Foreign Agents Registration Act violations for his work in Ukraine, and obstruction of justice. In addition, subject to the terms of this Agreement, at the time of sentence or at the completion of his successful cooperation, whichever is later, the Government will move to dismiss the remaining counts of the Indictment Page 2 of 17 Case Case 1:18-cr-00083-TSE Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4525-1 Filed 422 02/15/19 Filed Filed02/23/19 09/14/18 Page Page 4Page of 42 172 3PageID# ofof17246 6903 in this matter and in the Eastern District of Virginia and your client waives venue as to such charges in the event he breaches this Agreement. Your client also waives all rights under the Speedy Trial act as to any outstanding charges. 4. Sentencing Guidelines Analysis Your client understands that the sentence in this case will be determined by the Court, pursuant to the factors set forth in 18 U.S.C. § 3553(a), including a consideration of the applicable guidelines and policies set forth in the Sentencing Guidelines. Pursuant to Federal Rule of Criminal Procedure 11 (c)(1 )(B), and to assist the Court in determining the appropriate sentence, the Office estimates the Guidelines as follows: A. Estimated Offense Level Under the Guidelines Base offense level +8 +22 2S1.l(a) Base Offense Level: (1) The offense level for the underlying offense from which the laundered funds were derived, if (A) the defendant committed the underlying offense (or would be accountable for the underlying offense under subsection (a)(l)(A) of §lBl.3 (Relevant Conduct)); and (B) the offense level for that offense can be determined; or (2) 8 plus the number of offense levels from the table in §2Bl.1 (Theft, Property Destruction, and Fraud) corresponding to the value of the laundered funds, otherwise. Using more than $25 million threshold under 2Bl.1 Enhancement +2 Enhancement +2 Enhancement: +4 Enhancement: Combined Offense level Acceptance: Total for Counts One and Two: +2 +0 2S1.l(b)(2)(B) permits enhancement for 2 points if the conviction is pursuant to ~ 1956. 2S1. l(b)(3) adds two points for sophisticated laundering (which the guidelines lists as involving shell corporations and offshore financial accounts. 3Bl.l(a) aggravating role - 5 or more participants or otherwise extensive 3Cl.1 obstruction 3D1.4 -3 37 3El.l(b) acceptance of responsibility Advisory guidelines range of 210-262 Page 3 of 17 Case Case 1:18-cr-00083-TSE Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4525-1 Filed 422 02/15/19 Filed Filed02/23/19 09/14/18 Page Page 5Page of 42 173 4PageID# ofof17246 6904 The defendant agrees that all of the Sentencing Guidelines for money laundering applicable to charges brought under 18 U.S.C. § 1956 apply to Count One of the Superseding Criminal Information brought under 18 U.S.C. § 371. For the purposes of the Sentencing Guidelines analysis, the government calculates the highest guideline range among the offenses, namely the object of the conspiracy to violate Title 18 U.S.C. § 1956. The defendant's estimated guideline range for Count Two, the conspiracy to obstruct justice, is 30 (before any reduction for acceptance of responsibility), and would be grouped with Count One pursuant to §3D1.2(c). B. Acceptance of Responsibility The Government agrees that a 2-level reduction will be appropriate, pursuant to U.S.S.G. § 3E 1.1, provided that your client clearly demonstrates acceptance of responsibility, to the satisfaction of the Government, through your client's allocution, adherence to every provision of this Agreement, and conduct between entry of the plea and imposition of sentence. If the defendant has accepted responsibility as described above, and if the defendant pleads guilty on or before September 14, 2018, subject to the availability of the Court, an additional one-level reduction will be warranted, pursuant to U.S.S.G. § 3El.l(b). Nothing in this Agreement limits the right of the Government to seek denial of the adjustment for acceptance ofresponsibility, pursuant to U.S.S.G. § 3El.l, and/or imposition of an adjustment for obstruction of justice, pursuant to U.S.S.G. § 3Cl.l, regardless of any agreement set forth herein, should your client move to withdraw his guilty plea after it is entered, or should it be determined by the Government that your client has either (a) engaged in conduct, unknown to the Government at the time of the signing of this Agreement, that constitutes obstruction of justice, or (b) engaged in additional criminal conduct after signing this Agreement. In accordance with the above, the applicable Guidelines Offense Level will be at least 37. C. Estimated Criminal History Category Based upon the information now available to this Office, your client has no criminal convictions, other than in the Eastern District of Virginia. Your client acknowledges that depending on when he is sentenced here and how the Guidelines are interpreted, he may have a criminal history. If additional convictions are discovered during the pre-sentence investigation by the United States Probation Office, your client's criminal history points may increase. D. Estimated Applicable Guidelines Range Based upon the total offense level and the estimated criminal history category set forth above, the Office calculates your client's estimated Sentencing Guidelines range is 210 months to 262 months' imprisonment (the "Estimated Guidelin~s Range"). In addition, the Office calculates that, pursuant to U.S.S.G. § 5El.2, should the Court impose a fine, at Guidelines level Page 4 of 17 Case Case 1:18-cr-00083-TSE Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4525-1 Filed 422 02/15/19 Filed Filed02/23/19 09/14/18 Page Page 6Page of 42 174 5PageID# ofof17246 6905 37, the estimated applicable fine range is $40,000 to $400,000. Your client reserves the right to ask the Court not to impose any applicable fine. Your client agrees that, solely for the purposes of calculating the applicable range under the Sentencing Guidelines, a downward departure from the Estimated Guidelines Range set forth above is not warranted, subject to the paragraphs regarding cooperation below. Accordingly, you will not seek any departure or adjustment to the Estimated Guidelines Range set forth above, nor suggest that the Court consider such a departure or adjustment for any other reason other than those specified above. Your client also reserves the right to disagree with the Estimated Guideline Range calculated by the Office with respect to role in the offense. However, your client understands and acknowledges that the Estimated Guidelines Range agreed to by the Office is not binding on the Probation Office or the Court. Should the Court or Probation Office determine that a different guidelines range is applicable, your client will not be permitted to withdraw his guilty plea on that basis, and the Government and your client will still be bound by this Agreement. Your client understands and acknowledges that the terms of this section apply only to conduct that occurred before the execution of this Agreement. Should your client engage in any conduct after the execution of this Agreement that would form the basis for an increase in your client's base offense level or justify an upward departure (examples of which include, but are not limited to, obstruction of justice, failure to appear for a court proceeding, criminal conduct while pending sentencing, and false statements to law enforcement agents, the probation officer, or the Court), the Government is free under this Agreement to seek an increase in the base offense level based on that post-agreement conduct. 5. Agreement as to Sentencing Allocution Based upon the information known to the Government at the time of the signing of this Agreement, the parties further agree that a sentence within the Estimated Guidelines Range (or below) would constitute a reasonable sentence in light of all of the factors set forth in 18 U.S.C. § 3553(a), should such a sentence be subject to appellate review notwithstanding the appeal waiver provided below. 6. Reservation of Allocution The Government and your client reserve the right to describe fully, both orally and in writing, to the sentencing judge, the nature and seriousness of your client's misconduct, including any misconduct not described in the charge to which your client is pleading guilty. The parties also reserve the right to inform the presentence report writer and the Courts of any relevant facts, to dispute any factual inaccuracies in the presentence report, and to contest any matters not provided for in this Agreement. In the event that the Courts considers any Sentencing Guidelines adjustments, departures, or calculations different from any agreements contained in this Agreement, or contemplates a sentence outside the Guidelines range based upon the general sentencing factors listed in 18 U.S.C. § 3553(a), the parties reserve the right to answer any related inquiries from the Courts. In addition, your client acknowledges that the Page 5 of 17 Case Case 1:18-cr-00083-TSE Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4525-1 Filed 422 02/15/19 Filed Filed02/23/19 09/14/18 Page Page 7Page of 42 175 6PageID# ofof17246 6906 Government is not obligated to file any post-sentence downward departure motion in this case pursuant to Rule 35(b) of the Federal Rules of Criminal Procedure. 7. Court Not Bound by this Agreement or the Sentencing Guidelines Your client understands that the sentence in this case will be imposed in accordance with 18 U.S.C. § 3553(a), upon consideration of the Sentencing Guidelines. Your client further understands that the sentence to be imposed is a matter solely within the discretion of the Courts. Your client acknowledges that the Courts are not obligated to follow any recommendation of the Government at the time of sentencing or to grant a downward departure based on your client's substantial assistance to the Government, even if the Government files a motion pursuant to Section SK 1.1 of the Sentencing Guidelines. Your client understands that neither the Government's recommendation nor the Sentencing Guidelines are binding on the Courts. Your client acknowledges that your client's entry of a guilty plea to the charged offenses authorizes the Court to impose any sentence, up to and including the statutory maximum sentence, which may be greater than the applicable Guidelines range determined by the Court. Although the parties agree that the sentences here and in the Eastern District of Virginia should run concurrently to the extent there is factual overlap (i.e. the tax and foreign bank account charges), that recommendation is not binding on either Court. The Government cannot, and does not, make any promise or representation as to what sentences your client will receive. Moreover, your client acknowledges that your client will have no right to withdraw your client's plea of guilty should the Courts impose sentences that are outside the Guidelines range or if the Courts do not follow the Government's sentencing recommendation. The Government and your client will be bound by this Agreement, regardless of the sentence imposed by the Courts. Any effort by your client to withdraw the guilty plea because of the length of the sentence shall constitute a breach of this Agreement. 8. Cooperation Your client shall cooperate fully, truthfully, completely, and forthrightly with the Government and other law enforcement authorities identified by the Government in any and all matters as to which the Government deems the cooperation relevant. This cooperation will include, but is not limited to, the following: (a) The defendant agrees to be fully debriefed and to attend all meetings at which his presence is requested, concerning his participation in and knowledge of all criminal activities. (b) The defendant agrees to furnish to the Government all documents and other material that may be relevant to the investigation and that are in the defendant's possession or control and to participate in undercover activities pursuant to the specific instructions of law enforcement agents or the Government. (c) The defendant agrees to testify at any proceeding in the District of Colombia or elsewhere as requested by the Government. Page 6 of 17 t}I Case Case 1:18-cr-00083-TSE Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4525-1 Filed 422 02/15/19 Filed Filed02/23/19 09/14/18 Page Page 8Page of 42 176 7PageID# ofof17246 6907 (d) The defendant consents to adjournments of his sentences as requested by the Government. (e) The defendant agrees that all of the defendant's obligations under this agreement continue after the defendant is sentenced here and in the Eastern District of Virginia; and (f) The defendant must at all times give complete, truthful, and accurate information and testimony, and must not commit, or attempt to commit, any further crimes. Your client acknowledges and understands that, during the course of the cooperation outlined in this Agreement, your client will be interviewed by law enforcement agents and/or Government attorneys. Your client waives any right to have counsel present during these interviews and agrees to meet with law enforcement agents and Government attorneys outside of the presence of counsel. If, at some future point, you or your client desire to have counsel present during interviews by law enforcement agents and/or Government attorneys, and you communicate this decision in writing to this Office, this Office will honor this request, and this change will have no effect on any other terms and conditions of this Agreement. Your client shall testify fully, completely and truthfully before any and all Grand Juries in the District of Columbia and elsewhere, and at any and all trials of cases or other court proceedings in the District of Columbia and elsewhere, at which your client's testimony may be deemed relevant by the Government. Your client understands and acknowledges that nothing in this Agreement allows your client to commit any criminal violation of local, state or federal law during the period of your client's cooperation with law enforcement authorities or at any time prior to the sentencing in this case. The commission of a criminal offense during the period of your client's cooperation or at any time prior to sentencing will constitute a breach of this Agreement and will relieve the Government of all of its obligations under this Agreement, including, but not limited to, its obligation to inform this Court of any assistance your client has provided. However, your client acknowledges and agrees that such a breach of this Agreement will not entitle your client to withdraw your client's plea of guilty or relieve your client of the obligations under this Agreement. Your client agrees that the sentencing in this case and in the Eastern District of Virginia may be delayed until your client's efforts to cooperate have been completed, as determined by the Government, so that the Courts will have the benefit of all relevant information before a sentence is imposed. 9. Government's Obligations Page 7 of 17 Case Case 1:18-cr-00083-TSE Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4525-1 Filed 422 02/15/19 Filed Filed02/23/19 09/14/18 Page Page 9Page of 42 177 8PageID# ofof17246 6908 The Government will bring to the Courts' attention at the time of sentencing the nature and extent of your client's cooperation or lack of cooperation. The Government will evaluate the full nature and extent of your client's cooperation to determine whether your client has provided substantial assistance in the investigation or prosecution of another person who has committed an offense. If this Office determines that the defendant has provided substantial assistance in the form of truthful information and, where applicable, testimony, the Office will file motions pursuant to Section 5Kl.1 of the United States Sentencing Guidelines. Defendant will then be free to argue for any sentence below the advisory Sentencing Guidelines range calculated by the Probation Office, including probation. 10. Waivers A. Venue Your client waives any challenge to venue in the District of Columbia. B. Statute of Limitations Your client agrees that, should any plea or conviction following your client's pleas of guilty pursuant to this Agreement, or the guilty verdicts in the Eastern District of Virginia, be vacated, set aside, or dismissed for any reason (other than by government motion as set forth herein), any prosecution based on the conduct set forth in the attached Statement of the Offense, as well as any crimes that the Government has agreed not to prosecute or to dismiss pursuant to this Agreement, that is not time-barred by the applicable statute oflimitations on the date of the signing of this Agreement, may be commenced or reinstated against your client, notwithstanding the expiration of the statute of limitations between the signing of this Agreement and the commencement or reinstatement of such prosecution. It is the intent of this Agreement to waive all defenses based on the statute of limitations with respect to any prosecution of conduct set forth in the attached Statement of the Offense, or any other crimes that the Government has agreed not to prosecute, that are not time-barred on the date that this Agreement is signed. The Office and any other party will be free to use against your client, directly and indirectly, in any criminal or civil proceeding, all statements made by your client, including the Statement of the Offense, and any of the information or materials provided by your client, including such statements, information, and materials provided pursuant to this Agreement or during the course of any debriefings conducted in anticipation of, or after entry of, this Agreement, whether or not the debriefings were previously a part of proffer-protected debriefings, and your client's statements made during proceedings before the Court pursuant to Rule 11 of the Federal Rules of Criminal Procedure. C. Trial and Other Rights Your client understands that by pleading guilty in this case your client agrees to waive certain rights afforded by the Constitution of the United States and/or by statute or rule. Your client agrees to forgo the right to any further discovery or disclosures of information not already provided at the time of the entry of your client's guilty plea. Your client also agrees to waive, Page 8 of 17 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 422 02/15/19 Filed Filed02/23/19 09/14/18 Page 10 Page Page of 42 178 9 PageID# ofof17246 6909 among other rights, the right to be indicted by a Grand Jury, the right to plead not guilty, and the right to a jury trial. If there were a jury trial, your client would have the right to be represented by counsel, to confront and cross-examine witnesses against your client, to challenge the admissibility of evidence offered against your client, to compel witnesses to appear for the purpose of testifying and presenting other evidence on your client's behalf, and to choose whether to testify. If there were a jury trial and your client chose not to testify at that trial, your client would have the right to have the jury instructed that your client's failure to testify could not be held against your client. Your client would further have the right to have the jury instructed that your client is presumed innocent until proven guilty, and that the burden would be on the United States to prove your client's guilt beyond a reasonable doubt. If your client were found guilty after a trial, your client would have the right to appeal your client's conviction. Your client understands that the Fifth Amendment to the Constitution of the United States protects your client from the use of compelled self-incriminating statements in a criminal prosecution. By entering a plea of guilty, your client knowingly and voluntarily waives or gives up your client's right against compelled self-incrimination. Your client acknowledges discussing with you Rule l l(f) of the Federal Rules of Criminal Procedure and Rule 410 of the Federal Rules of Evidence, which ordinarily limit the admissibility of statements made by a defendant in the course of plea discussions or plea proceedings if a guilty plea is later withdrawn. Your client knowingly and voluntarily hereby waives the rights that arise under these rules to object to the use of all such statements by him on and after September 10, 2018, in the event your client breaches this agreement, withdraws his guilty plea, or seeks to withdraw from this Agreement after signing it. This Agreement supersedes the proffer agreement between the Government and the client. Your client also agrees to waive all constitutional and statutory rights to a speedy sentence and agrees that the pleas of guilty pursuant to this Agreement will be entered at a time decided upon by the parties with the concurrence of the Court. Your client understands that the date for sentencing will be set by the Courts. Your client agrees not to accept remuneration or compensation of any sort, directly or indirectly, for the dissemination through any means, including but not limited to books, articles, speeches, biogs, podcasts, and interviews, however disseminated, regarding the conduct encompassed by the Statement of the Offense, or the investigation by the Office or prosecution of any criminal or civil cases against him. D. Appeal Rights Your client understands that federal law, specifically 18 U.S.C. § 3742, affords defendants the right to appeal their sentences in certain circumstances. Your client agrees to waive the right to appeal the sentences in this case and the Eastern District of Virginia, including but not limited to any term of imprisonment, fine, forfeiture, award of restitution, term or condition of supervised release, authority of the Courts to set conditions of release, and the manner in which the sentences were determined, except to the extent the Courts sentence your client above the statutory maximum or guidelines range determined by the Courts or your client claims that your client received ineffective assistance of counsel, in which case your client would Page 9 of 17 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 422 02/15/19 Filed Filed 02/23/19 09/14/18 Page 11 Page Page of 42 179 10PageID# ofof17 246 6910 have the right to appeal the illegal sentence or above-guidelines sentence or raise on appeal a claim of ineffective assistance of counsel, but not to raise on appeal other issues regarding the sentencings. In agreeing to this waiver, your client is aware that your client's sentences have yet to be determined by the Courts. Realizing the uncertainty in estimating what sentences the Courts ultimately will impose, your client knowingly and willingly waives your client's right to appeal the sentence, to the extent noted above, in exchange for the concessions made by the Government in this Agreement. E. Collateral Attack Your client also waives any right to challenge the conviction entered or sentence imposed under this Agreement or in the Eastern District of Virginia or otherwise attempt to modify or change the sentences or the manner in which they were determined in any collateral attack, including, but not limited to, a motion brought under 28 U.S.C. § 2255 or Federal Rule of Civil Procedure 60(b), except to the extent such a motion is based on a claim that your client received ineffective assistance of counsel. Your client agrees that with respect to all charges referred to herein he is not a "prevailing party" within the meaning of the "Hyde Amendment," 18 U.S.C. § 3006A note, and will not file any claim under that law. F. Privacy Act and FOIA Rights Your client also agrees to waive all rights, whether asserted directly or by a representative, to request or receive from any department or agency of the United States any records pertaining to the investigation or prosecution of this case, including and without limitation any records that may be sought under the Freedom oflnformation Act, 5 U.S.C. § 552, or the Privacy Act, 5 U.S.C. § 552a, for the duration of the Special Counsel's investigation. 11. Restitution Your client understands that the Court has an obligation to determine whether, and in what amount, mandatory restitution applies in this case under 18 U.S.C. § 3663A. The Government and your client agree that mandatory restitution does not apply in this case. 12. Forfeiture a) Your client agrees to the forfeiture set forth in the Forfeiture Allegations in the Superseding Criminal Information to which your client is pleading guilty. Your client further agrees to forfeit criminally and civilly the following properties (collectively, the "Forfeited Assets") to the United States pursuant to Title 18, United States Code, Sections 981(a)(l)(A), 981(a)(l)(C), 982(a)(l), 982(a)(2); Title 21, United States Code, Section 853(p), and Title 28 U.S.C. § 2461(c), and further agrees to waive all interest in such assets in any administrative or judicial forfeiture proceeding, whether criminal or civil, state or federal: 1) The real property and premises commonly known as 377 Union Street, Brooklyn, New Page 10 of 17 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 422 02/15/19 Filed Filed 02/23/19 09/14/18 Page 12 Page Page of 42 180 11PageID# ofof17 246 6911 York 11231 (Block 429, Lot 65), including all appurtenances, improvements, and attachments thereon, and any property traceable thereto; 2) The real property and premises commonly known as 29 Howard Street, #4D, New York, New York 10013 (Block 209, Lot 1104), including all appurtenances, improvements, and attachments thereon, and any property traceable thereto; 3) The real property and premises commonly known as 174 Jobs Lane, Water Mill, New York 11976, including all appurtenances, improvements, and attachments thereon, and any property traceable thereto; 4) All funds held in account number property traceable thereto; 0969 at The Federal Savings Bank, and any 5) All funds seized from account number property traceable thereto; 6) All funds seized from account number property traceable thereto; 1388 at Capital One N.A., and any 9952 at The Federal Savings Bank, and any 7) Northwestern Mutual Universal Life Insurance Policy and any property traceable thereto; 8) The real property and premises commonly known as 123 Baxter Street, #5D, New York, New York 10016 in lieu of 1046 N. Edgewood Street; and 9) The real property and premises commonly known as 721 Fifth Avenue, #43G, New York, New York 10022 in lieu of all funds from account number ~ at Charles Schwab & Co. Inc., and any property traceable thereto. Your client agrees that his consent to forfeiture is final and irrevocable as to his interests in the Forfeited Assets. b) Your client agrees that the facts set forth in the Statement of Facts and admitted to by your client establish that the Forfeited Assets are forfeitable to the United States pursuant to Title 18, United States Code, Sections 981 and 982, Title 21, United States Code, Section 853, and Title 28, United States Code, Section 2461. Your client admits that the Forfeited Assets numbered 1 through 7, above, represent property that constitutes or is derived from proceeds of, and property involved in, the criminal offenses in the Superseding Criminal Information to which . your client is pleading guilty. Your client further agrees that all the Forfeited Assets (numbered 1 through 9) can additionally be considered substitute assets for the purpose of forfeiture to the United States pursuant to Title 18, United States Code, Section 982(b); Title 21, United States Code, Section 853(p); and Title 28, United States Code, Section 2461(c). Page 11 of 17 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 422 02/15/19 Filed Filed 02/23/19 09/14/18 Page 13 Page Page of 42 181 12PageID# ofof17 246 6912 c) Your client agrees that the Court may enter a preliminary order of forfeiture for the Forfeited Assets at the time of your client's guilty plea or at any time before sentencing, and consents thereto. Your client agrees that the Court can enter a Final Order of Forfeiture for the Forfeited Assets, and could do so as part of his sentence. d) Your client further agrees that the government may choose in its sole discretion how it wishes to accomplish forfeiture of the property whose forfeiture your client has consented to in this plea agreement, whether by criminal or civil forfeiture, using judicial or non-judicial forfeiture processes. If the government chooses to effect the forfeiture provisions of this plea agreement through the criminal forfeiture process, your client agrees to the entry of orders of forfeiture for such property and waives the requirements of Federal Rules of Criminal Procedure 1 l(b)(l)(J) and 32.2 regarding notice of the forfeiture in the charging instrument, advice regarding the forfeiture at the change-of-plea hearing, announcement of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment. e) Your client understands that the United States may institute civil or administrative forfeiture proceedings against all forfeitable property in which your client has an interest, including the Forfeited Assets, without regard to the status of his criminal conviction. Your client further consents to the civil forfeiture of the Forfeited Assets to the United States, without regard to the status of his criminal conviction. In connection therewith, your client specifically agrees to waive all right, title, and interest in the Forfeited Assets, both individually and on behalf of DMP International, Summerbreeze LLC, or any other entity of which he is an officer, member, or has any ownership interest. Your client waives all defenses based on statute of limitations and venue with respect to any administrative or civil forfeiture proceeding related to the Forfeited Assets. f) Your client represents that with respect to each of the Forfeited Assets, he is either the sole and rightful owner and that no other person or entity has any claim or interest, or that he has secured the consent from any other individuals or entities having an interest in the Forfeited Assets to convey their interests in the Forfeited Assets to him prior to entry of the Order of Forfeiture (with the exception of previously disclosed mortgage holders). Your client warrants that he has accurately represented to the Government all those individuals and entities having an interest in the Forfeited Assets and the nature and extent of those interests, including any mortgages or liens on the Forfeited Assets. Your client agrees to take all steps to pass clear title to the Forfeited Assets to the United States (with the exception of previously disclosed mortgage liens). Your client further agrees to testify truthfully in any judicial forfeiture proceeding, and to take all steps to effectuate the same as requested by the Government. Your client agrees to take all steps requested by the Government to obtain from any other parties by any lawful means any records of assets owned at any time by your client, including but not limited to the Forfeited Assets, and to otherwise facilitate the effectuation of forfeiture and the maximization of the value of Forfeited Assets for the United States. g) Your client agrees that, to the extent that he does not convey to the United States Page 12 of 17 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 422 02/15/19 Filed Filed 02/23/19 09/14/18 Page 14 Page Page of 42 182 13PageID# ofof17 246 6913 clear title to each of the Forfeited Assets, the United States is entitled, in its sole discretion, either to vacatur of the plea agreement or to forfeiture to the United States of a sum of money equal to the value of that asset at the time this agreement was executed. Your client consents to modification of any Order of Forfeiture at any point to add such sum of money as a forfeiture judgment in substitution for Forfeited Assets. h) Your client hereby abandons any interest he has in all forfeitable property and consents to any disposition of the property by the government without further notice or obligation whatsoever owning to your client. i) Your client agrees not to interpose any claim, or to assist others to file or interpose any claim, to the Forfeited Assets in any proceeding, including but not limited to any civil or administrative forfeiture proceedings and any ancillary proceedings related to criminal forfeiture. Your client agrees that he shall not file any petitions for remission, restoration, or any other assertion of ownership or request for return relating to the Forfeited Assets, or any other action or motion seeking to collaterally attack the seizure, restraint, forfeiture, or conveyance of the Forfeited Assets, nor shall your client assist any other in filing any such claims, petitions, actions, or motion. Contesting or assisting others in contesting forfeiture shall constitute a material breach of the Agreement, relieving the United States of all its obligations under the Agreement. Your client agrees not to seek or accept, directly or indirectly, reimbursement or indemnification from any source with regard to the assets forfeited pursuant to this Agreement. j) In the event your client fails to deliver the assets forfeited pursuant to this agreement, or in any way fails to adhere to the forfeiture provisions of this agreement, the United States reserves all remedies available to it, including but not limited to vacating the Agreement based on a breach of the Agreement by your client. k) Your client agrees that the forfeiture provisions of this plea agreement are intended to, and will, survive him notwithstanding the abatement of any underlying criminal conviction after the execution of this Agreement. 1) Your client agrees that he will not claim, assert, or apply for, directly or indirectly, any tax deduction, tax credit, or any other taxable offset with regard to any federal, state, or local tax or taxable income for payments of any assets forfeited pursuant to this Agreement. m) Your client agrees to waive all constitutional and statutory challenges in any manner (including, but not limited to, direct appeal) to any forfeiture carried out in accordance with this Agreement on any grounds, including that the forfeiture constitutes an excessive fine or punishment. Page 13 of 17 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 422 02/15/19 Filed Filed 02/23/19 09/14/18 Page 15 Page Page of 42 183 14PageID# ofof17 246 6914 13. Breach of Agreement Your client understands and agrees that, if after entering this Agreement, your client fails specifically to perform or to fulfill completely each and every one of your client's obligations under this Agreement, or engages in any criminal activity prior to sentencing or during his cooperation (whichever is later), your client will have breached this Agreement. Should it be judged by the Government in its sole discretion that the defendant has failed to cooperate fully, has intentionally given false, misleading or incomplete information or testimony, has committed or attempted to commit any further crimes, or has otherwise violated any provision of this agreement, the defendant will not be released from his pleas of guilty but the Government will be released from its obligations under this agreement, including (a) not to oppose a downward adjustment of two levels for acceptance of responsibility described above, and to make the motion for an additional one-level reduction described above and (b) to file the motion for a downward departure for cooperation described above. Moreover, the Government may withdraw the motion described above, if such motion has been filed prior to sentencing. In the event that it is judged by the Government that there has been a breach: (a) your client will be fully subject to criminal prosecution, in addition to the charges contained in the Superseding Criminal Information, for any crimes to which he has not pled guilty, including perjury and obstruction of justice; and (b) the Government and any other party will be free to use against your client, directly and indirectly, in any criminal or civil proceeding, all statements made by your client, including the Statement of the Offense, and any of the information or materials provided by your client, including such statements, information, and materials provided pursuant to this Agreement or during the course of any debriefings conducted in anticipation of, or after entry of, this Agreement, whether or not the debriefings were previously a part of profferprotected debriefings, and your client's statements made during proceedings before the Court pursuant to Rule 11 of the Federal Rules of Criminal Procedure. Your client understands and agrees that the Government shall be required to prove a breach of this Agreement only by good faith. Nothing in this Agreement shall be construed to protect your client from prosecution for any crimes not included within this Agreement or committed by your client after the execution of this Agreement. Your client understands and agrees that the Government reserves the right to prosecute your client for any such offenses. Your client further understands that any perjury, false statements or declarations, or obstruction of justice relating to your client's obligations under this Agreement shall constitute a breach of this Agreement. In the event of such a breach, your client will not be allowed to withdraw your client's guilty plea. 14. Complete Ag1·eement Apart from the written proffer agreement initially dated September 11, 2018, which this Agreement supersedes, no agreements, promises, understandings, or representations have been Page 14 of 17 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 422 02/15/19 Filed Filed 02/23/19 09/14/18 Page 16 Page Page of 42 184 15PageID# ofof17 246 6915 made by the parties or their counsel other than those contained in writing herein, nor will any such agreements, promises, understandings, or representations be made unless committed to writing and signed by your client, defense counsel, and the Office. Your client further understands that this Agreement is binding only upon the Office. This Agreement does not bind any United States Attorney's Office, nor does it bind any other state, local, or federal prosecutor. It also does not bar or compromise any civil, tax, or administrative claim pending or that may be made against your client. If the foregoing terms and conditions are satisfactory, your client may so indicate by Page 15 of 17 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 422 02/15/19 Filed Filed 02/23/19 09/14/18 Page 17 Page Page of 42 185 16PageID# ofof17 246 6916 signing this Agreement and the Statement of the Offense, and returning both to the Office no later than September 14, 2018. Sincerely yours, ROBERT S. MUELLER, III Special Counsel By: d /.. b/_ ~~ Andrew Weissmann Jeannie S. Rhee Greg D. Andres Kyle R. Freeny Senior/Assistant Special Counsels Page 16 of 17 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 422 02/15/19 Filed Filed 02/23/19 09/14/18 Page 18 Page Page of 42 186 17PageID# ofof17 246 6917 DEFENDANT'S ACCEPTANCE I have read every page of this Agreement and have discussed it with my attorneys Kevin Downing, Thomas Zehnle, and Richard Westling. I am fully satisfied with the legal representation by them, who I have chosen to represent me herein. Nothing about the quality of the representation of other counsel is affecting my decision herein to plead guilty. I fully understand this Agreement and agree to it without reservation. I do this voluntarily and of my own free will, intending to be legally bound. No threats have been made to me nor am I under the influence of anything that could impede my ability to understand this Agreement fully. I am pleading guilty because I am in fact guilty of the offense identified in this Agreement. I reaffirm that absolutely no promises, agreements, understandings, or conditions have been made or entered into in connection with my decision to plead guilty except those set forth in this Agreement. I am satisfied with the legal services provided by my attorneys in connection with this Agreement and matters related to it. Date: __9_-_1_1_-~tf_ _ _ Defendant ATTORNEYS'ACKNOWLEDGMENT I have read every page of this Agreement, reviewed this Agreement with my client, Paul J. Manafort, and fully discussed the provisions of this Agreement with my client. These pages accurately and completely set forth the entire Agreement. I concur in my client's desire to plead guilty as set forth in this Agreement. Date: - - - - - -- - Ke in M. Downing 1chard W. Westling Thomas E. Zehnle Attorneys for Defendant Page 17 of 17 /fa Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed02/23/19 09/14/18 Page 19 Page Page of 42 187 1 PageID# ofof24246 6918 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed02/23/19 09/14/18 Page 20 Page Page of 42 188 2 PageID# ofof24246 6919 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed02/23/19 09/14/18 Page 21 Page Page of 42 189 3 PageID# ofof24246 6920 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed02/23/19 09/14/18 Page 22 Page Page of 42 190 4 PageID# ofof24246 6921 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed02/23/19 09/14/18 Page 23 Page Page of 42 191 5 PageID# ofof24246 6922 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed02/23/19 09/14/18 Page 24 Page Page of 42 192 6 PageID# ofof24246 6923 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed02/23/19 09/14/18 Page 25 Page Page of 42 193 7 PageID# ofof24246 6924 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed02/23/19 09/14/18 Page 26 Page Page of 42 194 8 PageID# ofof24246 6925 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed02/23/19 09/14/18 Page 27 Page Page of 42 195 9 PageID# ofof24246 6926 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed 02/23/19 09/14/18 Page 28 Page Page of 42 196 10PageID# ofof24 246 6927 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed 02/23/19 09/14/18 Page 29 Page Page of 42 197 11PageID# ofof24 246 6928 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed 02/23/19 09/14/18 Page 30 Page Page of 42 198 12PageID# ofof24 246 6929 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed 02/23/19 09/14/18 Page 31 Page Page of 42 199 13PageID# ofof24 246 6930 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed 02/23/19 09/14/18 Page 32 Page Page of 42 200 14PageID# ofof24 246 6931 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed 02/23/19 09/14/18 Page 33 Page Page of 42 201 15PageID# ofof24 246 6932 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed 02/23/19 09/14/18 Page 34 Page Page of 42 202 16PageID# ofof24 246 6933 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed 02/23/19 09/14/18 Page 35 Page Page of 42 203 17PageID# ofof24 246 6934 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed 02/23/19 09/14/18 Page 36 Page Page of 42 204 18PageID# ofof24 246 6935 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed 02/23/19 09/14/18 Page 37 Page Page of 42 205 19PageID# ofof24 246 6936 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed 02/23/19 09/14/18 Page 38 Page Page of 42 206 20PageID# ofof24 246 6937 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed 02/23/19 09/14/18 Page 39 Page Page of 42 207 21PageID# ofof24 246 6938 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed 02/23/19 09/14/18 Page 40 Page Page of 42 208 22PageID# ofof24 246 6939 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed 02/23/19 09/14/18 Page 41 Page Page of 42 209 23PageID# ofof24 246 6940 Case 1:18-cr-00083-TSE Case Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-4 525-1 Filed 423 02/15/19 Filed Filed 02/23/19 09/14/18 Page 42 Page Page of 42 210 24PageID# ofof24 246 6941 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314-5525-1 Filed 02/15/19 Filed 02/23/19 Page Page 1 of 15 211 PageID# of 246 6942 EXHIBIT E Case Case Case 1:18-cr-00083-TSE 1:17-cr-00248-TSE 1:17-cr-00201-ABJ Document Document Document 314-5 10 525-1 Filed Filed 10/26/17 02/15/19 Filed 02/23/19 Page Page Page 12 of of 14 15 212 PageID# PageID# of 246 13 6943 IN THE UN ITED STATES DISTR ICT COURT FOi EASTERN DISTRICT OF VTRGIN IJ\ Alexandria Division UN ITED STATES OF AME RICA V. HYUNG KWON KIM, Defendant. ) ) ) ) ) ) ) Criminal No. I: I 7-CR-248 Hon. T. S. Ellis, IIT ) PLEA AG REEMENT Dana J. Boente. United States Attorney fo r the Eastern District of Virginia; Mark D. Lytle. Assistant Uni ted States Attorney: Stuart M. Goldberg. Acting Deputy Assistant Attorney General for the Tax Division. U.S. Department of Justice; Mark F. Daly. Senior Litigation Counsel and Robert J. Boudreau, Trial Attorney; the defe ndant, 1-lyung Kwon Kim; and the defendant's counsel have entered into an agreement pursuant to Rule 11 of the federal Rules of Crim inal Procedure. The terms of the agreement arc as fo llows: 1. Offense and Maximum Penalties The defendant agrees lo waive ind ictment and plead guilty to a single count criminal information charging the defendant with will f'u l fai lure to file a Report of Foreign Bank and Financial Accounts, FinCEN Report 11 4 (formerly TD F 90.22-1 ) (as applicable, "FBAR") with the Department ol"the Treasury, in violation of' Ti tle 31, United States Code, Sections 53 14 and 5322(a), and Title 3 1, Code or Federal Regulations, Section IOI 0.350. The maximum pcnnltics lo r thi s offense arc: a max imum term of imprisonment of fi ve years of imprisonment; a max imum fine of the grea ter o f $250.000 or twice the gross gai n or loss; a spec ial assessment, pursuant to 18 U.S.C. §§ 30 13 and 3014: and three years of Case Case Case 1:18-cr-00083-TSE 1:17-cr-00248-TSE 1:17-cr-00201-ABJ Document Document Document 314-5 10 525-1 Filed Filed 10/26/17 02/15/19 Filed 02/23/19 Page Page Page 23 of of 14 15 213 PageID# PageID# of 246 14 6944 supervised release. The defendant understands that this supervised release term is in addition to any prison term the defendant may receive, and that a violation of a term of supervised release could result in the defendant being returned to prison for the full term of supervised release. 2. Factual Basis fo r the Pica The defendant wil l plead guilty because the defendant is in fact guilty of the charged offense. The defendant admits the facts set forth in the Statement of Facts filed with this plea agreement and agrees that those facts establish guilt of the offense charged beyond a reasonable doubt. The Statement of !'acts, which is hereby incorporated into this plea agreement, constitutes a stipulation of facts for purposes of Section I Bl .2(a) of the U.S. Sentencing Commission's Sentencing Guidelines Manual ("Sentencing Guidelines"). 3. Assistance and Advice of Counsel The defendant is satisfied that his attorneys have rendered effective assistance. The defendant understands that by entering into this plea agreement, he surrenders certain rights as provided in this plea agreement. The defendant understands that the rights of criminal defendants include the following: a. the right to plead not guilty and to persist in that plea; b. the right to a jury trial; c. the right to be represented by counsel - and, if necessary, have the Court appoint counsel - at trial and at every other stage of the proceedings; and d. the right al trial to confront and to cross-examine adverse witnesses. to be protected from compel led self-incrimination, to testify and present evidence, and to compel the attendance of witnesses. Page 2 of 14 Case Case Case 1:18-cr-00083-TSE 1:17-cr-00248-TSE 1:17-cr-00201-ABJ Document Document Document 314-5 10 525-1 Filed Filed 10/26/17 02/15/19 Filed 02/23/19 Page Page Page 34 of of 14 15 214 PageID# PageID# of 246 15 6945 4. Role of the Court and th e Probation Office The defendant understands that the Court has jurisdiction and authority to impose any sentence within the statutory max imum described above but that the Court will determine hi s actual sentence in accordance with 18 U.S.C. § 3553(a). The defendant understands that the Court has not yet dete1111ined a sentence and that any estimate of the advisory sentencing range under the Sentencing Guideli nes be may have received from his counsel, the United States, or the Probation Office, is a prediction, not a promise, and is not binding on the United States, the Probation Office, or the Court. Addi tionally, pursuant to the Supreme Court's decision in United States v. Booker, 543 U.S. 220 (2005), the Court, af1er considering the factors set forth in 18 U.S.C. § 3553(a), may impose a sentence above or below the Sentencing Guidelines ' advisory sentencing range, subject only to review by higher courts for reasonableness. The United States makes no promise or representation concerning what sentence the defendant will receive, and he cannot withdraw a guilty plea based upon the actual sentence. 5. Sentencing G uidelines The Government contends that the applicable Guideline in thi s matter should be U.S.S.G. § 2S l .3(a)(2), § 28 I. I, and § 2S1.3(b)(2) because the defendant fi led two fa lse FBARs and a fa lse U.S. Individual Income Tax Return, Form 1040, within a 12-month period. However, at the time that the defendant agreed to plead guilty, the Government consistently took the position with similarly situated defendants that the applicable Gu ideline vvas U.S.S.G. § 2TI .1 and § 2Tl .4 due to the cross reference in 2S 1.3(c)(l). Therefore. in order to ensure that the defendant receives equitable treatment, and in accordance with Federal Rule of Criminal Procedure 11 (c)( I)(B), the United States and the Page 3 of 1-t Case Case Case 1:18-cr-00083-TSE 1:17-cr-00248-TSE 1:17-cr-00201-ABJ Document Document Document 314-5 10 525-1 Filed Filed 10/26/17 02/15/19 Filed 02/23/19 Page Page Page 45 of of 14 15 215 PageID# PageID# of 246 16 6946 defendant will reconunend to the Court that the following provisions of the Sentencing Guidelines apply: a. The base offense level for this offense is 16 pursuant to U.S.S.G. § 2Tl.1 (a)(l) and § 2T4. I (F), because the tax loss exceeded $100,000; b. The base offense level is increased by 2 levels pursuant to U.S .S.G. § 2T 1.1 (b)(2) because the offense involved sophisticated means; and c. the parties agree that they are free to argue other provisions of the Sentencing Guidelines not referenced herein or the sentencing factors under 18 U.S.C. § 3553(a). The United States and the defendant also agree that he has assisted the government in the investigation and prosecution of his own misconduct by timely notifying authorities of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the government and the Court to allocate their resources efficiently. If the defendant qualifies for a two-level decrease in offense level pursuant to Sentencing Guidelines § 3E 1.1 (a) and the offense level prior to the operation of that section is 16 or greater, the government agrees to file, pursuant to Sentencing Guidelines § 3El .1 (b), a motion prior to, or at the time of, sentencing for an additional one-level decrease in the defendant's offense level. 6. Waiver of Appeal, FOIA, Privacy Act Rights, Venue and Statute of Limitations The defendant also understands that 18 U.S .C. § 3742 affords him the right to appeal the sentence imposed. Nonetheless, the defendant knowingly waives the right to appeal the conviction and any sentence within the statutory maximum described above (or tbe maimer in which that sentence was detennined) on the grounds set forth in 18 U.S .C. § 3742 or on any ground whatsoever other than an ineffective assistance of counsel claim that is cognizable on Page 4 of 14 Case Case Case 1:18-cr-00083-TSE 1:17-cr-00248-TSE 1:17-cr-00201-ABJ Document Document Document 314-5 10 525-1 Filed Filed 10/26/17 02/15/19 Filed 02/23/19 Page Page Page 56 of of 14 15 216 PageID# PageID# of 246 17 6947 direct appeal, in exchange fo r the concessions made by the United States in this plea agreement. This pica agreement does not affect the rights or obligations of the United States as set forth in 18 U.S.C. § 3742(b). The defendant hereby ,,vaives all rights, whether asserted directly or by a representati ve, to request or receive from any department or agency of the United States any records pertaining to the investigation or prosecution of th is case, including without limitation any records that may be sought under the Freedom ofln fo nnation Act, 5 U.S.C. § 552, or the Privacy Act, 5 U.S.C. § 552a. The defendant knowingly wa ives all rights to the venue requirement fo r Count One of the Information due to the fac t that venue for the crimes committed lies in any other Federal j udicial district. and the defendant further agrees to be prosecuted for this charge in the Eastern District of Virginia. The defendant knowingly wa ives all rights to raise any defense based on the fai lure of a federal grand jury or the United States to charge him with the offense described in paragraph I of this agreement within any applicable statute of limitat ions. 7. Special Assessment Before sentencing in th is case, the defendant agrees to pay a mandatory spec ial assessment of one hundred dollars ($ 100.00). 8. Pay ment of Monetary Penalties The defendant understands and agrees that, pursuant to 18 U.S.C. § 3613, whatever monetary penalties are imposed by the Court will be due immediately and subject to immediate enforcement by the United States as provided fo r in Section 3613, Furthermore, wi thin 14 days o f a request, the de fendant agrees to provide all of the defendant's financial information to the Page 5 o f 14 Case Case Case 1:18-cr-00083-TSE 1:17-cr-00248-TSE 1:17-cr-00201-ABJ Document Document Document 314-5 10 525-1 Filed Filed 10/26/17 02/15/19 Filed 02/23/19 Page Page Page 67 of of 14 15 217 PageID# PageID# of 246 18 6948 United States and the Probation Office and, if requested, to participate in a pre-sentencing debtor's examination and/or complete a financial statement under penalty of pe1ju1y . lf the Court imposes a schedule of payments, the defendant understands that the schedule of payments is merely a minimum schedule of payments and not the only method. nor a limitation on the methods, available to the United States to enforce the judgment. If the defendant is incarcerated, he agrees voluntarily to participate in the Bureau of Prisons' Inmate Financial Responsibi lity Program, regardless of whether the Court specifically directs participation or imposes a schedule of payments. 9. Res titution The defendant agrees to the ent1y of a Restitution Order for the ful l amount of the victim's losses pursuant to 18 U.S.C. § 3663(a)(3). Victims of the conduct, as defined by 18 U.S.C. § 3663(a)(2) and described in the charging instrument or Statement of Facts or any other document describing the defendant's conduct, shall be entitled to restitution. Without limiting the amount of restitution that the Court must impose, the parties agree that, at a minimum, the fo llowing victims have suffered the following losses: Victim Name/ Address lRS- RACS Attn.: Mai l Stop 6261 , Restitution 333 West Pershing Avenue Kansas City, MO 64108 Amount of Restitut ion TBD The parties acknowledge that determination of the loss amounts for all victims in this matter is a complicated and time consuming process. To that end. the defendant agrees, pursuant to I 8 U.S.C. § 3664(d)(5), that the Court may defer the imposition of restitution unti l after the sentencing; however, the defendant specifically waives the 90 day provision found at 18 U.S.C. Page 6 of 14 Case Case Case 1:18-cr-00083-TSE 1:17-cr-00248-TSE 1:17-cr-00201-ABJ Document Document Document 314-5 10 525-1 Filed Filed 10/26/17 02/15/19 Filed 02/23/19 Page Page Page 78 of of 14 15 218 PageID# PageID# of 246 19 6949 § 3664(d)(5) and consents to the en try o f any orders pertaining to restitution arter sentencing without limitation. If the Court orders the defendant to pay restitut ion to the IRS fo r the fai lure to pay tax, either directly as part of the sentence or as a condition of supervised release, the IRS will use the restitution order as the basis for a civil assessment. See 26 U.S.C. § 620 1(a)(4). The defendant does not have the right to chall enge the amount o f this assessment. See 26 U.S.C. § 6201 (a)(4)(C). Neither the existence of a restitution payment schedule nor the defendant's timely payment of restitution according to that schedul e wi ll preclude the IRS from administrative collection of the rest itution-based assessment, including levy and distraint under 26 U.S.C. § 633 I. 10. rmm unity from Further Prosecution in this District The United States will not further criminally prosecute the defendant in the Eastern District of Virginia fo r the specific conduct described in the in format ion or Statement of Facts. 11. Waiver of Protections of Proffer Agreement The defendant agrees that all protections set fo rth in any proffer letter executed in relation to this case are hereby waived. The defendant further agrees that the government may use all statements provided by him, without limitation. in any proceeding brought by the government, including the Internal Revenue Service, against the defendant. 12. Defendant's Cooperation The defendant agrees to cooperate full y and truthfully with the Uni ted States, and provide all information known to him regarding any criminal activity as requested by the govern ment. Ln that regard: Page 7 or 14 Case Case Case 1:18-cr-00083-TSE 1:17-cr-00248-TSE 1:17-cr-00201-ABJ Document Document Document 314-5 10 525-1 Filed Filed 10/26/17 02/15/19 Filed 02/23/19 Page Page Page 89 of of 14 15 219 PageID# PageID# of 246 20 6950 a. The defendan t agrees to appear for and testify truthfully and completely at any grand juries. trials or other proceedi ngs. b. The defendant agrees to be reasonably available for deb1iefings, meetings, and pre-trial confe rences as the United States may require. c. The defendant agrees to provide all documents, records, writings, or materials of any kind in the defendant's possession or under his care, custody, or control relating directly or indirectly to all areas of inqui ry and investigation. Nothing in this plea agreement requii-es the defendant to waive any valid asserti on of the attorney client privilege as to counsel advising him in connection with this invest igation or any related proceeding. d. The defendant agrees that, at the request of the United States, he will voluntarily submit to polygraph examinations, and that the United States will choose the polygraph exami ner and spec ify the procedures for the examinations. e. The defendant agrees that the Statement of FacL<, is limited to information necessary to support the plea. The defendant will provide more detailed facts relating to this case during ensuing debriefi ngs. f. The defendant agrees to execute any and all instructions and authorizations to direct inclivicluals, entities, or financial institutions to provide account documents and information as well as to repatriate funds held by foreign financial institutions in order to accomplish the terms and conditions of this pi ca agreement. g. The defendant acknowledges that he is hereby on notice that he may not violate any federa l. state, or local criminal law while cooperating with the govenunent, and that the government will. in its discretion. cons ider any such violation in evaluating whether to fi le a motion fo r a downward departure or reduction of sentence. Page 8 of 1-t Case Case 1:18-cr-00083-TSE Case 1:17-cr-00248-TSE 1:17-cr-00201-ABJ Document Document Document 314-5 10 525-1 Filed Filed 02/15/19 10/26/17 Filed 02/23/19 Page Page 10 Page 9 ofof14 15 220 PageID# PageID# of 246 21 6951 h. Noth ing in this plea agreement places any obligation on the government to seek the defendant's cooperation or assistance. 13. Use oflnformation Provided by the Defendant under this Plea Agreement. The United States will not use any truthful in fo rmation provided pursuant to this plea agreement in any criminal prosecution aga inst the defendant in the Eastern District of Virginia, except in any prosecution for a crime of violence or conspiracy to commit, or aiding and abetting, a crime of violence (as defined in 18 U.S.C. § 16). Pursuant to Sentencing Gu idelines § I B 1.8, no truthful infom1ation that the defendant provides under tl1is plea agreement wil l be used in determining the applicable Sentencing Gu idelines advisory sentencing range, except as provided in § I BI .8(b). Nothing in this plea agreement, however. restricts the Court's or Probat ion Officer's access to information and records in the possession of the United States. ru,ihermore, nothing in this plea agreement prevents the government in any way from prosecuting the defendant should he knowingly provide false, untruthful , or pe1jurious information or testimony, or from using information prov ided by the defendant in furtherance of any forfe iture action, whether criminal or civil, ad mini strative or judicial. The United States will bring this plea agreement and the full extent of the defendant's cooperation to the attention of other prosecuting offices if requested. 14. Defendant Must P rovide Full, Complete and T ruthful Cooperation This plea agreement is not conditioned upon charges being brought against any other indi vidual. This pica agreement is not cond itioned upon any outcome in any pending investigation. This plea agreement is not conditioned upon any result in any future prosecution which may occur because of the defendant's cooperation. This plea agreement is not conditi oned upon any result in any future grand jury presentation or trial involving charges Page 9 of 1-t Case Case 1:18-cr-00083-TSE Case 1:17-cr-00248-TSE 1:17-cr-00201-ABJ Document Document Document 314-5 10 525-1 Filed Filed 10/26/17 02/15/19 Filed 02/23/19 Page Page 10 11 Page of of 14 15 221 PageID# PageID# of 246 22 6952 resulting from this investigation. This pica agreement is cond itioned upon the defendant providing full. complete and truth ful cooperation. 15. Motion for a Downward D eparture The parties agree that the United States reserves the right to seek any departure from the applicable Sentencing Guidelines advisory sentencing range, pursuant to§ 5K 1.1 of the Sentencing Guideli nes and Policy Statements, or any reducti on of sentence pursuant to Federal Rule of Criminal Procedure 35(b), if, in its sole discretion, Lhe United States determi nes that such a departure or reduction of sentence is appropriate. J6. Pay ment of Taxes and Filing of T ax Returns The defendant consents to any motion by the United States, under Federal Rule of Criminal Procedure 6(e)(J)(E), to disclose grand jury material to the Internal Revenue Service (" IRS") fo r use in computing and co llecting his taxes, interest and penalties, and to the civil and fo rfeiture sections or the United States Attorney"s Office for use in identi fy ing assets and collecting fi nes and restit11ti on. The defendant also agrees to file true and correct Amended U.S. Individual Income Tax Returns, Forms I040X, for the years 2003 through 20 10 and to pay all taxes, interest and penalties for the years 2003 through 20 I0, prior to sentencing, as will be agreed upon between him and the IRS, or as otherwise imposed or assessed by the TRS. The defendant also admi ts that he willfully failed to file a tr ue and accurate FBAR fo r each required year 2003 through 2010, and agrees not to object to the assessment of fraud penalties pursuant to 26 U.S.C. § 6663 . The defendant forther agrees to make all books, records and documents available to the lRS fo r use in computing his taxes, interest and penalties for the years 1999 through 20 10. Page JO of 14 Case Case 1:18-cr-00083-TSE Case 1:17-cr-00248-TSE 1:17-cr-00201-ABJ Document Document Document 314-5 10 525-1 Filed Filed 10/26/17 02/15/19 Filed 02/23/19 Page Page 11 12 Page of of 14 15 222 PageID# PageID# of 246 23 6953 17. Penalty Related to filing False and Frau dulent FBARs The defendant agrees that in order to resolve hi s civ il liability for both willfully failing to file FBARs and fo r willfully fi ling false and fraudul ent fBARs for years 1999 through 20 I 0, he will pay a civil penalty in the amount of $ 14,075,862 (fourteen million, seventy-five thousand, eight hundred and sixty-two dollars), equaling 50% of the total assets that the Defendant held in his undeclared accounts in Switzerl and on December 3 1, 2004. no later than ten (10) days after the entry of Judgment in this case. The defendant further agrees to cause the transfer of the funds by electronic funds transfer pursuant to written instructions to be provided by the Financial Litigation Unit of the United States Attorney's Office for the Eastern District of Virginia. The defendant further agrees to cooperate with the United States. and make best efforts to transfer and remit the funds, including taking all steps requested by any financial institution or the United States, including the execution o f all documents, orders, and/or instructions directing persons or entities acting on his behalf or in the name o f nominee holders of accounts on his behalf, providing any informat ion requested to facilitate the transfer, and granting access to infom1ation to facilitate the transfer. The defendant understands and agrees that nothing in paragraphs 15 and 16 o[, or otherwise in, this pica agreement shall prec lude or limit the IRS in its civil determination, assessment, or collect ion of any taxes, interest and/or penalties that he may owe. The defendant agrees to rile with the Financial Crimes Enfo rcement Network of the Department of the Treasury true and correct f7BARs, including amended fBARs as needed, for 1999 through 20 10. 18. Breach of this Pica Agreement and Remedies This plea agreement is effective when signed by the clele nclant, his attorney, and an attorney for the United States. The defendant agrees to entry of this plea agreement at the date Page 11 or 1-t Case Case 1:18-cr-00083-TSE Case 1:17-cr-00248-TSE 1:17-cr-00201-ABJ Document Document Document 314-5 10 525-1 Filed Filed 10/26/17 02/15/19 Filed 02/23/19 Page Page 12 13 Page of of 14 15 223 PageID# PageID# of 246 24 6954 and time scheduled with the Cou11 by the Uni ted States (in consultation with his attorney). If Lhe defendant withdrav.rs from this plea agreement. or commits or attempts to commit any additional federal, state or local crimes, or intentionally gives materially false, incomplete, or mi sleading testimony or information, or otherwise violates any provision of this plea agreement, then: a. The United States will be released from its obligations under this plea agreement, including any obligation to seek a downward departure or a reduction in sentence. The defendant, however, may not withdraw the guilty plea entered pursuant to th is plea agreement. b. The defenda111 will be subject to prosecution for any federal criminal violation, including, but not limited to, pc1jury and obstruction of justice, that is not time-barred by the applicable statute of limitations on the date this plea agreement is signed. Notwithstanding the subsequent expiration of the statute of limitations, in any such prosecution, the defendant agrees to waive any statute-of-limitations defense. c. Any prosecution, including the prosecution that is the subject of this plea agreement, may be premised upon any in formation provided, or statements made. by the defendant, and al l such information, statements, and leads derived therefrom may be used agai nst the defendant. The defendant waives any ri ght to claim that statements made before or after the date of this plea agreement, including the statement of facts accompanying this plea agreement or adopted by the defendant and any other statements made pursuant to this or any other agreement with the United States. should be exc luded or suppressed under Federal Rule of Evidence 4 I0, Federal Rule of Criminal Procedure 11 (1), the Sentencing Guidelines or any other provision of the Constitution or federal law. Page 12 of 14 Case Case 1:18-cr-00083-TSE Case 1:17-cr-00248-TSE 1:17-cr-00201-ABJ Document Document Document 314-5 10 525-1 Filed Filed 10/26/17 02/15/19 Filed 02/23/19 Page Page 13 14 Page of of 14 15 224 PageID# PageID# of 246 25 6955 Any alleged breach of this plea agreement by either party shall be determ ined by the Court in an appropriate proceeding at which the defendant's di sclosures and documentary evidence shall be admissible and at which the moving party shall be required to establish a breach of the pica agreement by a preponderance of the evidence. The proceeding established by this paragraph does not apply, however, to the decision o r the Uni ted States whether lo file a motion based on "substantial assistance" as that phrase is used in Federal Rule of Crim ina l Procedure 35(b) and Section 5Kl . 1 of the Sentencing Guidelines and Policy Statements. The defendant agrees that the decision whether to file such a motion rests in the so le discretion of the United States. 19. Nature of this Plea Agreement and Modifications This wri tten plea agreement constitutes the complete plea agreement between the United States, the defendant, and his counsel. The defendant and hi s at1orney acknowledge that no threats, promises, or representations have been made. nor agreements reached, other than those set forth in writing in this plea agreement, to cause him to plead guilty. Any mod ifications of this plea agreement shall be va lid only as set fort h in wri ting in a supplemental or revised plea agreement signed by all parties. Stuart M. Goldberg Acting Deputy Assistant Attorney Genera l Department of Justice, Tax Di vision Dana J. Boente United States Attorney Eastern District of Virginia By .~~~ J\'1ark D. By: Markf.l ~ Senior Litigation Counsel Robert J. Boudreau Trial Attorney Lytl~ Assistant United States Attorney Date : iz(, h..o, ID ?-, - -----f~- -7i--=-- - - - -- Date: Page 13 of 1-t f.,/ci ( -z ~ ( ";?,-v~7 Case Case 1:18-cr-00083-TSE Case 1:17-cr-00248-TSE 1:17-cr-00201-ABJ Document Document Document 314-5 10 525-1 Filed Filed 10/26/17 02/15/19 Filed 02/23/19 Page Page 14 15 Page of of 14 15 225 PageID# PageID# of 246 26 6956 Defendants Signature: I hereby agree that I have consulted wi th my attorney and full y understand all rights with respect to the pending criminal informa tion. r urther, I fully understand all rights with respect to Titl e 18, United States Code, Section 3553 and the provisions of the Sentencing Guidel ines that may apply in my case. l have read this plea agreement and carefully reviewed every part of it with my attorney. I understand this plea agreement and voluntarily agree to it. V~ -li _\t?rz Date: Ovfo~O' 2 6 2-0 j 1 Hyung Kwon Kim Defendant Defense Counsel Si1:mature: I am counsel for the defendant in this case. I have fully explained the defendant's rights to him with respect to the pending in formation. Funher, I have reviewed Title 18, United States Code. Section 3553 and the Sentenci ng Guidelines, and I have fully explained to the defe ndant the provisions that may apply in this case. I have carefully reviewed every part of this plea agreement with the defendant. To my knowledge, the defendant's decision to enter into this agreement is an informed and vo luntary one. u~-+-t--::::-.:, Date: Mark E. Matthews Charles Myungsik Yoon Counsel for the Defendant Page l 4 of l 4 Case Case 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314-6525-1 Filed 02/15/19 Filed 02/23/19 Page Page 1 of 14 226 PageID# of 246 6957 EXHIBIT F Case Case Case 1:18-cr-00083-TSE 1:17-cr-00248-LMB 1:17-cr-00201-ABJ Document Document Document 314-6 26 525-1 Filed Filed01/19/18 02/15/19 Filed 02/23/19 Page Page1Page 2ofof13 14 227 PageID# PageID# of 246284 6958 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division UNITED STATES OF AMERICA v. HYUNG KWON KIM, Defendant. ) ) ) ) ) ) ) ) Case No. 1:17-CR-00248 Honorable T. S. Ellis III Sentencing: January 25, 2018 4:00 p.m. POSITION OF THE UNITED STATES WITH RESPECT TO SENTENCING The United States hereby submits its position on the sentencing of the defendant Hyung Kwon Kim (“defendant” or “Kim”) in accordance with U.S.S.G. §6A1.2 and the policy of this Court. As explained below, while the government agrees with the Probation Office’s calculation of the sentencing range the advisory Sentencing Guidelines, the government nevertheless believes that the appropriate Guidelines range that should be applied in this case is that agreed upon by the parties, as set forth in the plea agreement. Taking into account the factors set forth in 18 U.S.C. § 3553(a) and the government’s filing under seal, the government makes a final sentencing recommendation of nine (9) months of imprisonment, three (3) years of supervised release, an appropriate fine, and a $100 special assessment. I. Background A. Offense Conduct Hyung Kim is a highly educated and sophisticated executive. Born into affluence, he had the good fortune to inherit staggering sums. The vast sums Kim secreted in a series of secret Swiss accounts are of import here. At one point, in 2004, the windfall stashed in Switzerland 16184362 2 Case Case Case 1:18-cr-00083-TSE 1:17-cr-00248-LMB 1:17-cr-00201-ABJ Document Document Document 314-6 26 525-1 Filed Filed01/19/18 02/15/19 Filed 02/23/19 Page Page2Page 3ofof13 14 228 PageID# PageID# of 246285 6959 swelled to over $28 million. Kim engaged in a series of schemes and ruses to conceal the funds from the IRS, violate reporting requirements, and evade taxes. Kim first opened an account in his own name at Credit Suisse AG in Switzerland in October 1998. He funded that account, as well as other additional accounts that he opened at Credit Suisse, its wholly owned subsidiaries (including Bank Leu, Bank Hofmann, and Clariden Leu), and UBS AG, with funds inherited from a foreign relative. In November 2000, Kim took the first of many steps to mask his ownership and control of the offshore funds. At the advice and with the assistance of his co-conspirator Edgar Paltzer, an attorney practicing in Switzerland, Kim opened an account at Bank Leu in the name of a sham entity called Daroka Overseas. In February 2002, he opened a second account, at Bank Hofmann, in the name of the same entity. By placing his assets in accounts held in the name of a nominee, Kim made it appear that the offshore funds belonged to a corporate entity, not him. Kim controlled the assets in the account by meeting with the bankers and his attorney in in Switzerland and the United States as well as communicating with them via email, fax, and phone. Further, he hosted one of his Swiss bankers at his homes in the U.S. where the banker vacationed with his family and used Kim’s residence as a base to travel to meet with his other clients. Wires from afar flowed into these accounts. By the close of 2004, the balance of his accounts exceeded $28 million. Kim did not expend these funds on necessities. Instead, Kim used assets in the accounts to fund a lavish lifestyle. The Statement of Facts and PSR discuss Kim’s expenditures in detail. However, a summary of the spending is helpful to understand the magnitude of the wealth that Kim concealed: 2 16184362 2 Case Case Case 1:18-cr-00083-TSE 1:17-cr-00248-LMB 1:17-cr-00201-ABJ Document Document Document 314-6 26 525-1 Filed Filed01/19/18 02/15/19 Filed 02/23/19 Page Page3Page 4ofof13 14 229 PageID# PageID# of 246286 6960  Between 2003 and 2007, Kim spent over $3 million from his Swiss accounts to purchase his residence in Greenwich, Connecticut. Kim and Paltzer took efforts to conceal that Kim controlled the funds in the Swiss accounts. When Kim communicated with Paltzer, he used coded language. In turn, Paltzer directed Credit Suisse to issue a check for $1.76 million from Credit Suisse First Boston, its U.S. bank, so that it appeared that Kim tapped a domestic source of funds.  In 2005, Kim spent almost $5 million from his Swiss accounts to purchase a summer home on Cape Cod. While the price was significant, what is most relevant are the machinations undertaken by Kim and Paltzer to conceal Kim’s ownership of the Swiss accounts and the summer home itself. Paltzer formed a new sham entity, Edraith Invest & Finance, to hold title to the home as well as a Swiss account. Paltzer and Kim pretended that Kim merely leased the home in an arms-length transaction from a third party. They drafted and executed fake leases. They exchanged emails in which they discussed the wishes of the “owners.”  Between 2003 and 2008, Kim used over $5 million from his Swiss accounts to purchase jewels and jewelry, including the following items: a 11.6 carat diamond ring; a 10.5 carat yellow diamond ring and jewelry setting; a 8.6 carat ruby ring; a 8.4 carat emerald ring; a 7.15 carat diamond ring; and pearls.  Between 2000 and 2008, Kim withdrew over $500,000 when traveling in Switzerland to fund his personal expenses. Kim had the opportunity to bring his remaining assets to the United States in 2008, in the midst of the Department of Justice’s investigation of UBS AG for aiding and assisting U.S. taxpayers to evade their taxes. At that time, Credit Suisse had advised Paltzer and Kim that it 3 16184362 2 Case Case Case 1:18-cr-00083-TSE 1:17-cr-00248-LMB 1:17-cr-00201-ABJ Document Document Document 314-6 26 525-1 Filed Filed01/19/18 02/15/19 Filed 02/23/19 Page Page4Page 5ofof13 14 230 PageID# PageID# of 246287 6961 intended to close the Daroka Overseas and Edraith accounts as part of its initiative to minimize the bank’s exposure by closing accounts held by U.S. residents in the names of nominee entities. Fully aware that Kim’s undeclared assets could not stay at Credit Suisse, Paltzer and Kim reviewed Kim’s options: to report his previously undeclared assets and income to the IRS; to end his crimes by spending the assets; or to continue the concealment by transferring his assets to another bank. Kim chose to keep the money offshore, albeit at Bank Frey, a smaller Swiss bank that considered itself immune from U.S. law enforcement as it deliberately maintained no physical presence in the United States.1 With the assistance of Paltzer, Kim opened accounts at Bank Frey in the names of Daroka Overseas and Edraith in December 2008. He deposited into those accounts the remaining assets from his accounts at Credit Suisse’s subsidiaries. Paltzer advised Kim to take further precautions to prevent detection, by limiting emails and phone communications from the U.S. and meeting in third countries, such as France or Italy. Kim maintained the accounts at Bank Frey until 2011. At that time, he elected not to report the funds, but to bring the assets to the United States in a covert manner by paying a In September 2008, as corroborated by the Internet Wayback Machine, Bank Frey’s web site contained the following statements: 1 “An important reason for founding Bank Frey was to provide our clients with the services of a Bank that is - and always will remain - truly Swiss,” Dr. Markus A. Frey says. As a result, Bank Frey follows a strict policy to never open any branch or other representation outside the reach of the Swiss laws and jurisdiction. We strongly believe that only by remaining a true Swiss banking institution, we can guarantee to act in accordance with the Swiss standards of political stability, acting in good faith and an unbroken sense for independent neutrality. Dr. Markus A. Frey continues, “Bank Frey is and will remain truly Swiss. Only that way can we be certain to maintain our values - and assure that no foreign authority will ever 'bully' us into giving them up”. See “A True Swiss Bank”, available at https://web.archive.org/web/20080915012232/http://www.bankfrey.com:80/index.php?option=com content&task=view&id=27&Itemid=55. Bank Frey announced that it would cease operations in October 2013. 4 16184362 2 Case Case Case 1:18-cr-00083-TSE 1:17-cr-00248-LMB 1:17-cr-00201-ABJ Document Document Document 314-6 26 525-1 Filed Filed01/19/18 02/15/19 Filed 02/23/19 Page Page5Page 6ofof13 14 231 PageID# PageID# of 246288 6962 jeweler in Switzerland for jewels and jewelry purchased in the United States. Kim arranged the sales by mailing packages of gifts to the children of his former banker. Kim hid handwritten transfer instructions within those packages. Between March and August 2011, Kim spent a total of $3.6 million in two separate transactions to purchase a ring with a sapphire weighing 13.9 carats and three loose diamonds weighing 5.02, 4.03 and 4.17 carats. Kim concealed his offshore assets from his accountants. Indeed, although the defendant filed FBARs in 2005, 2006, 2007, and 2008 (for calendar years 2004 through 2007) on which he reported accounts that he owned in South Korea, he never once reported his Swiss accounts. Further, Kim also filed false income tax returns on which he underreported his income and failed to report his ownership of the Swiss accounts. Kim did not earn substantial amounts of taxable income from the assets in the Swiss accounts. From 2001 through 2010, the combined federal and state income tax loss amounted to $243,542. Indeed, the millions of dollars in capital losses that Kim incurred as a product of his ill-advised investing swamped his investment gains. II. Sentencing Argument Although the Supreme Court rendered the federal Sentencing Guidelines advisory in United States v. Booker, 543 U.S. 220 (2005), “a sentencing court is still required to ‘consult [the] Guidelines and take them into account when sentencing.’” United States v. Clark, 434 F.3d 684, 685 (4th Cir. 2006) (quoting Booker, 543 U.S. at 264). The Supreme Court has directed district courts to “begin all sentencing proceedings by correctly calculating the applicable Guidelines range.” Gall v. United States, 552 U.S. 38, 49 (2007). The sentencing court, however, “may not presume that the Guidelines range is reasonable.” Nelson v. United States, 555 U.S. 350, 352 (2009). The “Guidelines should be the starting point and the initial 5 16184362 2 Case Case Case 1:18-cr-00083-TSE 1:17-cr-00248-LMB 1:17-cr-00201-ABJ Document Document Document 314-6 26 525-1 Filed Filed01/19/18 02/15/19 Filed 02/23/19 Page Page6Page 7ofof13 14 232 PageID# PageID# of 246289 6963 benchmark,” but the sentencing court must also “consider all of the § 3553(a) factors” in determining the appropriate sentence. Id.; see also Clark, 434 F.3d at 685. Ultimately, the sentence imposed must meet a standard of reasonableness. See Booker, 543 U.S. at 260-61. A. Guidelines Range 1. The Applicable Guidelines Provisions The defendant pled guilty to the willful failure to file an FBAR, in violation of 31 U.S.C. Sections 5314 and 5322. The offense of conviction in this case falls under U.S.S.G. § 2S1.3. The Probation Office calculated the Guidelines range under U.S.S.G. § 2S1.3(a)(2) (the “Part-S Guidelines”). See Presentence Investigation Report, ¶ ¶ 76-85. That provision includes a crossreference to the theft and fraud Guidelines, and sets the base offense level as follows: 6 plus the number of offense levels from the table in § 2B1.1 (Theft, Property Destruction, and Fraud) corresponding to the value of the funds, if subsection (a)(1) does not apply. Probation calculated the base offense level as 28. Probation added 22 levels as it placed the “value of funds” at $28,151,724, the year-end value of the assets in the unreported accounts in 2004 (the highest year-end balance). See PSR, ¶¶ 65(j), 76; U.S.S.G. § 2B1.1(b)(1)(L) (more than $25 million). The government contends, as does Probation, that two levels should be added as the defendant “committed the offense as part of a pattern of unlawful activity involving more than $100,000 in a 12-month period.” See U.S.S.G. § 2S1.3(b)(2). The Application Note to § 2S1.3 defines a pattern of illegal activity as “at least two separate occasions of unlawful activity involving a total amount of more than $100,000 in a 12-month period, without regard to whether any such occasion occurred during the course of the offense or resulted in a conviction for the conduct that occurred on that occasion.” Kim filed false FBARs on October 14, 2007 (for 2006) and again on March 27, 2008 (for 2008). On each FBAR, Kim failed to report that he owned and 6 16184362 2 Case Case Case 1:18-cr-00083-TSE 1:17-cr-00248-LMB 1:17-cr-00201-ABJ Document Document Document 314-6 26 525-1 Filed Filed01/19/18 02/15/19 Filed 02/23/19 Page Page7Page 8ofof13 14 233 PageID# PageID# of 246290 6964 controlled any of the financial accounts in Switzerland. Kim also filed a false 2007 Individual Income Tax Return, Form 1040, on March 3, 2008, which omitted any income that Kim earned from the assets in his undeclared accounts in Switzerland. Kim’s attorneys calculated that Kim omitted $104,699 in ordinary income on the 2007 return. The filing of two false FBARs and a false return within a 12-month period qualifies as a “pattern of unlawful activity” sufficient to trigger the two-level enhancement. While 2S1.3 may be the proper Guideline, the government respectfully requests that the Court sentence the defendant under U.S.S.G. § 2T, the Tax Guidelines. As stated in the Plea Agreement, “at the time that the defendant agreed to plead guilty, the Government consistently took the position with similarly situated defendants that the applicable Guideline was U.S.S.G. § 2T1.1 and § 2T1.4 due to the cross reference in § 2S1.3(c)(1).”2 Plea Agreement, Dkt. # 10, pp. 3-4. In 2012, Kim and the government commenced plea negotiations with the defendant’s counsel. At that time, the government had entered into plea agreements with a number of several other legal permanent residents that required those individuals to plead guilty to FBAR charges, and not tax charges. In each of those cases, the plea agreements specifically set forth a Guidelines calculation using the Tax Guidelines and not § 2S1.3. After Kim and the government had reached an agreement in principle, the government continued to employ the Tax Guidelines in virtually every other FBAR case. In order to ensure that this defendant receives equitable treatment, the government believes that the appropriate Guidelines which should be applied in this case are the alternative calculation under § 2S1.3(c)(1). U.S.S.G. § 2S1.3 states as follows: “If the offense was committed for the purposes of violating the Internal Revenue laws, apply the most appropriate guideline from Chapter Two, Part T (Offenses Involving Taxation) if the resulting offense level is greater than that determined above.” 2 7 16184362 2 Case Case Case 1:18-cr-00083-TSE 1:17-cr-00248-LMB 1:17-cr-00201-ABJ Document Document Document 314-6 26 525-1 Filed Filed01/19/18 02/15/19 Filed 02/23/19 Page Page8Page 9ofof13 14 234 PageID# PageID# of 246291 6965 The base offense level for this offense is 16 pursuant to U.S.S.G. § 2Tl.l(a)(1) and § 2T4.1(F), because the tax loss exceeded $100,000. The base offense level is increased by 2 levels, pursuant to U.S.S.G. § 2T1.1(b)(2), because the offense involved sophisticated means. The defendant should receive a 3-level reduction for acceptance of responsibility resulting in a total offense level of 15. The advisory range is 18 to 24 months of imprisonment and the fine range is $4,000 to $40,000. B. Section 3553(a) Factors 1. Nature and Circumstances of the Offense, History and Characteristics of the Defendant, and the Need for Just Punishment Tax evasion is a serious crime, and the use of offshore accounts by U.S. taxpayers to evade their income tax obligations directly affects the ability of the Treasury to raise funds for government expenditures. In April 2016, the IRS estimated that for the years 2008-2010, the U.S. tax gap, which represented the total amount of U.S. taxes owed but not paid on time, was $458 billion, despite an overall tax compliance rate among American taxpayers of 81.7%. See “Tax Gap Estimates for Tax Years 2008–2010,” report by the IRS, available at: https://www.irs.gov/PUP/newsroom/tax%20gap%20estimates%20for%202008%20through%202 010.pdf. The IRS found that these updated “estimates suggest that compliance is substantially unchanged since last estimated for [tax year] 2006.” Id. at 2. What sets Hyung Kim apart from many other seemingly similarly situated defendants, is the level and duration of the deception he employed to hide his assets from the IRS. For over a dozen years, the defendant employed a series of ever more aggressive schemes to conceal the windfall that he inherited. Kim utilized nine different accounts at five Swiss banks to hide his assets. For four of those accounts, the defendant used nominee entities, formed in Caribbean taxhaven countries, to add a further layer of protection. The defendant and his co-conspirator, 8 16184362 2 Case Case 1:18-cr-00083-TSE Case 1:17-cr-00248-LMB 1:17-cr-00201-ABJ Document Document Document 314-6 26 525-1 Filed Filed 01/19/18 02/15/19 Filed 02/23/19 Page Page 910 Page ofof1314 235 PageID# PageID# of 246292 6966 Paltzer, used one of those entities, Edraith Invest & Finance, to deceive a realtor and other third parties involved in the purchase of his home on Cape Cod. They went so far as to concoct a ruse whereby Kim and Paltzer exchanged emails wherein they pretended that Kim was renting the home from another family. Kim had numerous opportunities to report his accounts and come into compliance. Each time, he chose to continue his criminal conduct. From 2004 through 2008, Kim filed FBARs on which he reported his ownership of certain accounts in South Korea. In each of those years, he had the opportunity to come clean about his Swiss accounts. He could have informed his U.S. return preparers about the Swiss accounts and sought their advice for properly reporting the ownership of the accounts and the income that he received, and pay the tax due and owing. Kim stayed silent. In the same year that he filed his last, false FBAR, Paltzer, Kim’s Swiss attorney, presented to him the option to close the accounts and bring the money to the United States. Instead, Kim chose to burrow deeper into the darkness of offshore evasion. He moved his assets to a bank that touted itself as refusing to be “bullied” by a “foreign authority,” such as U.S. law enforcement. Kim kept the funds in Switzerland for almost three more years. He continued to conceal his accounts from his return preparer and never filed FBARs during those years. In 2011, Kim again had the option to come clean and report his offshore assets. Instead, he elected to spend down the assets. Through a series of messages hidden in packages mailed from the U.S. to his former banker in Switzerland, Kim arranged to close his account by using the remaining fund to buy yet more high-end jewelry. 9 16184362 2 Case Case 1:18-cr-00083-TSE Case 1:17-cr-00248-LMB 1:17-cr-00201-ABJ Document Document Document 314-6 26 525-1 Filed Filed01/19/18 02/15/19 Filed 02/23/19 Page Page10 11 Page ofof13 14 236 PageID# PageID# of 246 293 6967 Given the duration of the offense, the amounts involved, the defendant’s knowledge of his duty to report his foreign financial accounts, and the myriad of schemes and lies that the defendant perpetrated, a sentence of incarceration is required in order to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense. 2. The Need for Deterrence Over the past decade, the government endeavored to crack down on the use of foreign financial accounts by U.S. citizens seeking to evade the payment of their taxes. The foreign banks and institutions are more likely to aid and assist the ultra-high net worth individuals, like the defendant, to evade their taxes. Such foreign institutional assistance makes these crimes more difficult to detect, investigate and prosecute. Further, prosecutions involving offshore accounts such as this one require the government to commit significant investigative and prosecutorial resources, and the IRS typically detects the criminal conduct well after the offenses have been committed. A sentence of incarceration and a strong message of general deterrence in this case is necessary to ensure that U.S. taxpayers do not use foreign financial accounts to evade their taxes. The government concedes that the defendant will pay a great financial price for his crimes. He has already remitted over $14 million to the government as a civil penalty for his willful failure to report his foreign banks accounts. Nevertheless, the defendant should receive no mercy for paying over what amounts to slightly more than 7% of his current net worth. He had numerous opportunities to report his accounts, had access to seasoned professionals who knew how to do such reporting, and chose not do so. He has no one to blame but himself. Further, Kim would have owed the same civil penalty had he been audited, not prosecuted. 10 16184362 2 Case Case 1:18-cr-00083-TSE Case 1:17-cr-00248-LMB 1:17-cr-00201-ABJ Document Document Document 314-6 26 525-1 Filed Filed01/19/18 02/15/19 Filed 02/23/19 Page Page11 12 Page ofof13 14 237 PageID# PageID# of 246 294 6968 C. Fine The Guidelines instruct that “[t]he court shall impose a fine in all cases, except where the defendant establishes that he is unable to pay and is not likely to become able to pay any fine. U.S.S.G. § 5E1.2(a). The Presentence Report states that Kim’s assets exceed $200 million and he receives monthly cash flow of more than $450,000. As such, the government recommends that the Court impose a substantial fine. III. Restitution Pursuant to 18 U.S.C. § 3663A, restitution is mandatory in this case, and the parties have agreed that the defendant should pay full restitution to the IRS. The government expects that by the time of sentencing the defendant will have filed amended federal and state income tax returns and directly paid over the tax due and owing as well as interest. Nonetheless, the government respectfully requests that the Court order restitution to the IRS for the following years in the following amounts: 2003 – $93,223; and 2009 – $63,828. 11 16184362 2 Case Case 1:18-cr-00083-TSE Case 1:17-cr-00248-LMB 1:17-cr-00201-ABJ Document Document Document 314-6 26 525-1 Filed Filed01/19/18 02/15/19 Filed 02/23/19 Page Page12 13 Page ofof13 14 238 PageID# PageID# of 246 295 6969 IV. Conclusion Based on the foregoing, and for the reasons stated in the United States’ sealed filing, the United States submits that a final sentence should be imposed of nine (9) months of imprisonment, three (3) years of supervised release, an appropriate fine, and a $100.00 special assessment. Respectfully submitted, Dana J. Boente United States Attorney By: /s/ Mark D. Lytle Assistant United States Attorney Eastern District of Virginia Counsel for the United States of America United States Attorney’s Office 2100 Jamieson Avenue Alexandria, Virginia 22314 Tel.: (703) 299-3700 Fax: (703) 299-3981 Email: Mark.Lytle@usdoj.gov By: /s/ Mark F. Daly Special Assistant United States Attorney United States Attorney’s Office 2100 Jamieson Avenue Alexandria, Virginia 22314 Tel.: (202) 616-2245 (phone) Fax: (202) 616-1786 (fax) E-mail: Mark.F.Daly@usdoj.gov Robert J. Boudreau Special Assistant United States Attorney United States Attorney’s Office 2100 Jamieson Avenue Alexandria, Virginia 22314 Tel.: (202) 616-3336 (phone) Fax: (202) 514-0962 (fax) E-mail: Robert.J.Boudreau@usdoj.gov 12 16184362 2 Case Case 1:18-cr-00083-TSE Case 1:17-cr-00248-LMB 1:17-cr-00201-ABJ Document Document Document 314-6 26 525-1 Filed Filed01/19/18 02/15/19 Filed 02/23/19 Page Page13 14 Page ofof13 14 239 PageID# PageID# of 246 296 6970 CERTIFICATE OF SERVICE I hereby certify that on the 19th day of January, 2018, I electronically filed the foregoing Position of the United States With Respect to Sentencing with the Clerk of Court using the CM/ECF system which will send notification of such filing to all attorneys of record. A copy has also been sent via email to: Karen Riffle Supervising United States Probation Officer Karen_Riffle@vaep.uscourts.gov /s/ Mark F. Daly Special Assistant United States Attorney 13 16184362 2 CaseCase 1:18-cr-00083-TSE 1:17-cr-00201-ABJ Document Document 314-7525-1 FiledFiled 02/15/19 02/23/19 PagePage 1 of 5240 PageID# of 246 6971 EXHIBIT G CaseCase 1:18-cr-00083-TSE Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-7525-1 Filed 509 Filed 02/15/19 Filed02/23/19 02/13/19 PagePage 2Page of 5241 PageID# 1 ofof4246 6972 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) ) ) v. ) ) PAUL J. MANAFORT, JR., ) ) Defendant. ) ____________________________________) UNITED STATES OF AMERICA, Crim. Action No. 17-0201-01 (ABJ) ORDER Defendant Paul J. Manafort, Jr. entered a plea of guilty in this case on September 14, 2018. The plea agreement [Dkt. # 422] provides: Your client shall cooperate fully, truthfully, completely, and forthrightly with the Government . . . . Plea Agreement ¶ 8. Defendant agreed in paragraph 8(a) of the agreement to be debriefed; in paragraph 8(c) to testify at any proceedings, and in paragraph 8(f) that he “must at all times give complete, truthful, and accurate information and testimony, and must not commit, or attempt to commit, any further crimes.” Paragraph 8 goes on to provide that defendant “shall testify fully, completely and truthfully before any and all Grand Juries” in the District of Columbia or elsewhere. Paragraph 13 – “Breach of Agreement” provides: Your client understands and agrees that, if after entering this Agreement, [he] fails specifically to perform or to fulfill completely each and every one of [his] obligations under this Agreement, or engages in any criminal activity prior to sentencing or during his cooperation . . . , [he] will have breached this Agreement. Should it be judged by the Government in its sole discretion that the defendant has failed to cooperate fully, has intentionally given false, misleading or incomplete information or testimony, has committed or attempted to commit any further crimes, or has otherwise violated any provision of this agreement, the defendant will not be released from his pleas of guilty but the Government will be released from its obligations under the agreement, including (a) not to oppose 1 CaseCase 1:18-cr-00083-TSE Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-7525-1 Filed 509 Filed 02/15/19 Filed02/23/19 02/13/19 PagePage 3Page of 5242 PageID# 2 ofof4246 6973 the downward adjustment [to the U.S. Sentencing Guidelines calculation] for acceptance of responsibility . . . . Your client understands that the Government shall be required to prove a breach of this Agreement only by good faith. The defendant accepted the plea agreement; the signed acceptance on last page states, “I fully understand this Agreement and agree to it without reservation. I do this voluntarily and of my own free will, intending to be legally bound.” After the plea was entered, sentencing was deferred while the defendant’s cooperation was ongoing. On November 26, 2018, the parties informed the Court in a joint status report [Dkt. # 455] that it was the government’s position that the defendant had breached the plea agreement by making false statements to the FBI and Office of Special Counsel (“OSC”) and that it was time to set a sentencing date. The defendant disputed the government’s characterization of the information he had provided and denied that he had breached the agreement, but he agreed that in light of the dispute, it was time to proceed to sentencing. Thereafter, the government was ordered to provide the Court with information concerning the alleged breach, a schedule was established for the defense to respond, and the following submissions were made a part of the record in the case: December 7, 2018 Government’s Submission in Support of its Breach Determination [Dkt. # 461] (Sealed); [Dkt. # 460] (Public) January 8, 2019 Defendant’s Response to the Government’s Submission in Support of its Breach Determination [Dkt. # 470] (Sealed); [Dkt. # 472] (Public) January 15, 2019 FBI Declaration in Support of the Government’s Breach Determination with accompanying exhibits [Dkt # 477] (Sealed); [Dkt. # 476] (Public) January 23, 2019 Defendant’s Reply to the Declaration [Dkt. # 481] (Sealed); [Dkt. # 482] (Public) The Court held a sealed hearing on February 4, 2019, and the parties each filed post-hearing submissions. See Def.’s Post-Hearing Mem. [Dkt. # 502] (Sealed), [Dkt. # 505] (Public); Government’s Suppl. [Dkt. # 507] (Sealed). It is a matter of public record that the Office of Special Counsel has alleged that the defendant made intentionally false statements to the FBI, the OSC, and/or the grand jury in connection with five matters: a payment made by Firm A to a law firm to pay a debt owed to the law firm by defendant Manafort; co-defendant Konstantin Kilimnik’s role in the obstruction of justice conspiracy; the defendant’s interactions and communications with Kilimnik; another Department of Justice investigation; and the defendant’s contacts with the current administration after the election. The parties are agreed that it is the government’s burden to show that there has been a breach of the plea agreement, but to be relieved of its obligations under the agreement, it must simply demonstrate that its determination was made in good faith. Plea Agreement ¶ 13. 2 CaseCase 1:18-cr-00083-TSE Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-7525-1 Filed 509 Filed 02/15/19 Filed02/23/19 02/13/19 PagePage 4Page of 5243 PageID# 3 ofof4246 6974 In its January 8, 2019 response to the breach allegations, the defense stated that “given the highly deferential standard that applies to the Government’s determination,” Def.’s Resp. [Dkt. # 472] at 2, it was not challenging the assertion that the determination was made in good faith. And, in response to a question posed by the Court at a status hearing held on January 25, 2019, the defendant conceded that that the determination was made in good faith. Tr. of Hearing (Jan. 25, 2019) [Dkt. # 500] at 13. In light of the defendant’s concession, and based upon the Court’s independent review of entire record, including: all of the pleadings listed above and the supporting exhibits; the facts and arguments placed on the record at the hearing held on February 4, 2019; and the post-hearing submissions, the Court ruled at the hearing held on February 13, 2019 that the Office of Special Counsel made its determination that the defendant made false statements and thereby breached the plea agreement in good faith. Therefore, the Office of Special Counsel is no longer bound by its obligations under the plea agreement, including its promise to support a reduction of the offense level in the calculation of the U.S. Sentencing Guidelines for acceptance of responsibility. But that is not the only question before the Court to decide. The question remains whether the defendant made intentionally false statements in connection with the five matters that have been identified by the Office of Special Counsel. The answer bears upon the applicability of certain provisions of the Sentencing Guidelines, in particular, the adjustment for acceptance of responsibility, and it bears more generally on the Court’s assessment of the factors set forth in the sentencing statute, 18 U.S.C. § 3553(a). The parties are agreed that the government is bound to prove facts that bear on the application of the Guidelines by a preponderance of the evidence. Based upon its consideration of the entire record and the arguments of counsel at the hearing of February 4, 2019, for the reasons stated on the record at the continuation of the sealed hearing on February 13, 2019, the Court made the following additional findings: I. OSC has established by a preponderance of the evidence that defendant intentionally made false statements to the FBI, the OSC, and the grand jury concerning the payment by Firm A to the law firm, a matter that was material to the investigation. See United States v. Moore, 612 F.3d 698, 701 (D.C. Cir. 2010). II. OSC has failed to establish by a preponderance of the evidence that on October 16, 2018, defendant intentionally made false statements concerning Kilimnik’s role in the obstruction of justice conspiracy. III. OSC has established by a preponderance of the evidence that the defendant intentionally made multiple false statements to the FBI, the OSC, and the grand jury concerning matters that were material to the investigation: his interactions and communications with Kilimnik. IV. OSC has established by a preponderance of the evidence that on October 5, 2018, the defendant intentionally made false statements that were material to another DOJ investigation. 3 CaseCase 1:18-cr-00083-TSE Case 1:17-cr-00201-ABJ 1:17-cr-00201-ABJ Document Document Document 314-7525-1 Filed 509 Filed 02/15/19 Filed02/23/19 02/13/19 PagePage 5Page of 5244 PageID# 4 ofof4246 6975 V. OSC has failed to establish by a preponderance of the evidence that on October 16, 2018, defendant intentionally made a false statement concerning his contacts with the administration. This order does not address the question of whether the defendant will receive credit for his acceptance of responsibility in connection with the calculation of the Sentencing Guidelines or how any other Guideline provision will apply to this case. Those issues, which depend on the consideration of a number of additional factors, will be determined at sentencing, after the Presentence Investigation Report has been completed, the parties have filed their memoranda in aid of sentencing, and the Court has heard argument. The Court reporter is hereby ORDERED to provide a copy of the sealed transcript of today’s hearing to the parties by 12:00 noon on February 14, 2019, and the parties must inform the Court of any redactions that must to be made before the transcript can be released no later than 11:00 a.m. on February 15, 2019. SO ORDERED. AMY BERMAN JACKSON United States District Judge DATE: February 13, 2019 4 Case Document 525-1 Filed 02/23/19 Page 245 of 246 ATTACHMENT Case Document 525-1 Filed 02/23/19 Page 246 of 246 REDACTED Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 1 of 577 Attachment G - Index of Exhibits Proposed Trial Exhibits Exhibit No. 434 436 437 438 441 442 443 444 448 449 504 505 569 695 833 852 910 926 941 945 949 1028 1237 1307 1308 1349 1351 1357 1486 1608 1763 1937 2012 2013 2069 Description Chart, Foreign Transfers to United States Accounts of Entities Performing Work in the United States Chart, FARA Related Payments By Consultant Chart, Payments from Foreign Entities to Entities Performing Work in the United States Chart, False and Misleading Foreign Agents Registration Act Statements in Counts 4 and 5 Chart, Government Relations Activity & Government Relations Activity: Paul Manafort Chart, Public Relations Activity Chart, Outreach to Chart, Skadden Report Chart, Legislation Chart, Legislation: Durbin Resolution Memo, June 27, 2012, “CREATION OF A SUPER VIP GROUP…” Memo, July 3, 2012, P. Manafort to , et. al., “Program to Conduct Briefings of Embassies, Media and NGOs” Memo, Apr. 8, 2012, PJM to VFY, “AC Project Update” Memo, Mar. 23, 2013, P. Manafort to , “US Consultants Activity – Weekly Update” Email, Sept. 28, 2012, to , Re Fw: eyes only Email, May 17, 2013, to , Re DC notes Excerpt of DOJ Section 5 Inspection File, Registration No. 3600 Black, Manafort, Stone and Kelly Public Affairs Company FARA Registration Statement, DMP International, LLC (Registration No. 6440), June 27, 2017 FARA Registration Statement, P. Manafort (Registration No. 3594), June 1, 1984 FARA Supplemental Statement, P. Manafort (Registration No. 3594), July 3, 1985 FARA Registration Amendment, P. Manafort (Registration No. 3594), June 26, 1986 Exhibits A and B to FARA Registration Statement; , Email, Nov. 14, 2012, R. Gates to , Re Contract Memo, Aug. 1, 2012, P. Manafort to , “SA Report – Media Plan” Email, Sept. 19, 2012, to R. Gates, P. Manafort, , Re an urgent request ON IT Letter, May 4, 2012, , “ECFMU” Email, May 18, 2012, to , Re Ukraine – What we’ve been up to Email, June 22, 2012, to , Re FW: RAPSI.com: U.S. attorneys in ECHR under Tymoshenko case cost Ukraine $12,5k Calendar Record, Mar. 19, 2013, “Dinner/Manafort, / reservation under ,” Capitol Hill Club Email, May 4, 2012, to , Re Send to Rick? Email, Nov. 29, 2012, to , Re Assessment Email, Nov. 19, 2013, to , Re Durbin Resolution Memo, Apr. 5, 2012, to , “Projects and Plans” Email, Apr. 11, 2012, to A. van der Zwaan, Re FW Tomorrow – Friday 4/6 Email, Aug. 9, 2012, to , Re Kyiv Post Editorial: Skadden Stink 1 of 2 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 2 of 577 Exhibit No. 2078 2079 2106 Description Email, Aug. 30, 2012, A. van der Zwaan to , et. al., Re Project 2 Email, Aug. 30, 2012, to , Re Project 2 Email, Nov. 28, 2012, to P. Manafort, Re ’s Memo Miscellaneous Exhibits Date May 27, 1987 Feb. 1, 2018 Aug. 10, 2018 Description Excerpt of DOJ Section 5 Inspection file, Registration No. 3594 Paul J. Manafort R. Gates 302 302 2 of 2 Case Document 525-2 Filed 02/23/19 Page 3 of 577 EXHIBIT 434 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 4 of 577 Foreign Transfers to United States Accounts of Entities Performing Work in the United States Payee Date Total Total Payer Originating Bank Account Country of Origin Country of Destination Bletilla Ventures Limited Bank of Cyprus Account -0480 Cyprus US $ 10/10/2012 Bletilla Ventures Limited Bank of Cyprus Account -0480 Cyprus US $ 90,000.00 11/16/2012 Bletilla Ventures Limited Bank of Cyprus Account -0480 Cyprus US $ 120,000.00 11/20/2012 Bletilla Ventures Limited Bank of Cyprus Account -0480 Cyprus US $ 182,968.07 12/21/2012 Bletilla Ventures Limited Bank of Cyprus Account -0480 Cyprus US $ 25,000.00 3/15/2013 Bletilla Ventures Limited Hellenic Bank Account -2501 Cyprus US $ 90,000.00 9/18/2013 Global Endeavour Inc. Loyal Bank Limited Account -1840 SVG* US $ 135,937.37 10/31/2013 Jeunet Ltd. Loyal Bank Limited Account -4978 SVG* US $ 167,689.40 3/28/2014 Jeunet Ltd. Loyal Bank Limited Account -4978 SVG* US $ 135,639.65 4/3/2014 Jeunet Ltd. Loyal Bank Limited Account -4978 SVG* US $ 82,979.93 $ 1,300,214.42 Transfers 270,000.00 5/30/2012 Bletilla Ventures Limited Bank of Cyprus Account -0480 Cyprus US $ 130,000.00 8/2/2012 Bletilla Ventures Limited Bank of Cyprus Account -0480 Cyprus US $ 195,000.00 10/10/2012 Bletilla Ventures Limited Bank of Cyprus Account -0480 Cyprus US $ 130,000.00 11/16/2012 Bletilla Ventures Limited Bank of Cyprus Account -0480 Cyprus US $ 50,000.00 12/21/2012 Bletilla Ventures Limited Bank of Cyprus Account -0480 Cyprus US $ 54,649.51 3/15/2013 Bletilla Ventures Limited Hellenic Bank Account -2501 Cyprus US $ 150,000.00 9/3/2013 Jeunet Ltd. Loyal Bank Limited Account -4978 SVG* US $ 175,857.51 10/31/2013 Jeunet Ltd. Loyal Bank Limited Account -4978 SVG* US $ 195,857.51 3/12/2014 Jeunet Ltd. Loyal Bank Limited Account -4978 SVG* US $ 26,891.78 3/21/2014 Jeunet Ltd. Loyal Bank Limited Account -4978 SVG* US $ 138,026.00 4/15/2014 Jeunet Ltd. Loyal Bank Limited Account -4978 SVG* US $ 4,728.81 4/25/2014 Jeunet Ltd. Loyal Bank Limited Account -4978 SVG* US $ 4,739.23 $ 1,255,750.35 Transfers Total Amount 8/2/2012 4/19/2012 Black Sea View Limited Bank of Cyprus Account -7412 Cyprus US $ 2,000,000.00 5/30/2012 Black Sea View Limited Bank of Cyprus Account -7412 Cyprus US $ 1,000,000.00 7/13/2012 Black Sea View Limited Bank of Cyprus Account -7412 Cyprus US $ 1,000,000.00 $ 4,000,000.00 $ 6,555,964.77 Transfers Total Transfers GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 434 *SVG - Saint Vincent and the Grenadines Refer to exhibits 93, 94, 106, 1561, 1968, and 2126 for supporting documentation Case Document 525-2 Filed 02/23/19 Page 5 of 577 EXHIBIT 436 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 6 of 577 Summary of Payments to Skadden, Arps, Slate, Meagher & Flom LLP Date Payer Country of Origin Amount 4/19/2012 Black Sea View Limited Cyprus $ 2,000,000.00 5/30/2012 Black Sea View Limited Cyprus $ 1,000,000.00 7/13/2012 Black Sea View Limited Cyprus $ 1,000,000.00 Total Payments to Skadden, Arps, Slate, Meagher & Flom LLP: $ 4,000,000.00 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 436 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 7 of 577 Summary of Payments to Date Payer Country of Origin Amount 5/30/2012 Black Sea View Limited Cyprus $ 141,120.00 6/22/2012 Black Sea View Limited Cyprus $ 140,895.00 7/13/2012 Black Sea View Limited Cyprus $ 139,275.00 8/16/2012 Black Sea View Limited Cyprus $ 141,210.00 9/17/2012 Black Sea View Limited Cyprus $ 10/17/2012 Black Sea View Limited Cyprus $ 145,919.00 ** 177,007.00 ** 11/20/2012 Black Sea View Limited Cyprus $ 143,137.00 ** Total Payments to : $ 1,028,563.00 **For purposes of this analysis, Euro transactions were converted to US Dollars on the date of the transaction per the foreign bank records using historical daily exchange rates per https://www.oanda.com/currency/converter. Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 8 of 577 Summary of Payments to Date Payer Country of Origin Amount 8/2/2012 Bletilla Ventures Limited Cyprus $ 270,000.00 10/10/2012 Bletilla Ventures Limited Cyprus $ 90,000.00 11/16/2012 Bletilla Ventures Limited Cyprus $ 120,000.00 11/20/2012 Bletilla Ventures Limited Cyprus $ 182,968.07 12/21/2012 Bletilla Ventures Limited Cyprus $ 25,000.00 3/15/2013 Bletilla Ventures Limited Cyprus $ 90,000.00 9/18/2013 Global Endeavour Inc. SVG* $ 135,937.37 10/31/2013 Jeunet Ltd. SVG* $ 167,689.40 3/28/2014 Jeunet Ltd. SVG* $ 135,639.65 4/3/2014 Jeunet Ltd. SVG* $ 82,979.93 : $ 1,300,214.42 Total Payments to *SVG - Saint Vincent and the Grenadines Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 9 of 577 Summary of Payments to Date Payer Country of Origin Amount 5/30/2012 Bletilla Ventures Limited Cyprus $ 130,000.00 8/2/2012 Bletilla Ventures Limited Cyprus $ 195,000.00 10/10/2012 Bletilla Ventures Limited Cyprus $ 130,000.00 11/16/2012 Bletilla Ventures Limited Cyprus $ 50,000.00 12/21/2012 Bletilla Ventures Limited Cyprus $ 54,649.51 3/15/2013 Bletilla Ventures Limited Cyprus $ 150,000.00 9/3/2013 Jeunet Ltd. SVG* $ 175,857.51 10/31/2013 Jeunet Ltd. SVG* $ 195,857.51 3/12/2014 Jeunet Ltd. SVG* $ 26,891.78 3/21/2014 Jeunet Ltd. SVG* $ 4/15/2014 Jeunet Ltd. SVG* $ 4,728.81 4/25/2014 Jeunet Ltd. SVG* $ 4,739.23 Total Payments to : $ 138,026.00 ** 1,255,750.35 *SVG - Saint Vincent and the Grenadines **For purposes of this analysis, Euro transactions were converted to US Dollars on the date of the transaction per the foreign bank records using historical daily exchange rates per https://www.oanda.com/currency/converter. Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 10 of 577 Summary of Payments to Date Payer ^ Country of Origin Amount 12/5/2012 Black Sea View Limited Cyprus $ 3/6/2013 Marziola Holdings Limited Cyprus $ 603,520.00 8/27/2013 Jeunet Ltd. SVG* $ 307,643.00 ** Total Payments to : $ 54,760.50 ** 965,923.50 *SVG - Saint Vincent and the Grenadines **For purposes of this analysis, Euro transactions were converted to US Dollars on the date of the transaction per the foreign bank records using historical daily exchange rates per https://www.oanda.com/currency/converter. ^In 2011, (FBC), using a British Virgin Islands company called entered into a 1.3 million Euro contract with , a company incorporated in the Seychelles, for work performed in the United States and Europe. (See Exhibit 1048 for the contract). According to the contract, requested payments from be made to 's Swiss bank account. Financial records identifying the specific payments were not available. In 2012, 2013, used a company called used a company called to receive approximately $54,760 for work performed. In to receive approximately $911,163 for work performed. Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 11 of 577 Summary of Payments to Date Payer Country of Origin Amount 9/10/2012 Bletilla Ventures Limited Cyprus $ 1,191,610.00 ** 11/30/2012 Black Sea View Limited Cyprus $ 34,641.90 ** 3/6/2013 Marziola Holdings Limited Cyprus $ 616,640.00 8/27/2013 Jeunet Ltd. SVG* $ 936,306.00 ** 8/27/2013 Jeunet Ltd. SVG* $ 45,170.70 ** 4/14/2014 Jeunet Ltd. SVG* $ 24,981.00 ** Total Payments to : $ 2,849,349.60 *SVG - Saint Vincent and the Grenadines **For purposes of this analysis, Euro transactions were converted to US Dollars on the date of the transaction per the foreign bank records using historical daily exchange rates per https://www.oanda.com/currency/converter. Case Document 525-2 Filed 02/23/19 Page 12 of 577 EXHIBIT 437 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 13 of 577 Payments from Foreign Entities to Entities Performing Work in the United States Entity Time Period Skadden, Arps, Slate, Meagher & Flom LLP Total Payments April 2012 - July 2012 $ 4,000,000.00 September 2012 - April 2014 $ 2,849,349.60 August 2012 - April 2014 $ 1,300,214.42 May 2012 - April 2014 $ 1,255,750.35 * May 2012 - November 2012 $ 1,028,563.00 *^ December 2012 - August 2013 $ 965,923.50 $ 11,399,800.87 * * Total Payments *For purposes of this analysis, Euro transactions were converted to US Dollars on the date of the transaction per the foreign bank records using historical daily exchange rates per https://www.oanda.com/currency/converter. ^In 2011, , using a British Virgin Islands company called , entered into a 1.3 million Euro contract with ., a company incorporated in the Seychelles, for work performed in the United States and Europe. (See Exhibit 1048 for the contract). According to the contract, requested payments from be made to Swiss bank account. Financial records identifying the specific payments were not available. In 2012, used a company called used a company called to receive approximately $54,760 for work performed. In 2013, to receive approximately $911,163 for work performed. GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 437 Case Document 525-2 Filed 02/23/19 Page 14 of 577 EXHIBIT 438 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 15 of 577 False and Misleading Foreign Agents Registration Act Statements in Counts 4 and 5 Documents in Manafort's Possession Beyond DMI's Thirty-Day Retention Policy Evidence Manafort memo to Gates, Kilimnik and regarding "Going on Offense Ukraine Action Plan for Europe and US." 7/3/2012 Manafort, Manafort memo to , and others regarding "Program and other to Conduct Briefings of Embassies, Media and NGOS." Ukrainians 505 Manafort 4182 NA Subpoena Return 10/9/2012 Memo regarding "Observer Group Strategy Team." 517 Manafort 4182 NA Subpoena Return 2/20/2010 Manafort memo to Yanukovych Manafort, Yanukovych regarding "Launch of Public Affairs Plan." 532 Manafort 1B85 (thumb drive) Manafort Condo Search GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 438 Date 6/25/2012 Participants Exhibit 503 Manafort, Gates, Kilimnik and Source Manafort 4182 Subpoena Return (also have under diff BIDMAS # with Metadata) Metadata Author and Last Save: Manafort Author and Last Save: Manafort 1 of 9 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 16 of 577 False and Misleading Foreign Agents Registration Act Statements in Counts 4 and 5 Documents in Manafort's Possession Beyond DMI's Thirty-Day Retention Policy Date 6/18/2010 Evidence Participants Manafort memo to Yanukovych Manafort, Yanukovych regarding Update on Key Policy Initiatives. Exhibit 539 Source Metadata Manafort 4182 Author and Subpoena Return Last Save: Manafort 3/2/2011 Manafort memo to regarding " call today News from Washington." 543 Manafort 4182 NA Subpoena Return 10/11/2011 Manafort memo to Manafort, regarding consulting payments. 550 Manafort 1B76 (G Last Saved: Manafort drive slim) Manafort Condo Search 9/24/2012 Manafort, Manafort memo to Yanukovych regarding "Our Yanukovych Current Washington Strategy and Post Elections Plan." 594 Manafort 1B85 (thumb drive) Manafort Condo Search Manafort, Lyovochkin Last Saved: Manafort 2 of 9 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 17 of 577 False and Misleading Foreign Agents Registration Act Statements in Counts 4 and 5 Documents in Manafort's Possession Beyond DMI's Thirty-Day Retention Policy Date 1/15/2013 Evidence Manafort created memo titled "VY Agenda" with references to "US Update" and back channel. Participants Manafort Exhibit 602 Source Manafort 1B85 (thumb drive) Manafort Condo Search Metadata Author and Last Save: Manafort 2/4/2013 Manafort memo to regarding "US Government Activity." Manafort, Yanukovych, Gates 604 Manafort 1B85 (thumb drive) Manafort Condo Search Author and Last Save: Gates 2/21/2013 Manafort, Manafort memo to regarding "Hapsburg – Update" Yanukovych in the U.S. 606 Manafort 1B85 (thumb drive) Manafort Condo Search Last Saved: Manafort 3/21/2013 Manafort created memo titled "Gates Agenda." 613 Manafort 1B85 (thumb drive) Manafort Condo Search Author and Last Save: Manafort Manafort 3 of 9 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 18 of 577 False and Misleading Foreign Agents Registration Act Statements in Counts 4 and 5 Documents in Manafort's Possession Beyond DMI's Thirty-Day Retention Policy Date 4/22/2013 Evidence Manafort memo to Yanukovych regarding "US Consultants – Quarterly Report." 4/25/2013 Participants Manafort, Yanukovych, Gates Exhibit 616 Source Manafort 1B85 (thumb drive) Manafort Condo Search Metadata Last Saved: Manafort Manafort, Manafort memo to regarding summary of accounts Yanukovych overdue to include Hapsburg , U.S. lobbying and PR. 617 Manafort 1B96 (iomega portable hard drive) Manafort Condo Search Author: Manafort 2/1/2013 Manafort created memo titled "RG TO DO." Manafort 690 Manafort 1B85 (thumb drive) Manafort Condo Search Author and Last Save: Manafort 2/24/2013 Manafort memo to regarding Hapsburg activitiy updates in the U.S. Manafort, 691 Manafort 1B85 (thumb drive) Manafort Condo Search Author and Last Save: Manafort 4 of 9 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 19 of 577 False and Misleading Foreign Agents Registration Act Statements in Counts 4 and 5 Documents in Manafort's Possession Beyond DMI's Thirty-Day Retention Policy Date 2/26/2013 Evidence Participants Manafort, Manafort memo to , regarding US visit" and stated "We need to increase Gates the frequency of key members from the GoU coming to the US." Exhibit 692 Source Manafort 1B85 (thumb drive) Manafort Condo Search Metadata Author and Last Save: Manafort 3/16/2013 Manafort, Manafort memo to , regarding " Trip to Gates Washington- based on an agenda we arranged to continue our strategy of repositioning key political and policy issues between the GoU and the USG." 694 Manafort 1B85 (thumb drive) Manafort Condo Search Author and Last Save: Manafort 3/23/2013 Manafort memo to "US Consultants Activity – Weekly Update." 695 Manafort, , Last Saved: Manafort Gates 5 of 9 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 20 of 577 False and Misleading Foreign Agents Registration Act Statements in Counts 4 and 5 Documents in Manafort's Possession Beyond DMI's Thirty-Day Retention Policy Date 4/7/2013 Evidence Manafort memo to regarding "Hapsburg – April/May Plan." 4/21/2013 5/8/2013 Participants Manafort, Exhibit 696 Source Manafort 1B85 (thumb drive) Manafort Condo Search Metadata Author and Last Save: Manafort Manafort, Manafort memo to , regarding "US consultant activity for the week" to include Gates GR and PR. 697 Manafort 1B85 (thumb drive) Manafort Condo Search Last Saved: Manafort Memo titled Meeting Summaries - 703 NA Manafort IB78 (Western Digital external hard drive) - Manafort Condo Search . 6 of 9 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 21 of 577 False and Misleading Foreign Agents Registration Act Statements in Counts 4 and 5 Documents in Manafort's Possession Beyond DMI's Thirty-Day Retention Policy Date 5/13/2013 Evidence Manafort memo to titled Washington, DC Visits. Participants Manafort, and others Exhibit 705 Source Manafort IB78 (Western Digital external hard drive) - Manafort Condo Search Metadata Author and Last Save: Gates 6/9/2013 Manafort memo to titled " Trip Report." Manafort, 706 Manafort 1B85 (thumb drive) Manafort Condo Search Last Saved: Manafort 6/17/2013 Manafort memo to titled "Ledger Update." Manafort, 707 Last Saved: Manafort IB78 (Western Digital Manafort external hard drive) - Manafort Condo Search 7 of 9 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 22 of 577 False and Misleading Foreign Agents Registration Act Statements in Counts 4 and 5 Documents in Manafort's Possession Beyond DMI's Thirty-Day Retention Policy Date 7/10/2013 Evidence Manafort memo to titled "Hapsburg and US." Participants Manafort, Exhibit 708 Source Metadata Last Saved: Manafort IB78 (Western Digital Manafort external hard drive) - Manafort Condo Search 7/22/2014 Manafort memo to titled "Wire Payments." Manafort, 710 4/25/2013 Manafort created memo titled " Manafort Kyiv Agenda, Week of April 23." 712 Manafort 1B85 (thumb drive) Manafort Condo Search Manafort 1B85 (thumb drive) Manafort Condo Search No Date Memo titled PJM Presentation Manafort to Weekly Campaign Management Meeting. 713 Author and Last Save: Manafort Author and Last Save: Manafort Manafort Storage NA Locker Search 8 of 9 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 23 of 577 False and Misleading Foreign Agents Registration Act Statements in Counts 4 and 5 Documents in Manafort's Possession Beyond DMI's Thirty-Day Retention Policy Date 3/5/2013 Evidence Calendar invite from Manafort for dinner with Congressman 3/19/13. Participants to Manafort, , Gates on Exhibit 1486 Source Manafort Metadata NA Search 9 of 9 Case Document 525-2 Filed 02/23/19 Page 24 of 577 EXHIBIT 441 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 25 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company 6/2/2005 C 6/18/2005 P 6/23/2005 P Manafort's Participation Political Activity DMP From: PJM To: CC: From Memo summarizing Manafort's meeting with National Security Council the coordinator of US-Ukraine policy at the National Security Council 500 - - Author/Last Saved Memo titled Basel Presentation , detailing a programatic strategy based upon a direct mandate provided by . The three programs identified are political efforts, government lobbying, and legal efforts. US and European Governments (USG Entities: State Department; White House; National Security Council; Commerce Department; AID; World Bank) 520 From: Paul J. Manafort, From Memo, with the subject line "Political, Lobbying and Legal Program for CIS", provides an update on the project's success within Ukraine and outlines a strategy for CIS countries White House; Capitol Hill; US State Department 521 Author/Last Saved Memo to White House; National 522 Security Council; Office of the VP; State Department; Energy Department; Commerce Department; Interior Department; Congress (bi-partisan outreach to leaders in the House and Senate; outreach to relevant committees) ; DMP To: Author/Last Saved: 6/25/2005 P Lobbied Entity Sender(s)/ Recipient(s) - - Exhibit GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 441 1 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 26 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company 8/10/2005 P 2/16/2010 Sender(s)/ Recipient(s) Manafort's Participation Political Activity Lobbied Entity - From: To: Author: Last Saved Memo National Security Council; 523 State Department; Treasury Department; Commerce Department; SSCI; HPSCI P; C DMP From: PJM To: VFY Author/Last Saved 2/20/2010 P; C DMP From: Paul J. Manafort To: President Victor Yanukovich Author Email identifying recipients who received a Main US Lobbyist 531 financial bonus from Manafort, for VFY's consideration for an additional bonus from VFY. One recipient listed is "Main US Lobbyist". Memo defines a plan to manage the strategy, Diplomatic and Political 532 public relations and international affairs for Communities within the US President Yanukovich. Manafort references previously managing a Government Relations program for VFY, that Manafort personally created and paid for. 4/9/2010 P DMP From: PJM To: VFY From Memo to VFY regarding VFY's upcoming US Presidential trip to the US, which includes talking points Administration; US for a meeting with Treasury; World Bank Exhibit 536 2 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 27 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company 6/18/2010 P; C 3/2/2011 P Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity DMP From: Paul J. Manafort To: President Victor Yanukovich From; Author/Last Saved Memo to VFY offering thanks for a financial US Department of Treasury, 539 bonus VFY sent, providing updates on National Security Council Manafort's meetings with USG entities re: IMF deal, and talking points for a future meeting between VFY and DMP From: PJM To: From Email providing talking points for a scheduled call between VFY and Exhibit White House Administration 543 3 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 28 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 9/9/2011 P Company ; DMP Sender(s)/ Recipient(s) Manafort's Participation Political Activity From To Arranging a meeting for a Ukrainian delegation with senior-level Hill staffers and foreign policy scholars and editors To: Paul Manafort Cc: Konstantin Kilimnik, Lobbied Entity Exhibit 1072 Senior Congressional staffers former 10/16/2011 C - From: K. Kilimnik To: , two (2) other recipients Author/Last Saved Memo from to VFY with a readout of meetings and phone calls Manafort has had regarding Tymoshenko. "Washington" - entities are not further specified 551 4 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 29 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 3/6/2012 P Company ; DMP Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: Rick Gates To: Cc: - Arranging meetings with the National Security Council for Prime Minister (PM) 's upcoming visit and identifying other House); persons of interest for the PM to meet. Exhibit 1935 (White (White House); Potential meetings: 3/13/2012 C DMP From: Konstanin Kilimnik Author To: Paul Manafort Last Saved: Konstantin Kilimnik Memo to VFY about contact with the European and US government regarding Tymosheno National Security Council 563 5 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 30 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company 4/5/2012 P Podesta Sender(s)/ Recipient(s) Manafort's Participation Political Activity Lobbied Entity From: To - A strategic outline identifying members of Congress for efforts of neutralization or positive engagement regarding policy toward Ukraine House/Senate Foreign Affairs Committee; Cc: 4/10/2012 P DMP From: Konstantin Kilimnik To To: Paul Manafort 4/11/2012 P DMP From: Paul Manafort To: K. Kilimnik; Rick Gates From Kilimnik has a called scheduled with and has requested weekly updates regarding lobbying, PR, and GR activities. Email chain discussing providing an update to re: and . PM provides guidance to include activities. Exhibit 1581 567 568 6 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 31 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 4/11/2012 P Company P 4/20/2012 P Manafort's Participation (Email) From: Konstantin From Kilimnik (Email) To: Two (2) other Russian recipients (Memo) From: PJM (Memo) To: VFY Author/Last saved: Rick Gates DMP 4/20/2012 Sender(s)/ Recipient(s) DMP Political Activity Lobbied Entity Exhibit Update on the public affairs and government US Congressional members 569 relations strategy. There is a proposal for a US Congressional delegation to Ukraine. From: Rick Gates To: - Gates is requesting a strategic plan, to include tactical items, in preparation for a meeting scheduled with "the top guy[.]" - 1591 From: - Memo titled GR Targets Congress; Administration 1592 - Removing ECFMU Facebook content referencing Tymoshenko in order to further engagement with Senate staffers To: Cc: 5/9/2012 P DMP From: To: 1612 Rick Gates; 7 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 32 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 5/9/2012 5/10/2012 Manafort's Participation Political Activity C From: - Contacted Senator's office and advised ECFMU is a new client. 1613 C To: Jodi Herman (Senator Menendez's office) From: - Conducted outreach to members of the Senate for prospective meetings with , an LDA client. 1616 - Draft talking points for in preparation for a meeting with the National Security Council 1617 - Scheduling meetings for , who is "essentially making [a] case for the government", 1618 - Meetings scheduled and coordinated are approved by Rick Gates 1619 1620 To: 5/10/2012 C From: To: 5/10/2012 C From: To: 5/10/2012 Lobbied Entity Sender(s)/ Recipient(s) Company C From: ) Exhibit To: 5/10/2012 P ; DMP From: To: - Proposed meeting with National Security Council 5/10/2012 P ; DMP From: Rick Gates To: - Outreach to the White House to confirm a formal invitation for Yakunovich to NATO event. White House; NATO 1621 8 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 33 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 5/11/2012 A Company Manafort's Participation Political Activity From: - Coordinating a meeting with and 1622 - Gates approved meetings are scheduled with two Senators. 1623 To: 5/11/2012 A Lobbied Entity Sender(s)/ Recipient(s) From: Exhibit To: 5/14/2012 A; C - - Confirmed schedule and itinerary for 1415 5/15/2012 P Calendar Organizer: - Scheduled a meeting between and , noting that will lead a Congessional delegation to Ukraine 1416 5/16/2012 P From: A - requesting a meeting with . outreach to NSC to coordinate. 1625 To: Cc: 9 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 34 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 5/18/2012 P Lobbied Entity Company Sender(s)/ Recipient(s) Manafort's Participation Political Activity - Scheduling meetings for the Minister of Foreign Affairs 1628 DMP From: Rick Gates To: Exhibit Cc: 5/18/2012 P From: To: - Scheduling meetings for the Foreign Minister and state "..but we don't represent the government." 1629 5/23/2012 P From: - Distributing materials directly to Rep. Burton's top staffer, to pass along to the Congressional delegation to Ukraine, as opposed to the delegation members directly 1633 - Memo regarding Inhofe Resolution and comments regarding congressional office outreach coordination between 1636 To: 5/25/2012 C ; DMP From To: Rick Gates Cc: 10 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 35 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 5/30/2012 P Company Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: - Outreach to Congress regarding the Inhofe Republican Senators; 1638 amendment, following a meeting with Gates Republican Representatives; discussing Ukraine. State Department - Email to Foreign Affairs committee staffer, as a representative of , regarding the Inhofe amendment 1639 - Identified contact regarding Inhofe amendment 1640 To: Exhibit Cc: 5/30/2012 C From: To: 5/30/2012 C From: To: Cc: 11 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 36 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 5/30/2012 C Company Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: - Email detailing and State Department's views on the Inhofe amendment 1641 - Forwarding information from to Gates regarding Inhofe amendment 1644 To: Exhibit Cc: 5/31/2012 C DMP From: To: Rick Gates Cc: 6/1/2012 P - - Memo detailing proposed outreach list for SA Legal Report Members of the House and 1354 Senate; National Security Council; State Department; Department of Justice 6/8/2012 P From: - Email discussion regarding FARA filing and Democratic Hill staffers outreach to Hill staffers 1648 To: 12 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 37 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 6/8/2012 6/11/2012 Sender(s)/ Recipient(s) Manafort's Participation Political Activity Lobbied Entity Exhibit P From: To: - Continued discussions regarding FARA filing and outreach to Hill staffers Democratic Hill staffers 1649 P Calendar Organizer: - Ukraine/ECFMU messaging meeting scheduled and includes the following attached documents: ECFMU Talking Points; UKR Hill Outreach; Centre Q A V2; ECFMU Launches US Allies Project; ECFMU Website Changes Summary of call about Ukraine with Rick Gates, which addresses FARA, meeting with an Ambassador, and outreach for Inhofe/Durbin resolutions Senate/House Committees on Foreign Affairs 1419 Congress regarding Inhofe and Durbin resolutions 1652 - Email regarding FARA and identifying Republican staffers Hill staffers (Republican and Democratic) 1653 - Coordinating meetings for White House; Capitol Hill and working with Gates to draft an op-ed for the President regarding the EURO 2012 soccer championship. 1655 - Meeting scheduled re: Inhofe resolution 1423 Company Attendees: 6/12/2012 P - From: To: 6/13/2012 P From: To: 6/19/2012 P From: To: Cc: 6/22/2012 P r Organizer: 13 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 38 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 6/25/2012 P Company DMP 6/25/2012 P Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: PJM To: RG; KK; From Memo from Manafort proposing a strategy "western governments" to go on offense against criticism of the (entities not specified) Ukrainian government. Gates will direct the collaborative government relations outreach plan. 503 Calendar Organizer: - Meeting scheduled with House staffers as representatives of 1424 - "American government" Email conversation about a release from provides (entities not specified) ECFMU stating that information to Ukraine's elected officials. writes, "We do?". responds, "Definitely. 24-7." Refering to a letter from Yakunovich to White House regarding Tymoshenko, Gates requests to talk to . 1659 Exhibit Attendees: 7/2/2012 C From: To: 7/8/2012 P 7/10/2012 P ; DMP DMP From: Rick Gates To: - From: Paul Manafort To: Rick Gates From Memo outlining key talking points by Ukrainian politician, , during 's upcoming visit to the US House; Senate (Both per 's itinerary) 1663 506 14 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 39 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 7/10/2012 C Company Manafort's Participation Political Activity From: - Email draft, for summary of relayed by Gates and From: Rick Gates To: Cc: - Discussion about approval from Manafort to Congressional members arrange meetings with the Hill for scheduled and/or staffers Ukrainian delegation's US visit. 1107 From: To: Cc: - Email containing a draft 650 word op-ed for US audience and a proposed itinerary of 's visit to the US 1108 To: (Podesta) Cc: 7/11/2012 P 7/12/2012 P DMP Lobbied Entity Sender(s)/ Recipient(s) , providing a 's 4-day visit, as . Exhibit 1665 15 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 40 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 7/16/2012 C Company Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: - Email to Lobbied Entity providing a summary of 's 4-day visit, as relayed by Exhibit 1670 Gates and To: Cc: 7/17/2012 P Email summary of meeting between detailing efforts Gates, and regarding Ukraine, to include Smith resolution (H. RES. 730) From Email containining government relations plan - Email containing draft summary, "per Rick's Members of the House and requests" of meetings scheduled and work Senate; relevant done by and in regarding to subcommittees past US visits by government officials To: 8/5/2012 P ECFMU; DMP JM To: Cc: 8/7/2012 C From: To: 1672 - , European government entities 508 1674 Cc: 16 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 41 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 8/24/2012 P Company Sender(s)/ Recipient(s) Manafort's Participation Political Activity Lobbied Entity From: - Email from to team on potential strategy and tactics for ECFMU going forward, as requested by Gates. Senate Leadership; House Leadership; House To: Exhibit 1677 ; Congressional staffers 8/27/2012 P DMP; (Email chain) Participants: Paul Manafort; Rick Gates; From Email chain originating from Manafort to Gates regarding recommendation for to call after the . Manafort requests Gates vet recommendation with . 8/30/2012 P DMP; From: Rick Gates To: - Email from Gates to team requesting facilitation of meetings for 1679 or Senior Senator 1682 Cc: 17 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 42 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 9/6/2012 C Company Sender(s)/ Recipient(s) Manafort's Participation Political Activity Lobbied Entity Exhibit From: - Podesta arranges meetings for Ambassador at the . meets with . - 1683 - Scheduling meetings for an upcoming visit by 1684 - Email with itinerary for 's visit to DC and a request from Gates with final meeting updates 1685 To: Ambassador 9/10/2012 P DMP From: Rick Gates To: Cc: 9/11/2012 P; C Rick Gates DMP To: Cc: 18 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 43 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 9/13/2012 P Company ECFMU; Manafort's Participation Political Activity From: - Email containing draft itinerary of scheduled Human Rights 1688 meetings for 's visit Commission; Helsinki Commission; Senate Foreign Relations Committee; House Foreign Affairs Committee; Congressional Ukranian Caucus - Senior Staff - Request for draft itinerary for visit - Email discussing strategy to connect with Senators opposed to the Senate Resolution (re: release of ) - Outreach to Senate staffer regarding Senate Resolution (re: release of ) To: (ECFMU); (ECFMU) Cc: 9/13/2012 C ECFMU; From: (ECFMU) To: Cc: 9/14/2012 P DMP; Lobbied Entity Sender(s)/ Recipient(s) 's Exhibit Human Rights 1689 Commission; Helsinki Commission; Senate Foreign Relations Committee; House Foreign Affairs Committee; Congressional Ukranian Caucus - Senior Staff (ECFMU) From: To: Rick Gates; Senate; 1691 Cc: 9/14/2012 C 1692 To: 19 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 44 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company 9/15/2012 P DMP Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: Paul Manafort To: Rick Gates Cc: Konstanin Kilimnik From; Author/Last Saved Memo from Manafort advising aggressive short term strategy plan titled Pre-Election Lobby Plan Lobbied Entity Exhibit 589 ; State Department 9/17/2012 P From: Rick Gates To: DMP - Gates delegates taskings for outreach to House and Senate members regarding Inhofe and Smith resolution 1695 1696 Cc: 9/17/2012 P ; DMP (Email chain) Participants: Rick Gates; - Providing Gates updates on House/Senate resolutions against Ukraine in preparation for Manafort's meeting with the President. confirms clearance to discuss pending report. 9/17/2012 C ; DMP From: - Email update to Gates on Inhofe/Durbin resolution 1697 staffers To: Rick Gates; Cc: 20 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 45 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 9/17/2012 C Company Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity From - Email update with direct feedback regarding Durbin resolution - Gates requesting email of Congressional , and . contacts made by Referenced Idea proposed by for further outreach to Senate re: resolution on Tymoshenko's release; mention of PM's work 1172 - Confirmation of contact to Senate re: resolution on Tymoshenko's release with Email confirmation from subject line "am working on USA matter" Email detailing follow-up pending regarding Senate contact Gates confirms hearing re: resolution on is finished. Manafort directed urgent contact recommendations to Gates regarding Senate resolution on 1173 Exhibit 1698 To: 9/18/2012 P From: Congress 1699 To: 9/19/2012 P (Email chain) Participants: Konstantin Kilimnik 9/19/2012 C 9/19/2012 C 9/19/2012 P 9/19/2012 C ; DMP 9/19/2012 C ; DMP From: To: From: To: From: To: From: Rick Gates To: (Email chain) Participants: Paul Manafort; Rick Gates; Cc 1174 1175 1176 1308 Konstantin Kilimnik; 21 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 46 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 9/19/2012 9/19/2012 Manafort's Participation Political Activity C (Email chain) Participants: - Email chain discussing disinterest in using email as means of communication, strategies for Senate contact, and confirmation that Senate passed the resolution 1702 C From: - Gates requests oral transmission of message from President to . confirms message delivered as voicemail. Contact made with Senate staffer regarding resolution on Ukraine 1703 To: Rick Gates 9/19/2012 Lobbied Entity Sender(s)/ Recipient(s) Company C - From: Exhibit 1917 To: 9/20/2012 C ; DMP (Email chain) Participants: - Email discussing progress of Sen. Res. Senate procedures, and Senate contacts. , 1705 ; Rick Gates; 22 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 47 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 9/20/2012 P 9/20/2012 P Company ; DMP ; DMP 9/20/2012 C 9/20/2012 P 9/21/2012 C ; DMP ; DMP Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: - Providing Gates an update on Podesta's scheduled call with 1706 To: Rick Gates (Email chain) Participants: - Coordination of outreach after Sen. Res. has been hotlined 1707 (Email chain) Participants: Rick Gates (Email chain) Participants: - From: - Gates emails a document on noting a Ukranian investor, to give to . requests confirmation from about 's PAC and West Virginia Senate elections. Email confirmation of pending call with Senator, request for updates from Gates, and Senate outreach Providing Gates with an update on Senate resolution Exhibit ; 1708 Senate 1709 1710 To: Rick Gates 23 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 48 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 9/21/2012 C Company ; DMP; Sender(s)/ Recipient(s) Manafort's Participation Political Activity Lobbied Entity Exhibit (Email chain) Participants: - Email discussing Senate procedures, to include anonymity for Senators requesting resolution hold and schedule for vote on resolution Senate 1711 (Email chain) Participants: - Email references call between and the Durbin and resolution 1712 (Email chain) Participants: - Email converation following vote on Senate Senate resolution. Confirmation received that the resolution was passed. 1714 Rick Gates 9/22/2012 C 9/22/2012 C ; DMP Rick Gates, 24 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 49 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 9/22/2012 C Company ; DMP Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity (Email chain) Participants: - Gates confirms that there will be no strategy Email list serv for the Senate 1715 change despite Sen. Res. being hotlined. (Email chain) Participants: Tony Podesta (Podesta); Rick Gates, - Gates sends an OpEd for along to call with . From: - Email relays speak with To circulates documents and an agenda USA (entity not specified) for H-Club meeting. The agenda includes topic of "International Activity", where "GC" and "USA" are listed. Exhibit Rick Gates 9/22/2012 C ; DMP 9/22/2012 P to pass confirms outreach to re: Ukraine resolution 1719 1720 To: Cc: 9/23/2012 P ; From: Jonathan DMP To: Paul Manafort; Rick Gates; 1374 25 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 50 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company 9/24/2012 C DMP 9/24/2012 P 9/24/2012 C Sender(s)/ Recipient(s) Manafort's Participation Political Activity Lobbied Entity From: PJM To: VFY From; Author/Last Saved Manafort provides VFY with a strategy update regarding Durbin resolution. White House; State Department; (Email chain) Participants: - Gates, after speaking with Manafort, prioritizes a meeting request with SL. 1721 ; (Email chain) Participants: Rick Gates; - Gates forwards update on Tymoshenko's health, for awareness. forwards to a contact. 1723 ; (Email chain) Participants: Rick Gates; - Gates requests assistance in arranging meetings for upcoming US visit by Yanukovych's Chief of Staff 1724 - Strategic project map and memo, referencing Washington, DC consultants 1377 Ukraine engagement, for Washington, DC consultants DMP 9/24/2012 P DMP 9/26/2012 P ; Exhibit 594 26 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 51 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 9/27/2012 P Company ; ; ; DMP 10/1/2012 P Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: Rick Gates To: - Gates sends a meeting agenda for "DC Consultants" meeting on September 26, 2016 containing "Overview and Comments from Kiev" (Email chain) Participants: - Strategy plan by Lobbied Entity Exhibit 1726 1727 Senators who have resigned, were defeated, or are retiring; Former and current government officials; 27 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 52 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 10/1/2012 P Company Manafort's Participation Political Activity From: - Conference call scheduled to discuss ECFMU/Ukraine and "Engage" Ukraine project map/matrix 1728 - Gates sends "DC Consultants Plan 928-1012.xlsx" and references a prior phone call. 1390 To: 10/2/2012 P DMP; Lobbied Entity Sender(s)/ Recipient(s) From: Rick Gates To: Exhibit 28 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 53 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 10/2/2012 P Company Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: - Email requesting a proposal for an intensive, Capital Hill; State one month government relations outreach Department effort 1602 - Edits are forwarded from for the "Ukraine Election Work Plan" 1731 To: Exhibit Cc: 10/3/2012 P From: Ukraine Caucus; To: Helsinki Commission; House; Senate; 10/3/2012 C ; DMP From: Rick Gates To: - Gates comments is a breakthrough. call with 1732 Cc: 29 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 54 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company Sender(s)/ Recipient(s) Manafort's Participation Political Activity 10/9/2012 P DMP - Author 10/10/2012 P From: Rick Gates To: - PM memo titled "Observer Group Strategy US delegations to Ukraine 517 Team" regarding dealing with election observers. PM has PJM/AK/Kozhara in charge of overall strategy with over Europe and RG/ over US. Gates emails pre-meeting note highlighting References pre-election GR 1735 need for a plan to deflect the lies and plan (entity is not specified) distortions of the opposition "as the election gets closer and it begins to become apparent that the PoR is going to win…" 10/11/2012 P From: (ECFMU) To: - ; DMP; ECFMU; DMP writes asking who from the PoR should visit DC directly after elections. Lobbied Entity Exhibit 1736 Rick Gates; Cc: 30 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 55 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company 10/14/2012 P DMP 10/15/2012 A; C Manafort's Participation Political Activity From: Paul Manafort To: Cc: Rick Gates From From: - Manafort emails multiple attachments to Senate; House Young regarding Ukraine elections, advising Young to draft an additional memo. One attachment contains talking points for Ohkendovsky's US visit Antelo describes no longer receiving calls from State Department contact, suspecting "[they] did some reasearch on and determined was on the "other side". To: 10/15/2012 C ; DMP Lobbied Entity Sender(s)/ Recipient(s) Cc: From: - Contact made with State department following article release suggesting advocates for Tymoshenko's release. - provides update on Ukrainian Caucus staffers with positive responses for potentially serving as election observers. To: Rick Gates Cc: State Department Exhibit 597 1737 1738 Fwd: 10/16/2012 C m: To: 1739 Cc: 31 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 56 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 10/16/2012 P Company Sender(s)/ Recipient(s) Manafort's Participation Political Activity Lobbied Entity From: - forwards an email from Gates, which requests "[completing a] report for each person [they] contact in relation to Ukraine and the election and send these reports to [Gates] DAILY". Entities, as definied in the pre- and post- election strategy plans To: Exhibit 1740 10/17/2012 P - - Draft letters addressed to Congressional members on behalf of Ukraine 1741 10/17/2012 C - - Daily outreach report from 1742 10/17/2012 C - - Daily outreach report from 1743 10/18/2012 C - - Daily outreach report from 1431 32 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 57 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 10/18/2012 P; C Company ; DMP Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity (Email chain) Participants: - Email chain coordinating outreach to House/Senate 1744 Gates' email advises the team's efforts "are Current outreach strategy noticed in Kyiv" and advised to remain aggressive. List of tasks related to the Ukraine project Senate; House (PDG00018676-15) Update on phone call and delegation of tasks regarding Smith resolution 1745 Exhibit Rick Gates; 10/19/2012 P; C DMP From: Rick Gates To: Rick Gates - 10/22/2012 P - Individuals: - 10/23/2012 P; C From: - 1746 1748 To: Cc: 10/23/2012 P From: - Email from Gates is forwarded by to obtain strategy plan for outreach re: Durbin and Smith resolution - Group sending “contact reports” to Gates and Ina To 10/29/2012 C ; DMP Individuals: Gates; 1749 - 1942 33 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 58 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 10/29/2012 C 10/30/2012 Company ; DMP P ; DMP Political Activity Lobbied Entity Exhibit - 1943 White House; Natonal Security Council 1751 Sender(s)/ Recipient(s) Manafort's Participation Individuals: Gates; - (Email chain) Participants: Paul Manafort; From Gates forwards an email from Manafort to requesting a separate strategy for outreach. - Tavlarides forwards a comment from COS for more balanced information on Ukraine. - Draft daily report perceived as "more balanced" for distribution to contacts State Department; House; Senate 1753 - 1754 sending “contact reports” to Gates and ick Gates; 10/31/2012 C From: 1752 To: 10/31/2012 P From: To: Cc: 10/31/2012 C Individuals: - Contact reports sent from Podesta Group to Gates and Kirsch 10/31/2012 C From: - CA sends final version of Hill report staff on (PDG00035025) to behalf of ECFMU To: 1755 Cc: 34 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 59 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 11/1/2012 P 11/9/2012 P Company ; DMP; ; DMP Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: Rick Gates To: - Gates emails a request to stop a WH White House; State statement on Ukraine elections following Department negative public statements by State Department and includes VY's perception of the statements. 1756 PDG confirms covering Helsinkin Commission meetings Helsinki Commission 1230 Gates wants to know why they were unaware of a call between VP and Yanukovych. White House Press Office List Serv 1760 (Email chain) Participants: Rick Gates; Exhibit (ECFMU); 11/14/2012 P ; DMP (Email chain) Participants: Rick Gates (Podesta); 35 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 60 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 11/19/2012 P Company ECFMU; Manafort's Participation Political Activity Affiliates: - Post-election Public Affair Plan through end White House; National 1761 of 2012 sent from to ECFMU Security Council; State Department; House; Senate - Calendar invite for internal Ukraine call re: Yefremov visit - Request to Gates for confirmation of arranging meetings for November visit DMP; (ECFMU); 11/20/2012 P Lobbied Entity Sender(s)/ Recipient(s) Calendar Organizer: Exhibit 1439 Attendees: 11/20/2012 P ; DMP From: To: Rick Gates; Democratic Congressional staff 1762 36 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 61 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 11/26/2012 P Company ; DMP Sender(s)/ Recipient(s) Manafort's Participation From: - Political Activity Lobbied Entity updates stategy guide Exhibit 1397 To: Rick Gates 11/29/2012 C 11/29/2012 P ; (Email chain) Participants: - draft response to Gates' request for a Capitol Hill recap of the year's includes outreach for the Smith and Durbin resolutions. 1764 From: - Gates requests an update on the project for Capitol Hill an assessment to brief VFY and characterized as an assessment by Manafort. 1766 DMP To: Rick Gates Cc: 37 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 62 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 12/6/2012 P 12/11/2012 P Company ; DMP; DMP Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity (Email chain) Participants: Gates; Kilimnik; Manafort Cc Documents, including strategy plans, for SA report that have been edited by Manafort 1400 From: - Summary of phone call with Gates advising hand-develivered copies of the Skadden report go to Congress. 1771 To: Exhibit 38 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 63 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 12/14/2012 P 12/14/2012 P Company ; DMP ; DMP Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: To: Rick Gates Referenced Email titled "Government Relations Strategy Manfort meetings: - ECFMU" (Email chain) Participants: - Engage Ukraine 2013 Strategy Exhibit 1448 1772 Rick Gates; 39 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 64 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 12/15/2012 P; C Sender(s)/ Recipient(s) Company ; DMP Manafort's Participation (Email chain) Participants: Rick Gates; 12/19/2012 P (Email chain) Participants: - 2013 P - 1/16/2013 C 1/21/2013 P ; DMP ; DMP From: Rick Gates To: Cc: (Memo) From (Email chain) Participants: - Political Activity Lobbied Entity Gates confirms sharing the State press briefing in Kiev and advises request for a direct statement from State/WH and arrangement of briefings. State Department; White House; List of discussed with Gates as Exhibit 1936 1450 Document (Strategy Plan - Engage Ukraine Congress; Executive Branch 1775 2013 ) Gates forwards a memo from Manafort to 1453 Yakunovich re: US Congressional Resolutions H. Res. 27 and H. Res. 28, describing work Gates proposes lists of contacts to reach out to in anticipation of Tymoshenko's daughter's upcoming visit. 1454 40 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 65 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 1/31/2013 P Company Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: - DC meetings scheduled for Ukranian MP 1780 Exhibit To: 2/4/2013 C DMP From: PJM To: President VFY - Manafort memo to VY summarizes key US activity, including changes in Congress and pending resolutions 604 2/13/2013 P DMP; From: - Gates is requesting updates from the team on their contact with a prioritized list of individuals. Additionally, he is looking for information on the Magnitsky Act. 1464 To: Cc: 41 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 66 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company 2/18/2013 P; C 2/18/2013 P 2/18/2013 C Sender(s)/ Recipient(s) Manafort's Participation Political Activity DMP; (Email chain) Participants: - Gates forwards draft document from and provides list of potential meetings to schedule for visit DMP; (Email chain) Participants: - Gates further directs priorities for meeting arrangements for visit From: - Wright sends requested updates/contacts to Gates. From; Author/Last Saved Memo to VFY regarding "actions taken by [the] US consultants team in support of Ukraine's priorities" Lobbied Entity Exhibit 1466 House Foreign Affairs 1467 Committee; Senate Foreign Relations Committee 1784 To: Rick Gates Cc: 2/19/2013 C DMP M To: President VFY Administration; Congress 605 42 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 67 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 2/19/2013 P 2/21/2013 P 2/21/2013 Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity (Email chain) Participants: - Gates organizing work plan meeting based on "info from Kyiv." 1465 DMP From: PJM To: President VFY From; Author/Last Saved 606 P DMP From: To: Konstantin Kilimnik (Memo) From Administration officials; PM memo to VY re Hapsburg Update to include plan to deploy to U.S. "By expanding the presence of the Hapsburg team to the US this year...leverage the team’s experience, expertise, and network of high profile EU and US officials behind the scenes as much as possible." Manfort memo to VFY re: Engage Ukraine White House; Department Stategy for 2013 of State; Congress 2/22/2013 P DMP From: To: - email regarding request for meetings on behalf of Forwards information sent to Manafort. White House; Congress 1315 2/23/2013 P DMP (Email chain) Participants: Cc Email coordinating meetings for White House; Congress 1316 Company ; DMP; Exhibit 607 ick Gates; Paul Manafort 43 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 68 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company 2/24/2013 P; C 2/25/2013 Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity DMP From: PJM To: Email update on visit/meeting agenda P DMP From: Friedman To: Rick Gates; From; Author/Last Saved - 2/25/2013 C DMP; (Email chain) Participants: Rick Gates; 2/26/2013 C DMP From: PJM To: 2/27/2013 P DMP 2/27/2013 P DMP From: Rick Gates To: Cc: Paul Manafort To From: Friedman To: Paul Manafort; Konstantin Kilimnik 2/27/2013 P DMP; From: and RP's Congress; Administation officials; Exhibit 691 Updated talking points for trips that are "more American" 1318 - Outreach for meetings with Kwasniewski 1469 From; Author/Last Saved Cc Positive update on 692 US visit Gates provides priority meetings for visit mentions emails updates from DC trip - More congressional outreachs for visit To Gates provided talking point to re: meetings ; House; Senate; Senate Foreign Relations Committee 1320 political meetings 1321 1471 To: Rick Gates Cc: 2/28/2013 C DMP From: Rick Gates To: Paul Manafort Cc: - 1322 44 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 69 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company 3/1/2013 C DMP Sender(s)/ Recipient(s) Manafort's Participation Political Activity Lobbied Entity Exhibit From: Rick Gates To: Cc Gates sends final meeting agenda for - 1324 - Calendar invite detailing meetings 1473 Cc: Paul Manafort 3/1/2013 P Calendar Organizer: Attendees: 3/2/2013 P; C DMP - Author/Last Saved Memo from Manafort with updates from previous visits and future meetings/taskings 693 3/3/2013 P DMP From: Rick Gates To: - Meeting letter request from 1262 3/3/2013 C DMP From: Rick Gates To: Paul Manafort; To Gates provides positive updates on visit to All scheduled meetings attended 1326 45 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 70 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company Sender(s)/ Recipient(s) Manafort's Participation Political Activity 3/3/2013 P DMP; From: - Memo sent to Gates re: strategy for out Lobbied Entity to form Exhibit 1789 To: Rick Gates Cc: 3/4/2013 P DMP From: Rick Gates To: - Meeting letter request from 1263 3/4/2013 P DMP - P DMP 3/4/2013 P DMP From: Rick Gates To: - draft letter to sends advising to send back to get put on letterhead. Gates sends draft letters from intended Congress for was unable to meet with while in DC Gates advises draft letter to can be sent to "our guys in DC" for review 1264 3/4/2013 From: Friedman To: Cc: From: Rick Gates To: 3/4/2013 P DMP From: Rick Gates To: - Gates provides directions on how to submit letter from to 1267 3/4/2013 P DMP; From: Rick Gates To: Cc: - Arranging Manafort meetings and additional contact 1474 - 1265 1266 46 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 71 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company Sender(s)/ Recipient(s) Manafort's Participation Political Activity 3/5/2013 P;C DMP - - PM memo to VY re vist to US and "I (PM) have begun to provide background briefings to the I am Department using a several key influencers within the State Department to ensure that is prepared upon his arrival to Kyiv." re: Gates Washington, DC visits 3/5/2013 P DMP; From: To: Cc: - 3/5/2013 P DMP From: Rick Gates - 3/5/2013 P From: To: Cc: - 3/5/2013 P DMP; From: Rick Gates To: Paul Manafort; To 3/5/2013 P DMP; (Email chain) Participants: - Lobbied Entity Gates provides update on meetings Draft letter from scheduled ; State 1270 1271 1272 anticipated meeting schedule Gates priorities for Exhibit 609 visit 1327 1476 47 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 72 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company 3/6/2013 P 3/7/2013 Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity DMP; From: Rick Gates To: Cc: - Confirmation of additional meeting for 1477 P DMP From: Rick Gates To: - Gates requests draft letter is forwarded to White House officials 1273 3/7/2013 P DMP From: Rick Gates To: - Copy of forwarded 3/7/2013 P From: - Draft meeting schedule for - Gates is working on talking points for Congressional meetings draft letter requesting to be s visit - Exhibit 1328 1790 DMP To: Cc: 3/8/2013 P DMP ck Gates To: 1330 48 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 73 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company 3/8/2013 P 3/10/2013 P Sender(s)/ Recipient(s) Manafort's Participation Political Activity DMP; From: Rick Gates To: Paul Manafort Cc: - Gates emails a draft speech DMP From: Rick Gates To: Paul Manafort; - Updated agenda for Lobbied Entity Exhibit agenda, visit PoCs, and 1331 visit 1333 ; 3/11/2013 P From: - visit agenda email Secretary Kerry not likely 1792 To: Cc: 49 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 74 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company 3/12/2013 P DMP From: Konstantin Kilimnik To: 3/12/2013 p DMP; From: Rick Gates To: Paul Manafort - 3/12/2013 P DMP; From: To: Rick Gates; - Sender(s)/ Recipient(s) Manafort's Participation Political Activity Lobbied Entity Exhibit Kilimnik sends briefing book with the message (in Russian): this week Paul organized a vist by to Washington. The briefing book lists and Gates as author/modified-by. 610 Gates sends a draft briefing book on visit containing meeting schedules 1335 agenda is emailed 1478 Cc: 50 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 75 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 3/13/2013 C 3/13/2013 P 3/14/2013 C Company DMP; Manafort's Participation Political Activity From: To: Referenced provides first day updates re: visit and corroboration from Manafort From: Rick Gates To: Cc: - Update on meetings schedule and pending From: - Update on representative meeting with House - Calendar invite detailing meeting w/ , provides his background information, and highlights policy on areas of interest (Ukraine/Russia) To: Rick Gates Cc: 3/14/2013 P Lobbied Entity Sender(s)/ Recipient(s) National Security Council meetings still pending 1479 1342 (ECFMU); Calendar Organizer: Attendees: Exhibit 1275 1481 51 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 76 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 3/14/2013 P Company Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: To Calendar update for meeting changes between Manafort and Congress 1482 - Target list for 's upcoming visit includes outreach to Congress 1793 Exhibit To: Rick Gates; Paul Manafort Cc: 3/14/2013 P From: State To: Department Cc: 3/15/2013 C To DMP To: Paul Manafort Cc: Rick Gates; Konstantin Kilimnik 3/16/2013 C DMP From: Konstantin Kilimnik To: 3/16/2013 C DMP Fom: PJM To: From Sager sends memo summarizing to DC Kilimnik confirms opening 's visit Memo on meetings 's trip - 's memo re: - 's visit discusses bi-laterial 1343 611 694 52 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 77 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 3/17/2013 C Company Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: Rick Gates To: - Gates emails requesting a readout on interviews from s trip, but highlights the success of the GR meetings. 1794 Exhibit Cc: 3/18/2013 C DMP; From: To: Paul Manafort To Memo to PM re: upcoming briefings, Q&A about ECFMU and a question about FARA. 1484 3/18/2013 P DMP; From: Rick Gates To: Cc: Referenced Update on Paul Manafort's scheduled DC meetings 1485 3/18/2013 P From: - Talking points for the President are sent to Gates, address Congressional sanctions Gates request talking points for the President's meeting with Read message confirmation for subject ; DMP Congress 1795 To: Rick Gates Cc: 3/18/2013 P DMP; From: Rick Gates - 3/19/2013 P DMP; From: Rick Gates To: Referenced - Author/Last Saved 3/21/2013 P DMP 1797 1488 .." Gates Agenda for 3/21/13; Discusses GR and PR in US 613 53 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 78 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company 3/23/2013 P DMP 3/25/2013 P Manafort's Participation Political Activity From: PJM To: SL Last Saved Memo on US Consultants weekly activities From: - To: 3/27/2013 C ; DMP; ECFMU Lobbied Entity Sender(s)/ Recipient(s) 1800 outreach (ECFMU) From: memo to regarding visit to DC; congressional and press Exhibit 695 - Readout on with meeting 1801 To: Rick Gates; (ECFMU) Cc: 54 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 79 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 3/28/2013 C Company ; DMP; ECFMU Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: - Readout on with State Department (Email chain) Participants: - Proposed GR strategy plan by PDG and M/CW 1805 From: PJM To: VY From; Author/Last Saved Memo from Manafort re: Hapsburg update - April/May plan. "This phase centers around a high-level and intense private effort at back-channel diplomacy focused on senior U.S. and European officials." 696 meeting Exhibit 1803 To: Rick Gates; (ECFMU) Cc: 4/6/2013 P 4/7/2013 P DMP 55 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 80 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company 4/8/2013 P 4/15/2013 P Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity DMP; From: Rick Gates To: - Gates email containing document strategy re: that has been "submitted to Kyiv and approved" 1806 DMP; From: To: - Email from Kirsch detailing interest in meeting with identified contacts during US trip 1809 ; Rick Gates Exhibit Cc: 4/19/2013 P ; From: - Update on work 1492 ; To: Rick Gates (Email chain) Participants: Rick Gates; - Ukraine Quarterly update sent to Gates for highlights to go to Manafort 1810 DMP 4/19/2013 P DMP 56 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 81 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company 4/21/2013 C 4/22/2013 Sender(s)/ Recipient(s) Manafort's Participation Political Activity Lobbied Entity DMP From: PJM To: From; Last Saved US Consultants Activity - Weekly Update White House; Senate; House; State Department 697 C DMP From: PJM To: President VFY From; Last Saved Manfort memo re: Quarterly Report on US Consultants activity White House; Senate; House; State Department 616 4/25/2013 C DMP From: PJM To: From; Author/Last Saved 4/25/2013 P DMP - Author/Last Saved Manfort sends an updated ledger of US Lobbying summary of accounts overdue and writes "I have paid out all of Hapsburg and all but one month of the US operations out of my pocket." Outline from Manafort detailing GR outreach 4/25/2013 P DMP; From: Rick Gates To: - Gates details taskings after Manafort's meeting with the Minister 4/25/2013 P DMP; Calendar Organizer: - Subject: Call Rick Gates Exhibit 617 699 712 1939 ; State Department 4/26/2013 P DMP; (Email chain) Participants: - Email coordination to schedule meetings 1493 57 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 82 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 4/26/2013 P Company Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: - confirms outreach task 1811 (Email chain) Participants: - confirms he requested meetings for 1813 From: - Meeting confirmation for Manafort - Confirmation of Cc: - Last Saved Agenda for From: - contact w/ House re: shale gas and Ukraine reserves Exhibit To: 5/1/2013 P 5/2/2013 P DMP; ; DMP; and 1814 To: Rick Gates; 5/6/2013 P From: meetings 1815 To: 5/7/2013 P 5/7/2013 P - DC visit 700 1496 To: Cc: 58 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 83 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company Sender(s)/ Recipient(s) Manafort's Participation Political Activity 5/8/2013 P - - - Agenda for Visit 701 5/8/2013 P - - - Agenda for Visit 702 5/8/2013 C - - - Meeting summaries for visit Lobbied Entity Exhibit 703 59 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 84 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company Sender(s)/ Recipient(s) Manafort's Participation Political Activity 5/8/2013 P - - - Meeting agenda and talking points for visit 1497 5/10/2013 P Calendar Organizer: - Phone call scheduled for meeting with to discuss 1498 5/11/2013 P From: - Email draft summary of meeting 1821 - Email discussion to coordinate summary of meeting 1499 1822 Lobbied Entity Exhibit Cc: 5/12/2013 P From: Cc: 5/12/2013 P DMP; From: Rick Gates To: Cc: - Coordinating call for 5/13/2013 C DMP - - Meeting summaries May 13, 2013 to include read outs of each meeting with GR (Congress and DoS) and PR. Congress 704 60 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 85 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company Sender(s)/ Recipient(s) Manafort's Participation Political Activity Lobbied Entity Exhibit 5/14/2013 C DMP - - Congress 705 5/17/2013 C DMP; From: To: Paul Manafort Manafort Updated PM memo to re Washington DC visits and which outline GR/PR meetings in DC and discuss need for continued briefing to Congress. accompanied to and official luncheon for meetings with discussed Ukraine with 5/17/2013 C DMP; Manafort From: Updated To: Paul Manafort cc: Rick Gates; Konstantin Kilimnik 5/21/2013 P DMP; From: Rick Gates To: 852 discussed the U.S. engaging the Ukraine with 853 - Gates emails staff meetings for 1417 - E-mail discussion of visit stratetgy for to arrange congressional ; 5/22/2013 P DMP; (Email chain) Participants: in June 2013, including congressional meetings Rick Gates; 5/22/2013 P DMP; (Email chain) Participants: 1500 - Email regarding visit 1501 Rick Gates; 61 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 86 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 5/28/2013 P Company ; DMP; Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: - Agenda for - Meeting to discuss meeting with 1503 - Email update from 1826 visit Exhibit 1824 To: Rick Gates Cc: 5/29/2013 ) r Organizer: P Attendees: 5/30/2013 C From: about meeting To: Rick Gates; (ECFMU) Cc: 62 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 87 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 6/4/2013 P Company Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity Calendar Organizer: - Meeting scheduled - Meeting scheduled Exhibit 1504 Attendees 6/4/2013 P Calendar Organizer: ) 1505 Attendees 6/4/2013 P ; DMP (Email chain) ; meeting schedules and update office 1509 Briefing book corresponding to scheduled meetings and visit 1827 from Rick Gates; 6/4/2013 P ; DMP; From: - To: Cc: 63 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 88 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 6/5/2013 P Company ; ; DMP 6/5/2013 P 6/6/2013 P ; DMP Sender(s)/ Recipient(s) Manafort's Participation Political Activity Lobbied Entity Exhibit (Email chain) Participants: - Additional correspondance on visit. Gates sends briefing book, which is later updated. - 621 (Email chain) Participants: - arranges meeting between and “re Ukraine.” After a rescheduling issue, suggests rescheduling a later meeting to accommodate rescheduled meeting with 622 Calendar Organizer: - Calendar meeting for and House; includes Representatives background information. 1507 Attendees: 64 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 89 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 6/6/2013 P Company Sender(s)/ Recipient(s) Manafort's Participation Political Activity Calendar Organizer: - Calendar meeting for and House; includes Representatives background information. Attendees: Lobbied Entity Exhibit 1508 65 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 90 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 6/7/2013 C Company Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: To: Rick Gates - Document summarizing outreach and contact made on behalf of 's visit Lobbied Entity Exhibit 1510 66 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 91 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company 6/9/2013 C - 6/12/2013 C ; DMP; Manafort's Participation Political Activity From: PJM To: Last Saved Summary report from Manafort on trip From: - sends Gates a memo with an overview of the Durbin resolution, as requested by Gates Last Saved PM memo to SL stating "I have been financing operations by a personal loan…I have new obligations to Hapsburg and the US Consultants…The work is at a peak level of impact in the US… and with selected media." To: Rick Gates; 6/17/2013 C DMP Lobbied Entity Sender(s)/ Recipient(s) From: PJM To: Exhibit 706 House; Senate 1830 707 67 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 92 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 6/18/2013 C Company ; DMP; ECFMU Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: - updates Gates and meeting From: Rick Gates To: - Gates suggests a Senate outreach 1835 From: Rick Gates To: - Gates asks for review of memo re: Durbin resolution that may need to be used with Kyiv 1836 From: Konstantin Kilimnik To: Memo from PM to SL is sent Kilimnik re: Durbin resolution on recent Exhibit 1831 To: Rick Gates; 6/25/2013 P 6/25/2013 P 6/26/2013 C ; DMP DMP Senate; House; State Department 624 68 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 93 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* Company 6/26/2013 P 7/10/2013 P 7/11/2013 P Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity DMP; From: Rick Gates To: - Gates requests Mercury assessment on postion on the Durbin resolution. 1514 DMP From: PJM To: From; Last Saved PM memo to SL details strategy is to deploy Congress the Hapsburg team to make calls to specific members of US Congress. Advises team's reluctancy to move forward until the contractual issues are resolved. 708 From: - Gates wants to identify contacts to lobby Senator re: Durbin resolution. 1838 (Email chain) Participants: - Contacts identified with gas interests to lobby Senator re: Durbin resolution 1839 (Email chain) Participants: - Email proposing discusions with Senator re: Durbin resolution 1840 Exhibit To: Cc: 7/11/2013 P 7/25/2013 P ; DMP ; Rick Gates 69 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 94 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 8/5/2013 C Company Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: - Main accomplishments over past seven months re: Engage Ukraine strategy 1841 Phone call summary re: travel plans and Congress coordination with Congressional sessions 1842 Exhibit To: Rick Gates Cc: 8/8/2013 P ECFMU; 8/8/2013 P ECFMU; 9/3/2013 P; C Additonal email copy sent to Fro To: (ECFMU) Cc: From: Rick Gates To: (ECFMU) Cc: - Phone call summary re: travel plans and Congress coordination with Congressional sessions 1843 From: Rick Gates To: - Gates emails out taskings and notes Durbin resolution. confirms past work that has been done, without payment. 1847 House; Senate 70 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 95 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 9/4/2013 P Company Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: - sends draft resoulution language House; Senate re: Tymoshenko 1849 Exhibit To: 9/25/2013 P hain) Participants: - replies to 9/24 e-mail advising House; Senate RG requested effort to identify contacts to oppose the legislation calling for Tymoshenko's release in districts with strong Ukr-American presence; questions feasibility and requests clarification on the identification of districts and fundraisers 1852 9/30/2013 P From: - receives an update from . advises not to pass along to "client". 1853 To: Cc: 71 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 96 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 10/8/2013 10/9/2013 Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity C (Email chain) Participants: - Email chain with internal discussion about lack of payment, as well as an update from a contact at the House. 1856 C From: - Question from House staffer re: funder for ECFMU 1857 - Gates requests call to advising call with "is in the loop". 1860 Company Exhibit To: 10/17/2013 P ; DMP From: Rick Gates To: who 72 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 97 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 11/19/2013 P Company ECFMU Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: - Outline for Lobbied Entity visit Exhibit 1868 To: (ECFMU); Rick Gates Cc: 11/19/2013 C From: - forwards Senator statements 1937 to Gates To: Rick Gates Cc: 11/20/2013 C 11/23/2013 P DMP; (Email chain) Participants: - Outreach to House re: resolution language to speak directly with the Chairman (Email chain) Participants: Rick Gates; - Email regarding readout of and President Yanukovych and request for outreach from Gates 1531 International Monetary Fund 1870 73 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 98 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 11/26/2013 1/17/2014 Manafort's Participation Political Activity P; C (Email chain) Participants: - Email re: call with upcoming trip, and proposed meetings 1534 P From: - Outreach by 1544 P From: - Email confirming is an advisor to PM and suggest phone call and meetings with House Representative 1538 - Calendar invite for phone call between 1539 - Confirmation of Congressional outreach re: HR 447 1881 To: Cc: 1/28/2014 P Calendar Organizer: to House regarding Exhibit per Gates To: 1/24/2014 Lobbied Entity Sender(s)/ Recipient(s) Company Attendees: 1/28/2014 C From: To: 74 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 99 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 2/3/2014 P 2/6/2014 P Company Sender(s)/ Recipient(s) ; DMP From: Rick Gates To: ECFMU; DMP (Email chain) Participants: Rick Gates, Lobbied Entity Manafort's Participation Political Activity - Gates looking to arrange meetings for 1542 - Email conversation about article re: call; discussion of meetings 1885 Email discussion about guest list for dinner with Sergei Lyvochin 1886 Exhibit (ECFMU); 2/11/2014 P ; DMP (Email chain) Participants: Rick Gates; 75 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 100 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 2/11/2014 P 2/18/2014 P Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity ; DMP (Email chain) Participants: - Email between discussing attendees for dinner with Sergei Lyvochkin (former CoS to Yanukovich and then current presidential adviser) 1887 ; DMP; (Email chain) Participants: - Gates emails about and discusses outreach. draft language responds. 1545 - Discussion of outreach on the bill and whether the co-sponsor had turned because of "Bad ECFMU stories" 1546 - Gates emails about and discusses outreach. 1888 Company Exhibit Rick 2/18/2014 P ; DMP; 2/18/2014 P ; DMP; Gates (Email chain) Participants: ick Gates To: draft language Cc: 76 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 101 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 4/21/2014 C Company ; DMP Lobbied Entity Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: Rick Gates To: - Gates emails about Yulia Tymo's trip to DC Congress and negative blog reports about Congressional meetings 5/7/2014 P (Email chain) Participants: - Email of QFRs for the Ukraine HFAC hearing 6/26/2016 P From - Itinerary detailing scheduled meetings on the Hill Exhibit 1907 Discusses State Department's role 1909 1656 Senate To: Cc: 6/27/2017 C DMP 2/28/2018 C DMP; 2/28/2018 C DMP; es: Paul Manafort; Signed Registrant Richard Gates (Chat) Participants: Konstantin Kilimnik; (Chat) Participants: Konstantin Kilimnik; - NSD/FARA Registration 928 Discussion about lobbying - 1346 Discussion about lobbying - 1347 77 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 102 of 577 Government Relations Activity Date(s) Proposed, Attempted, or Completed (P, A, C)* 10/18/2018 P Company ECFMU; Sender(s)/ Recipient(s) Manafort's Participation Political Activity From: - Proposed itemerary prepared by for the visit by - October 29-31, 2013. Both members of the Party of Regions. ECFMU To: (ECFMU); Lobbied Entity Exhibit 1859 Cc: Rick Gates 78 of 78 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 103 of 577 Government Relations Activity: Paul Manafort Date(s) 6/2/2005 Proposed, Attempted, or Completed (P, A, C)* Company C DMP 6/25/2012 P Sender(s)/Recipient(s Manafort's ) Participation From From: PJM To: CC: ; From: PJM To: RG; KK; From DMP 7/10/2012 P DMP 8/5/2012 P ECFMU; DMP From: PJM To: Cc: From 10/9/2012 P DMP Author From: Paul Manafort From To: Rick Gates - Political Activity Lobbied Entity Memo summarizing Manafort's meeting National Security Council with the coordinator of US-Ukraine policy at the National Security Council Exhibit 500 Memo from Manafort proposing a strategy to go on offense against criticism of the Ukrainian government. Gates will direct the collaborative government relations outreach plan. 503 "western governments" (entities not specified) Memo outlining key talking points by House; Senate (Both per Ukrainian politician, , itinerary) during Ohkendovsky's upcoming visit to the US Email containining government relations European government entities plan 506 PM memo titled "Observer Group US delegations to Ukraine Strategy Team" regarding dealing with election observers. PM has PJM/ in charge of overall strategy with over Europe and 517 508 1 of 17 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 104 of 577 Government Relations Activity: Paul Manafort Date(s) 6/18/2005 Proposed, Attempted, or Completed (P, A, C)* Company P - 6/23/2005 P ; DMP Sender(s)/Recipient(s Manafort's ) Participation Author/Last Saved From: Paul J. Manafort, Richard Davis To: From Political Activity Memo titled Basel Presentation , detailing a programatic strategy based upon a direct mandate provided by The three programs identified are political efforts, government lobbying, and legal efforts. Memo, with the subject line "Political, Lobbying and Legal Program for CIS", provides an update on the project's success within Ukraine and outlines a strategy for CIS countries Lobbied Entity US and European Governments (USG Entities: State Department; White House; National Security Council; Commerce Department; AID; World Bank) Exhibit 520 White House; Capitol Hill; US State Department 521 Author/Last Saved: 6/25/2005 P - - Author/Last Saved Memo to White House; National Security Council; Office of the VP; State Department; Energy Department; Commerce Department; Interior Department; Congress 522 8/10/2005 P - From: DM To: Author: Last Saved Memo National Security Council; State Department; Treasury Department; Commerce Department; 523 2 of 17 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 105 of 577 Government Relations Activity: Paul Manafort Date(s) 2/16/2010 Proposed, Attempted, or Completed (P, A, C)* Company P; C DMP 2/20/2010 P; C 4/9/2010 6/18/2010 Sender(s)/Recipient(s ) From: PJM To: VFY Manafort's Participation Author/Last Saved DMP From: Paul J. Manafort To: President Victor Yanukovich P DMP P; C DMP Political Activity Lobbied Entity Email identifying recipients who Main US Lobbyist received a financial bonus from Manafort, for VFY's consideration for an additional bonus from VFY. One recipient listed is "Main US Lobbyist". Exhibit 531 Author Memo defines a plan to manage the Diplomatic and Political strategy, public relations and Communities within the US international affairs for President Yanukovich. Manafort references previously managing a Government Relations program for VFY, that Manafort personally created and paid for. 532 From: PJM To: VFY From Memo to VFY regarding VFY's US Presidential Administration; US upcoming trip to the US, which includes Treasury; World Bank talking points for a meeting with 536 From: Paul J. Manafort To: President Victor Yanukovich From; Author/Last Saved Memo to VFY offering thanks for a US Department of Treasury, National 539 financial bonus VFY sent, providing Security Council updates on Manafort's meetings with USG entities re: IMF deal, and talking points for a future meeting between VFY and 3 of 17 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 106 of 577 Government Relations Activity: Paul Manafort Date(s) 3/2/2011 Proposed, Attempted, or Completed (P, A, C)* Company P DMP Sender(s)/Recipient(s Manafort's ) Participation From From: PJM To: Political Activity Email providing talking points for a scheduled call between VFY and Lobbied Entity White House Administration Exhibit 543 "Washington" - entities are not further specified 551 10/16/2011 C - From: K. Kilimnik To: , two (2) other recipients Author/Last Saved Memo from to VFY with a readout of meetings and phone calls Manafort has had regarding Tymoshenko. 3/13/2012 C DMP From: Konstanin Kilimnik To: Paul Manafort Last Saved: Konstantin Kilimnik Author Memo to VFY about contact with the National Security Council European and US government regarding Tymosheno 563 4/10/2012 P DMP From: Konstantin Kilimnik To: Paul Manafort To Kilimnik has a called scheduled with and SL has requested weekly updates regarding lobbying, PR, and GR activities. 567 4/11/2012 P DMP From: Paul Manafort From To: K. Kilimnik; Rick Gates Email chain discussing providing an update to BG re: and Skadden. PM provides guidance to include activities. 568 4 of 17 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 107 of 577 Government Relations Activity: Paul Manafort Date(s) 4/11/2012 Proposed, Attempted, or Completed (P, A, C)* Company P 9/15/2012 P DMP From: Paul Manafort From; Author/Last To: Rick Gates Saved Cc: Konstanin Kilimnik 9/24/2012 C DMP From: PJM To: VFY 10/14/2012 P DMP From: Paul Manafort From To: Cc: Konstantin Kilimnik; Rick Gates Sender(s)/Recipient(s Manafort's ) Participation From (Email) From: Konstantin Kilimnik (Email) To: Two (2) other Russian recipients ; DMP (Memo) From: PJM (Memo) To: VFY Author/Last saved: Rick Gates From; Author/Last Saved Political Activity Lobbied Entity Update on the public affairs and US Congressional members government relations strategy. There is a proposal for a US Congressional delegation to Ukraine. Exhibit 569 Memo from Manafort advising aggressive short term strategy plan titled Pre-Election Lobby Plan 589 Manafort provides VFY with a strategy update regarding Durbin resolution. White House; State Department; Manafort emails multiple attachments to Senate; House regarding Ukraine elections, advising draft an additional memo. One attachment contains talking points for US visit 594 597 5 of 17 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 108 of 577 Government Relations Activity: Paul Manafort Date(s) 2/19/2013 Proposed, Attempted, or Completed (P, A, C)* Company C DMP 2/21/2013 P 2/21/2013 Sender(s)/Recipient(s ) From: PJM To: President VFY Manafort's Participation From; Author/Last Saved DMP From: PJM To: President VFT From; Author/Last Saved PM memo to VY re Hapsburg Update to Administration officials; include plan to deploy to U.S. "By expanding the presence of the Hapsburg team to the US this year...leverage the team’s experience, expertise, and network of high profile EU and US officials behind the scenes as much as possible." 606 P DMP From: Stepanov To: Konstantin Kilimnik (Memo) From Manfort memo to VFY re: Engage Ukraine Stategy for 2013 607 3/21/2013 P DMP - Author/Last Saved Gates Agenda for 3/21/13; Discusses GR and PR in US 4/22/2013 C DMP From: PJM To: President VFY From; Last Saved Manfort memo re: Quarterly Report on US Consultants activity 4/25/2013 C DMP From: PJM To: From; Author/Last Saved Political Activity Memo to VFY regarding "actions taken by [the] US consultants team in support of Ukraine's priorities" Lobbied Entity Administration; Congress White House; Department of State; Congress ; White House; Senate; House; State Department Manfort sends an updated ledger of US Lobbying summary of accounts overdue and writes "I have paid out all of Hapsburg and all but one month of the US operations out of my pocket." Exhibit 605 613 616 617 6 of 17 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 109 of 577 Government Relations Activity: Paul Manafort Date(s) 2/24/2013 Proposed, Attempted, or Completed (P, A, C)* Company P; C DMP 2/26/2013 C DMP From: PJM To: From; Author/Last Saved Positive update on Portnov's US visit 692 3/2/2013 P; C DMP - Author/Last Saved Memo from Manafort with updates from previous visits and future meetings/taskings 693 3/16/2013 C DMP Fom: PJM To: From Memo on Prodi's visit discusses bilaterial meetings 694 3/23/2013 P DMP From: PJM To: Last Saved Memo on US Consultants weekly activities 695 4/7/2013 P DMP From: PJM To: From; Author/Last Saved Memo from Manafort re: Hapsburg update - April/May plan. "This phase centers around a high-level and intense private effort at back-channel diplomacy focused on senior U.S. and European officials." 696 4/21/2013 C DMP From: PJM To: From; Last Saved US Consultants Activity - Weekly Update Sender(s)/Recipient(s Manafort's ) Participation From; From: PJM To: Author/Last Saved Political Activity Email update on Kwasniewski and RP's visit/meeting agenda Lobbied Entity Congress; Administation officials; White House; Senate; House; State Department Exhibit 691 697 7 of 17 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 110 of 577 Government Relations Activity: Paul Manafort Date(s) 4/25/2013 Proposed, Attempted, or Completed (P, A, C)* Company P DMP 5/7/2013 P 6/9/2013 Sender(s)/Recipient(s Manafort's ) Participation Author/Last Saved Political Activity Outline from Manafort detailing GR outreach - - Last Saved Agenda for C - From: PJM To: SL Last Saved Summary report from Manafort on trip 706 6/17/2013 C DMP From: PJM To: SL Last Saved PM memo to SL stating "I have been financing operations by a personal loan…I have new obligations to Hapsburg and the US Consultants…The work is at a peak level of impact in the US… and with selected media." 707 7/10/2013 P DMP From: PJM To: From; Last Saved PM memo to SL details strategy is to Congress deploy the Hapsburg team to make calls to specific members of US Congress. Advises team's reluctancy to move forward until the contractual issues are resolved. Lobbied Entity Congressman w/ shale gas field interests DC visit Exhibit 699 700 708 8 of 17 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 111 of 577 Government Relations Activity: Paul Manafort Date(s) 10/9/2012 Proposed, Attempted, or Completed (P, A, C)* Company P DMP Sender(s)/Recipient(s Manafort's ) Participation From: Paul Manafort From To: Richard Gates 10/26/2012 P DMP From: Paul Manafort From To: 10/28/2012 C DMP From: To: Paul Manafort To Political Activity Lobbied Entity PM asks RG "I want to see a report from the US and Europe on what each PR firm is specifically doing on the pre-election GR plans/including work product…The report should highlight who is being briefed, importance of person, expectations, leave behinds. The more detail the better..." Exhibit 834 PM tells "The new goal is US Presidential Administration to leverage this all into a call to VY on Monday congratulating him on having a good election. State will oppose this but State is on one side now with endorsement of the anti Jewish coalition." PM outlines aspects of strategy and tells to coordinate with Rick Gates. 840 PM suggests talking points for US Presidential Administration to the campaign in order to encourage him to call President Yanukovych over Ukraine elections. confirms he reached out. "I just sent something to Chicago that will be going to ..." 841 9 of 17 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 112 of 577 Government Relations Activity: Paul Manafort Date(s) 5/17/2013 Proposed, Attempted, or Completed (P, A, C)* Company C 5/17/2013 C From: To: Paul Manafort 9/6/2013 P From: Paul Manafort From To: Sender(s)/Recipient(s Manafort's ) Participation To From: To: Paul Manafort To 12/29/2013 P DMP From: Paul Manafort From To: ; Rick Gates 6/27/2017 DMP Signatures: Paul Manafort; Richard Gates C Signed Registrant Political Activity Lobbied Entity provides PM a readout of US Presidential Administration Hapsburg Group member meetings with members of US Presidential Administration including , and discussions with them regarding Ukraine. Exhibit 852 provides PM readout of Members of Congress Hapsburg Group member meetings with members of Congress, and discussions regarding Ukraine. PM tasks and Gates to brief US Congressional members key members of Congress regarding Tymoshenko's appeal in Ukraine. "Rick you should use the channel to make certain that things are understood properly." 853 860 US Congressional members; US State 869 PM e-mails article re Euromaidan protestors and tells "This ought Department to be pushed hard, especially with NSD/FARA Registration - 928 10 of 17 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 113 of 577 Government Relations Activity: Paul Manafort Date(s) 9/9/2011 Proposed, Attempted, or Completed (P, A, C)* Company P ; DMP Sender(s)/Recipient(s Manafort's ) Participation To From: Political Activity Lobbied Entity Arranging a meeting for a Ukrainian delegation with senior-level Hill staffers and foreign policy scholars and editors Exhibit 1072 Referenced Email from discussing outreach unidentified "channels" to re: Senate resolution on Tymoshenko's release and writes "Paul works through his channels and is sending the same messages." 1172 Referenced Manafort received two calls from the Hill re: visit. 1275 To: Paul Manafort Cc: 9/19/2012 P (Email chain) Participants: Konstantin Kilimnik 3/13/2013 C 9/19/2012 C From: To: ; DMP (Email chain) Cc Participants: Paul Manafort; Rick Gates; Manafort directed urgent contact recommendations to Gates regarding Senate resolution on Tymoshenko Congress 1308 ; Konstantin Kilimnik; 11 of 17 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 114 of 577 Government Relations Activity: Paul Manafort Date(s) 2/23/2013 Proposed, Attempted, or Completed (P, A, C)* Company P DMP Sender(s)/Recipient(s Manafort's ) Participation (Email chain) Cc Participants: Political Activity Email coordinating meetings for Lobbied Entity White House; Congress Exhibit 1316 Gates provides priority meetings for visit House; Senate; Senate Foreign Relations Committee 1320 political meetings 1321 ; Rick Gates; Paul Manafort 2/27/2013 P DMP From: Rick Gates To: Cc Cc: ; Paul Manafort 2/27/2013 P DMP From: Friedman To: Paul Manafort; Konstantin Kilimnik To mentions emails updates from DC trip a; 2/28/2013 C DMP From: Rick Gates To: Paul Manafort Cc: To Gates provided talking point to re: meetings - 1322 3/1/2013 C DMP From: Rick Gates To: Cc Gates sends final meeting agenda for - 1324 To Gates provides positive updates on visit All scheduled meetings attended 1326 Cc: Paul Manafort 3/3/2013 C DMP From: Rick Gates To: Paul Manafort; 12 of 17 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 115 of 577 Government Relations Activity: Paul Manafort Date(s) 3/5/2013 Proposed, Attempted, or Completed (P, A, C)* Company P DMP; 3/15/2013 C 9/23/2012 P DMP DMP 12/6/2012 P Sender(s)/Recipient(s Manafort's ) Participation From: Rick Gates To: To Paul Manafort; Political Activity anticipated meeting schedule Lobbied Entity Exhibit 1327 - 1343 From: To: Paul Manafort Cc: Rick Gates; Konstantin Kilimnik To Sager sends memo summarizing trip to DC From: To circulates documents and an USA (entity not specified) agenda for H-Club meeting. The agenda includes topic of "International Activity", where "GC" and "USA" are listed. 1374 Cc Documents, including strategy plans, for SA report that have been edited by Manafort 1400 To: Paul Manafort; Rick Gates; ; DMP; (Email chain) ; DMP Participants: Gates; Kilimnik; Manafort 13 of 17 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 116 of 577 Government Relations Activity: Paul Manafort Proposed, Attempted, or Completed Sender(s)/Recipient(s Manafort's Date(s) (P, A, C)* Company ) Participation 12/14/2012 P ; DMP From: Referenced To: Rick Gates Political Activity Email titled "Government Relations Strategy - ECFMU) Lobbied Entity Exhibit 1448 Other primary targets are identified 1/16/2013 C 3/14/2013 P ; DMP (Memo) From From: Rick Gates To: Cc: From: Gates forwards a memo from Manafort to Yakunovich re: US Congressional Resolutions H. Res. 27 and H. Res. 28, describing work 1453 To Calendar update for meeting changes between Manafort and Congress 1482 To Memo to PM re: upcoming briefings, Q&A about ECFMU and a question about FARA. 1484 To: Rick Gates; Paul Manafort Cc: 3/18/2013 C DMP From: To: Paul Manafort 14 of 17 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 117 of 577 Government Relations Activity: Paul Manafort Date(s) 3/18/2013 Proposed, Attempted, or Completed (P, A, C)* Company P DMP; 3/19/2013 P 6/4/2013 P DMP; Sender(s)/Recipient(s Manafort's ) Participation From: Rick Gates To: Referenced Cc: From: Rick Gates To: Referenced Calendar Organizer: Political Activity Additional proposed DC meetings for Manafort Lobbied Entity Exhibit 1485 Read message confirmation for subject "Dinner/Manafort, 1488 Meeting scheduled 1505 Email chain originating from Manafort to Gates regarding recommendation for VY to call after the DNC. Manafort requests Gates vet recommendation with 1679 Attendees 8/27/2012 P DMP; (Email chain) From Participants: Paul Manafort; Rick Gates; 15 of 17 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 118 of 577 Government Relations Activity: Paul Manafort Proposed, Attempted, or Completed Date(s) (P, A, C)* Company 10/30/2012 P ; DMP Sender(s)/Recipient(s Manafort's ) Participation (Email chain) From Participants: Paul Manafort; Political Activity Gates forwards an email from Manafort to requesting a separate strategy for outreach. Lobbied Entity White House; Natonal Security Council Exhibit 1751 Rick Gates; 4/6/2013 P (Email chain) Participants: Proposed GR strategy plan by 1805 State Department; White House National Security Council 16 of 17 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 119 of 577 Government Relations Activity: Paul Manafort Date(s) 3/6/2012 Proposed, Attempted, or Completed (P, A, C)* Company P Sender(s)/Recipient(s Manafort's ) Participation rom: Rick Gates To: Cc: Political Activity Arranging meetings with the National Security Council for Prime Minister (PM) upcoming visit and identifying other persons of interest for the PM to meet. Lobbied Entity Exhibit 1935 17 of 17 Case Document 525-2 Filed 02/23/19 Page 120 of 577 EXHIBIT 442 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 121 of 577 Public Relations Activity 5/15/2011 Proposed Interview RE: Ukraine CNBC 1029 7/20/2011 Proposed Set up blogs Unspecified 1046 7/21/2011 Proposed Blog RE: Ukraine CXSSR 547 7/22/2011 Attempted Online Commentary RE: Ukraine Topix 1049 7/22/2011 Proposed Online Commentary RE: Ukraine National Review 1049 7/22/2011 Proposed Online Commentary RE: Ukraine Red State 1049 GOVERNMENT EXHIBIT 442 U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) Date 5/31/2007 Proposed, Attemped, or Completed Completed Company Lobbyist Political Activity Article RE: Yanukovych Manafort Media Entity Exhibit Involvement Wall Street 1018 Placed Article Journal Recipient 1 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 122 of 577 Public Relations Activity Date 8/15/2011 Proposed, Attemped, or Completed Proposed 8/24/2011 Attempted 8/24/2011 Completed Op-Ed of Yanukovych Wall Street Journal 1068 Recipient 9/6/2011 Proposed Op-Ed RE: Tymoschenko Wall Street Journal 1070 Author 9/11/2011 Attempted Interview of Wall Street Journal 1066 Author 9/11/2011 Proposed Interview of Wall Street Journal 1067 CC'd; Referenced Manafort Political Activity Media Entity Exhibit Involvement Op-Ed RE: rule of law / New York 1062 judicial reform in Times Ukraine Op-Ed RE: Ukraine Wall Street 1065 Journal 2 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 123 of 577 Public Relations Activity Date 9/18/2011 Proposed, Attemped, or Completed Proposed 9/18/2011 Proposed 9/18/2011 Proposed 9/20/2011 Proposed Outreach RE: EU relations and energy Op-Ed RE: Tymoschenko Outreach RE: Ukraine 9/21/2011 Attempted Article RE: Ukraine 10/12/2011 Attempted 10/19/2011 Proposed Company Lobbyist Political Activity Outreach RE: Ukraine Manafort Media Entity Exhibit Involvement Time Magazine 1073 Recipient Wall Street Journal Unspecified 1073 Recipient 1073 Recipient Wall Street Journal Wall Street Journal 1074 Approver Interview of Wall Street Journal 1075 Interview of Washington Times 1076 549 Recipient 3 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 124 of 577 Public Relations Activity Date 10/19/2011 Proposed, Attemped, or Completed Proposed 10/19/2011 Proposed Interview of Bloomberg BNA 1076 10/22/2011 Completed Outreach RE: Tymoschenko Wall Street Journal 1077 Recipient 12/17/2011 Proposed Interview of Bloomberg Television 1081 Recipient (intended) 12/23/2011 Completed Article RE: Ukraine Red State 1082 Recipient 1/5/2012 Proposed Interview of Wall Street Journal 1083 1/14/2012 Proposed Blog RE: Ukraine CXSSR 1084 Company Lobbyist Political Activity Interview of Manafort Media Entity Exhibit Involvement Foreign Policy 1076 Recipient 4 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 125 of 577 Public Relations Activity Date 2/3/2012 Proposed, Attemped, or Completed Proposed 3/12/2012 Proposed Interview of Bloomberg 610 3/13/2012 3/13/2012 3/13/2012 4/8/2012 Attempted Proposed Attempted Proposed Article RE: Ukraine Article RE: Ukraine Article RE: Ukraine Public Affairs Campaign in the US and Europe Daily Caller Red State Red State US media 1091 1091 1091 569 Author 4/11/2012 Proposed PR for Europe and US US media 570 Author 5/10/2012 Attempted Outreach RE: Ukraine New York Times 1616 Company Lobbyist Manafort Political Activity Media Entity Exhibit Involvement Interview RE: Ukraine Wall Street 1088 Recipient Journal in 5 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 126 of 577 Public Relations Activity Date 5/10/2012 Proposed, Attemped, or Completed Attempted 5/10/2012 Political Activity Outreach RE: Ukraine Manafort Media Entity Exhibit Involvement Washington 1616 Post Attempted Outreach RE: Ukraine Foreign Policy 1616 5/10/2012 Attempted Outreach RE: Ukraine NPR 1616 5/10/2012 Attempted Outreach RE: Ukraine Bloomberg 1616 5/10/2012 Attempted Outreach RE: Ukraine Reuters 1616 5/10/2012 Attempted Outreach RE: Ukraine Christian Science Monitor 1616 Company Lobbyist 6 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 127 of 577 Public Relations Activity Date 5/10/2012 Proposed, Attemped, or Completed Attempted 5/17/2012 Proposed Outreach RE: 5/19/2012 Attempted Interview RE: Ukraine Washington Times 578 5/28/2012 Completed Interview of Bloomberg 581 5/28/2012 Completed Article RE: Ukraine Washington Times 581 Company Lobbyist Political Activity Outreach RE: Ukraine Manafort Media Entity Exhibit Involvement Associated 1616 Press Washington Times 1099 7 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 128 of 577 Public Relations Activity Date 5/29/2012 Proposed, Attemped, or Completed Attempted 5/29/2012 Attempted Interview of 6/6/2012 Completed Outreach RE: Skadden CQ Roll Call Report 1645 6/20/2012 Completed Blog RE: Ukraine CXSSR 1103 6/26/2012 Proposed Outreach RE: NPR 1656 National Journal 1656 Company Lobbyist Political Activity Outreach RE: Manafort Media Entity Exhibit Involvement Washington 1100 Times Bloomberg Television 1100 Visit 6/26/2012 Proposed Outreach RE: Visit 6/26/2012 Proposed Outreach RE: Washinton Post 1656 Visit 8 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 129 of 577 Public Relations Activity Date 6/26/2012 Proposed, Attemped, or Completed Proposed 6/26/2012 Proposed Company Lobbyist Political Activity Outreach RE: Visit Manafort Media Entity Exhibit Involvement Wall Street 1656 Journal Outreach RE: Atlantic 1656 Visit 6/26/2012 Proposed Outreach RE: Foreign Policy 1656 Visit 6/26/2012 Proposed Outreach RE: New Republic 1656 Visit 7/11/2012 Proposed Op-Ed from Wall Street Journal 1107 7/11/2012 Proposed Op-Ed from Washington Times 1107 7/12/2012 Proposed Op-Ed from "US political 1110 and biz establishment" 9 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 130 of 577 Public Relations Activity Date 7/17/2012 Proposed, Attemped, or Completed Proposed 7/18/2012 Proposed Outreach RE: Skadden Foreign Policy 2062 Report 7/18/2012 Proposed Outreach RE: Skadden New York Report Times 2062 7/20/2012 Proposed Op-Ed from (seeking placement) 1114 7/29/2012 Proposed Op-Ed from Wall Street Journal 1123 7/30/2012 Proposed Op-Ed from Wall Street Journal 1124 Company Lobbyist Political Activity Interview of Manafort Media Entity Exhibit Involvement Bloomberg 1111 10 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 131 of 577 Public Relations Activity Date 7/30/2012 Proposed, Attemped, or Completed Proposed 7/30/2012 Proposed Interview of 7/30/2012 Completed Op-Ed from CQ Roll Call 1128 7/30/2012 Completed Op-Ed from CQ Roll Call 1130 7/30/2012 Proposed Interview of Bloomberg Television 1130 7/30/2012 Proposed Interview of Reuters 1130 Company Lobbyist Political Activity Op-Ed from Manafort Media Entity Exhibit Involvement Washington 1125 Post or CQ Roll Call Bloomberg 1126 Television 11 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 132 of 577 Public Relations Activity Date 7/31/2012 Proposed, Attemped, or Completed Completed 7/31/2012 Proposed Interview of Bloomberg Television 1131 7/31/2012 Proposed Interview of Reuters 1131 7/31/2012 Attempted Interview of Bloomberg Television 1132 CC'd 7/31/2012 Completed Interview of Reuters 1132 CC'd 7/31/2012 Completed Op-Ed from CQ Roll Call 1134 7/31/2012 Proposed Interview of Bloomberg Television 1136 Company Lobbyist Political Activity Op-Ed from Manafort Media Entity Exhibit Involvement CQ Roll Call 1131 12 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 133 of 577 Public Relations Activity Date 7/31/2012 Proposed, Attemped, or Completed Proposed 8/3/2012 Political Activity Interview of Manafort Media Entity Exhibit Involvement Reuters 1136 Proposed Interview of Bloomberg 1141 8/7/2012 Completed Interview with New York Times 1674 8/7/2012 Completed Interview with Wall Street Journal 1674 8/7/2012 Completed Interview with Foreign Policy 1674 8/7/2012 Completed Interview with Time Magazine 1674 8/7/2012 Completed Op-Ed of 8/7/2012 Completed Interview with Washington P t Bloomberg Company Lobbyist 1674 1674 13 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 134 of 577 Public Relations Activity Date 8/7/2012 Proposed, Attemped, or Completed Completed 8/7/2012 Political Activity Interview with Manafort Media Entity Exhibit Involvement Reuters 1674 Completed Op-Ed for CQ Roll Call 1674 8/30/2012 Proposed Interview with Wall Street Journal 1682 8/30/2012 Proposed Interview with New York Times 1682 8/30/2012 Proposed Interview with Washington Post 1682 Company Lobbyist 14 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 135 of 577 Public Relations Activity Date 9/11/2012 Proposed, Attemped, or Completed Proposed 9/22/2012 Attempted Interview of 9/26/2012 Proposed Outreach RE: Skadden Washington Report Post 1390 9/26/2012 Proposed Outreach RE: Skadden The Weekly Report Standard 1390 9/26/2012 Proposed Outreach RE: Skadden National Report Review 1390 9/29/2012 Completed Article RE: engagement CXSSR with 1181 10/2/2012 Proposed US Media Outreach RE: Skadden Report 515 Company Lobbyist Political Activity Interview with Manafort Media Entity Exhibit Involvement Bloomberg 1685 Wall Street Journal Bloomberg 590 CC Author 15 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 136 of 577 Public Relations Activity Date 10/2/2012 Proposed, Attemped, or Completed Completed 10/15/2012 Attempted Article RE: Ukraine Associated Press 519 Author 10/15/2012 Completed Op-Ed from Hapsburg Wall Street figure Journal 835 Editor 10/18/2012 Attempted Op-Ed by 1206 10/24/2012 Proposed Op-Ed from Hapsburg New York figure Times 837 Proposes Article 10/24/2012 Attempted Article RE: Ukraine and Clinton New York Post; Blogs 838 Placed Article 10/24/2012 Completed Outreach RE: Ukraine Diplomatic Courier 1433 Company Lobbyist Manafort Political Activity Media Entity Exhibit Involvement Outreach RE: Skadden New York 2102 Report Times Wall Street Journal 16 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 137 of 577 Public Relations Activity Date 10/24/2012 Proposed, Attemped, or Completed Completed 10/24/2012 Completed Outreach RE: Ukraine 10/24/2012 Completed Outreach RE: Ukraine Forbes 1433 10/25/2012 Proposed Outreach RE: Ukraine Washington Times 839 10/27/2012 Proposed Meeting RE: Ukraine Washington Times 598 11/20/2012 Proposed 11/20/2012 Proposed Outreach RE: visit Outreach RE: visit Wall Street 1439 Journal Foreign Policy 1439 Company Lobbyist Political Activity Outreach RE: Ukraine Manafort Media Entity Exhibit Involvement Christian 1433 Science Monitor National 1433 Journal Recipient 17 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 138 of 577 Public Relations Activity Date 11/20/2012 Proposed, Attemped, or Completed Proposed 11/26/2012 Attempted Op-Ed for 12/6/2012 Proposed Outreach RE: Skadden New York Report Times 1402 12/7/2012 Attempted Article RE: Ukraine Wall Street Journal 1245 12/8/2012 Proposed Conference RE: Ukraine Red State 1246 12/10/2012 Attempted Outreach RE: Skadden New York Report Times 1403 12/11/2012 Attempted Outreach RE: Skadden New York Report Times 1404 Company Lobbyist Political Activity Outreach RE: visit Manafort Media Entity Exhibit Involvement Bloomberg 1439 The Hill 1759 18 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 139 of 577 Public Relations Activity Date 12/11/2012 Proposed, Attemped, or Completed Completed 12/11/2012 Completed Outreach RE: Skadden New York Report Times 2109 12/11/2012 Completed Outreach RE: Skadden New York Report Times 2110 12/11/2012 Completed Outreach RE: Skadden New York Report Times 2111 12/11/2012 Completed Outreach RE: Skadden New York Report Times 2112 Company Lobbyist Manafort Political Activity Media Entity Exhibit Involvement Outreach RE: Skadden New York 2108 Report Times 19 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 140 of 577 Public Relations Activity Date 12/12/2012 Proposed, Attemped, or Completed Completed 12/12/2012 Completed 12/12/2012 Completed 12/13/2012 Proposed Outreach RE: Skadden New York Report Times 1398 12/14/2012 Proposed Outreach RE: Skadden Bloomberg Report 1772 Company Lobbyist Manafort Political Activity Media Entity Exhibit Involvement Outreach RE: Skadden New York 2116 Report Times Outreach RE: Skadden Report Outreach RE: Skadden Report New York Times New York Times 2117 2118 20 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 141 of 577 Public Relations Activity Date 12/14/2012 Proposed, Attemped, or Completed Proposed 12/14/2012 Proposed Op-Ed RE: Ukraine 2/20/2013 Proposed Article RE: Ukraine New York 1772 Times or Foreign Policy CXSSR 1312 2/21/2013 Completed Article RE: Ukraine CXSSR 1314 2/22/2013 Proposed Interview of Fox or CNN 1315 2/24/2013 Proposed Op-Ed from Unspecified 691 Company Lobbyist Political Activity Op-Ed RE: Skadden Report Manafort Media Entity Exhibit Involvement Wall Street 1772 Journal Recipient Author 21 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 142 of 577 Public Relations Activity Date 3/1/2013 Proposed, Attemped, or Completed Proposed 3/1/2013 Proposed Company Lobbyist Political Activity Op-Ed for Manafort Media Entity Exhibit Involvement The Hill 1323 Provides feedback Op-Ed for The Hill 1324 CC'd 22 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 143 of 577 Public Relations Activity Date 3/5/2013 Proposed, Attemped, or Completed Proposed 3/10/2013 3/12/2013 Proposed Attempted Op-Ed for Op-Ed RE: Ukraine 3/12/2013 3/14/2013 3/14/2013 Attempted Proposed Attempted Interview of Interview of Interview of 3/16/2013 Completed Interview of Bloomberg Television 3/16/2013 Completed Interview of Blooberg Print 694 Company Lobbyist Political Activity Interview of Manafort Media Entity Exhibit Involvement CXSSR 1329 1334 1274 Wall Street Journal Bloomberg 1478 Bloomberg 1333 Time Magazine 1339 694 Recipient Recipient Recipient; "Thanks for update" Author Author 23 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 144 of 577 Public Relations Activity Date 3/16/2013 Proposed, Attemped, or Completed Completed 3/19/2013 3/20/2013 Political Activity Interview of Manafort Media Entity Exhibit Involvement Time Magazine 694 Author Completed Article RE: Bloomberg 1344 Proposed Op-Ed for Politico, Roll Call, The Hill or National Journal 1798 Company Lobbyist 24 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 145 of 577 Public Relations Activity Date 3/20/2013 Proposed, Attemped, or Completed Proposed Company Lobbyist Political Activity Interview with Manafort Media Entity Exhibit Involvement Wall Street 1798 Journal 25 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 146 of 577 Public Relations Activity Date 3/20/2013 Proposed, Attemped, or Completed Proposed 3/20/2013 Proposed Outreach RE: visit Daily Caller, Red State 1798 3/20/2013 Completed Interview with The Hill 1798 3/20/2013 Completed Interview with Foreign Policy 1798 Company Lobbyist Political Activity Interview with Manafort Media Entity Exhibit Involvement Christian 1798 Science Monitor 26 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 147 of 577 Public Relations Activity Date 3/20/2013 Proposed, Attemped, or Completed Completed 3/20/2013 Completed Op-Ed for 3/26/2013 Attempted Op-Ed by 4/5/2013 Proposed Op-Ed from Ukraine Government Company Lobbyist Political Activity Interview with Manafort Media Entity Exhibit Involvement Time Magazine 1798 Christian Science Christian Science M it Washington 1798 1277 846 Author Post 4/9/2013 Attempted Op-Ed for Unspecified 4/19/2013 Proposed Interview RE: Ukraine Bloomberg 1808 615 27 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 148 of 577 Public Relations Activity Date 4/19/2013 Proposed, Attemped, or Completed Proposed 4/19/2013 Proposed Interview RE: Ukraine Wall Street Journal 615 4/19/2013 Completed Op-Ed for 1810 Company Lobbyist Manafort Political Activity Media Entity Exhibit Involvement Interview RE: Ukraine CNBC 615 The Hill 28 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 149 of 577 Public Relations Activity Date 4/19/2013 Proposed, Attemped, or Completed Completed 4/19/2013 Completed Outreach RE: Ukraine Washington Post 1810 4/19/2013 Completed Outreach RE: Ukraine Wall Street Journal 1810 Company Lobbyist Political Activity Op-Ed for Manafort Media Entity Exhibit Involvement Christian 1810 Science Monitor 29 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 150 of 577 Public Relations Activity Date 4/19/2013 Proposed, Attemped, or Completed Completed 4/19/2013 Political Activity Outreach RE: Ukraine Manafort Media Entity Exhibit Involvement New York 1810 Times Proposed Op-Ed for Unspecified 1810 4/19/2013 Proposed Outreach RE: Ukraine Energy Washington Post 1810 4/19/2013 Proposed Outreach RE: Ukraine Energy Wall Street Journal 1810 4/19/2013 Proposed Op-Ed by "retired US Navy Admiral" Unspecified 1810 Company Lobbyist 30 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 151 of 577 Public Relations Activity Date 4/22/2013 Proposed, Attemped, or Completed Completed 4/22/2013 Completed 4/22/2013 Completed 4/22/2013 4/22/2013 Company Lobbyist Political Activity Op-Ed from Manafort Media Entity Exhibit Involvement "a significant 616 Author publication in Washington DC" Op-Ed from Christian Science Monitor Messaging RE: Ukraine Washington Post 616 Author 616 Author Completed Messaging RE: Ukraine Wall Street Journal 616 Author Completed Messaging RE: Ukraine New York Times 616 Author 31 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 152 of 577 Public Relations Activity Date 4/22/2013 Proposed, Attemped, or Completed Completed 4/22/2013 Proposed Op-Ed from Influential newspaper 616 Author 4/22/2013 Proposed Op-Ed from a retired US Navy Admiral Unspecified 616 Author 4/25/2013 Proposed Op-Eds and Interviews Unspecified RE: Intellectual Property Rights 698 Author Company Lobbyist Manafort Political Activity Media Entity Exhibit Involvement Messaging RE: Ukraine Bloggers 616 Author 32 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 153 of 577 Public Relations Activity Date 4/25/2013 Proposed, Attemped, or Completed Completed 4/25/2013 Completed Company Lobbyist Manafort Political Activity Media Entity Exhibit Involvement Op-Eds from Hapsburg Unspecified 712 Author figures Set up blogs Unspecified 712 Author 33 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 154 of 577 Public Relations Activity Date 5/8/2013 Proposed, Attemped, or Completed Proposed 5/8/2013 Completed Company Lobbyist Political Activity Meeting RE: Energy Meeting RE: Energy Manafort Media Entity Exhibit Involvement Wall Street 700 (last saved) Journal Wall Street Journal 703 5/9/2013 Completed Interview of New York Times 704 5/10/2013 Attempted Interview of Ukraine Finance Minister New York Times 1819 5/16/2013 Proposed Article RE: Tymoschenko US media 851 Proposes Article 6/14/2013 Proposed Article RE: US Congressman and Ukraine US media 854 Proposes Article 34 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 155 of 577 Public Relations Activity Date 8/16/2013 Proposed, Attemped, or Completed Proposed 9/18/2013 Proposed Outreach RE: Ukraine CNN; NY Times 862 1/29/2014 Attempted Op-Ed by New York Times 1281 1/31/2014 Attempted Op-Ed by New York Times 1280 2/4/2014 Attempted Op-Ed by New York Times 1284 2/4/2014 Attempted Op-Ed by New York Times 1285 Company Lobbyist Political Activity Outreach RE: Ukraine Manafort Media Entity Exhibit Involvement US media 858 Proposes Article Proposes Articles Document incorporates some of PM's "Send back to RG and PM" "Still waiting for PJM approval" 35 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 156 of 577 Public Relations Activity Date 2/5/2014 Proposed, Attemped, or Completed Attempted 2/7/2014 Attempted Op-Ed by 2/18/2014 Attempted Op-Ed by New York Times 1289 2/20/2014 Completed Op-Ed by New York Times 1291 5/19/2018 Attempted Interview RE: Ukraine CXSSR 578 9/22/2018 Attempted Yanukovych Statement Unspecified RE: Resolution 591 Company Lobbyist Political Activity Op-Ed by Manafort Media Entity Exhibit Involvement New York 1287 Additional Times paragraph was "an attempt to include some New York 1288 Times Recipient Author 36 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 157 of 577 Public Relations Activity Date 9/23/2018 Proposed, Attemped, or Completed Proposed 12/15/2018 Proposed Interview of Bloomberg Television 1080 Recipient 12/15/2018 Proposed Interview RE: Ukraine Wall Street Journal 1080 Recipient 12/15/2018 Proposed Online Commentary RE: Ukraine Major DC Political Site 1080 Recipient 12/15/2018 Proposed Set up blog CXSSR 1080 Recipient 12/15/2018 Completed Article RE: Red State 1080 Recipient Company Lobbyist Political Activity Interview of Manafort Media Entity Exhibit Involvement Wall Street 592 Journal 37 of 38 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 158 of 577 Public Relations Activity Date 7/1/2007 8/31/2007 Proposed, Attemped, or Completed Proposed Company Lobbyist Political Activity Outreach RE: Ukraine Manafort Media Entity Exhibit Involvement New York 1019 Times 7/1/2007 8/31/2007 Proposed Outreach RE: Ukraine Wall Street Journal 1019 7/1/2007 8/31/2007 Proposed Outreach RE: Ukraine Washington Post 1019 7/1/2007 8/31/2007 Proposed Outreach RE: Ukraine Forbes 1019 7/1/2007 8/31/2007 Proposed Outreach RE: Ukraine Fortune 1019 7/1/2007 8/31/2007 Proposed Outreach RE: Ukraine Time Magazine 1019 7/1/2007 8/31/2007 Proposed Outreach RE: Ukraine CNN 1019 38 of 38 Case Document 525-2 Filed 02/23/19 Page 159 of 577 EXHIBIT 443 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 160 of 577 Outreach to Congressman Rohrabacher Date Event Pre Manafort/Weber/Rohrabacher Dinner Meeting 1/16/2013 Manafort memo to Yanukovych regarding US Congressional Resolutions - H.R. 27 and H.R. 28 Summary Exhibit "[w]e have reached out to 1453 . . We will brief his office and staff on the resolutions and ensure that they are not considered. 1/24/2013 Email chain between the Office of and Paul Manafort's office; Subject: RE: Meeting with 2/18/2013 Email from Gates to and Gates states to " Subject: Re: Deliverables and Staff ( need to discuss with you - need you to meet regardless of the scheduled dinner)." Gates writes to - "Paul wants to 1455 setup a dinner among you, he and . . ." office responds, cc Paul Manafort, " spoke to . . and he agreed to a dinner with Paul and 1784 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 443 1 of 7 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 161 of 577 Outreach to Congressman Rohrabacher Date 2/19/2013 Event Summary Exhibit Manafort memo to Yanukovych "The key subcommittee for Ukraine is 605 regarding US Gorvernment Update the House Foreign Affairs Subcommittee on Europe, Eurasia and Emerging Threats. The new is Congressman (a )." 2/25/2013 Email chain between Gates and the Adjusting to ; Subject: Re: for visit; Visit to US included. 2/28/2013 Email chain between Gates, ; Subject: Meeting 4/27/2013 Email chain between Gates and states "We have 1471 Subject: Re: Update circled back with Rep. office and the Congressman is unable to meet with before he departs. . ." schedule and 1469 and Gates discussing setting 1946 up meeting for with 2 of 7 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 162 of 577 Outreach to Congressman Rohrabacher Date 3/6/2013 Event Email chain between Gates, the ; Subject: Re: Visit Summary Gates coordinating 3/14/2013 Email chain between Manafort, Gates and Subject: FW: Manafort meetings on 19th rearranging schedule for 1482 Manafort's meetings in DC which included a meeting with Congressman 3/18/2013 memo to Manafort; Subject: Briefs for March 19 Meetings March 19 - 7:00pm dinner with Congressman , National Republican Club of Capitol Hill. 1484 3/18/2013 Email chain between Gates and Subject: Briefing Materials for Paul arranged meetings for Manafort to include Congressman 1485 3/19/2013 Calendar; Subject: Dinner / Manafort, & reservation under Dinner with Manafort, and at National Republican Club of Capitol Hill. 1486 visit. Exhibit 1477 3 of 7 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 163 of 577 Outreach to Congressman Rohrabacher Date Event Post Manafort/Rohrabacher/Weber Dinner 3/23/2013 Memo; Subject: US Consultants Activity – Weekly Update Summary Exhibit "The meeting with Cong 695 went well. He and I are building a plan to create a framework to promote positive interactions between the Govt of Ukraine and 4/5/2013 Email chain between Gates and Email to Gates that states " Subject: Re: EU Updates went out to: , . ." 4/19/2013 Email chain between Gates, the and Subject: Re: Report piece 1947 Gates states "Paul is meeting with the 1810 President on Monday of next week. We need to put together a quarterly report with all highlights. . . Include key progress made, all relevant meetings ( etc). 4 of 7 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 164 of 577 Outreach to Congressman Rohrabacher Date 4/21/2013 Event Summary Exhibit Manafort memo "Key members of the USG and their 697 Subject: US Consultants Activity - staff that were briefed directly include: Weekly Update . ." 4/25/2013 Email chain between Gates, the Subject: Update Gates states "We need to add meetings 1939 with , please take . ." 4/26/2013 Calendar; Subject: Call Rick Gates - two things see notes "Rick now wants us to check with to see if he would be available for meeting with on the 8th as well. . ." 1493 4/26/2013 Email chain between Gates, the Gates states "Go ahead and reach out to the offices for . ." 1811 Subject: Re: Schedule Update 5 of 7 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 165 of 577 Outreach to Congressman Rohrabacher Date 5/10/2013 Event Summary Exhibit Calendar; Subject: "Appears he met with Ukraine FM and 1498 Congressman he we asked for his thoughts after the asks if you could give him a call meeting, etc…" Friday 5/12/2013 Email chain between Gates and Subject: Re: Gates asks if "Did we have anyone 1499 covering the meeting with I cannot remember but have no notes from it." responds "I spoke to after his meeting. Will discuss." 5/14/2013 Manafort memo to PM Subject: Washington, DC Visits – "Meeting with Congressman 705 .. Actions. . . Visit two Congressional districts at the request of the members . . Build an agenda to invite and other to come to Ukraine in the next 6 months." 6 of 7 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 166 of 577 Outreach to Congressman Rohrabacher Date 5/21/2013 Event Email chain between Gates and Subject: Re: - Summary Exhibit Gates asks to set up meeting 1417 in DC for , President of the in Ukraine. Gates states "Ideally, we get him in with staff from ..." 6/7/2013 Email chain between Gates, Gates asks if wants to meet with and states “ is very important to Ukraine.” replies that would be very interested. 721 appointment to meet 1945 the Next 2/6/2014 and ; Subject: Re: visit Calendar; Subject: ECFMU Meeting with 7 of 7 Case Document 525-2 Filed 02/23/19 Page 167 of 577 EXHIBIT 444 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 168 of 577 Skadden Report Rollout Date 5/16/2012 Proposed, Attempted, or Completed (P, A, C)* Company P Political Activity Outreach Nature of Document E-mail 5/16/2012 P Outreach E-mail 5/18/2012 P Outreach Presentation US media 1351 6/1/2012 P Outreach Memo Associated Press - 1354; 2059 6/1/2012 P Outreach Memo Reuters - 1354; 2059 6/1/2012 P Outreach Memo 6/1/2012 P Outreach Memo Entity Contacted Exhibit 625 625 1354; 2059 Radio Free Europe - 1354; 2059 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 444 1 of 16 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 169 of 577 Skadden Report Rollout Date 6/1/2012 Proposed, Attempted, or Completed (P, A, C)* Company P Political Activity Outreach Nature of Document Memo 6/1/2012 P Outreach 6/1/2012 P 6/1/2012 P 6/1/2012; 7/2/2012; 11/26/2012 P 6/1/2012; 7/2/2012; 11/26/2012 P Entity Contacted National Journal - Exhibit 1354; 2059 Memo New York Times - Moscow Bureau 1354; 2059 Outreach Memo Washington Post (Moscow) - 1354; 2059 Outreach Memo Bloomberg (Moscow) - 1354; 2059 Gates Outreach Memo Director of Eastern and Strategic 1354; 2059; 1397 European Affairs at the NSC - Gates Outreach Memo 354; 2059; 1397 2 of 16 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 170 of 577 Skadden Report Rollout Proposed, Attempted, or Completed (P, A, C)* Company P Gates Political Activity Outreach Nature of Document Memo 6/1/2012; 7/2/2012; 11/26/2012 P Gates Outreach Memo 1354; 2059; 1397 6/1/2012; 7/2/2012; 11/26/2012 P Gates Outreach Memo 1354; 2059; 1397 6/1/2012; 7/2/2012; 11/26/2012 P Gates Outreach Memo 1354; 2059; 1397 6/1/2012; 7/2/2012; 11/26/2012 P Gates Outreach Memo 1354; 2059; 1397 6/1/2012; 7/2/2012; 11/26/2012 P Gates Outreach Memo 1354; 2059; 1397 6/1/2012; 7/2/2012; 11/26/2012 P Gates Outreach Memo 1354; 2059; 1397 Date 6/1/2012; 7/2/2012; 11/26/2012 Entity Contacted Exhibit 1354; 2059; 1397 3 of 16 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 171 of 577 Skadden Report Rollout Proposed, Attempted, or Completed (P, A, C)* Company P Gates Political Activity Outreach Nature of Document Memo 6/1/2012; 7/2/2012; 11/26/2012 P Gates Outreach Memo 1354; 2059; 1397 6/1/2012; 7/2/2012; 11/26/2012 P Gates Outreach Memo 1354; 2059; 1397 6/1/2012; 7/2/2012; 11/26/2012 6/1/2012; 7/2/2012; 11/26/2012 P Gates Outreach Memo 1354; 2059; 1397 P Gates Outreach Memo 1354; 2059; 1397 P Gates Outreach Memo 1354; 2059; 1397 Date 6/1/2012; 7/2/2012; 11/26/2012 6/1/2012; 7/2/2012; 11/26/2012 Entity Contacted Exhibit 1354; 2059; 1397 4 of 16 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 172 of 577 Skadden Report Rollout Proposed, Attempted, or Completed (P, A, C)* Company P Gates Political Activity Outreach Nature of Document Memo 6/1/2012; 7/2/2012; 11/26/2012 P Gates Outreach Memo 1354; 2059; 1397 6/1/2012; 7/2/2012; 11/26/2012 P Gates Outreach Memo 1354; 2059; 1397 6/1/2012; 7/2/2012; 11/26/2012 P Gates Outreach Memo 1354; 2059; 1397 Date 6/1/2012; 7/2/2012; 11/26/2012 Entity Contacted Exhibit 1354; 2059; 1397 5 of 16 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 173 of 577 Proposed, Attempted, or Completed (P, A, C)* Company P Gates 6/1/2012; 7/2/2012; 11/26/2012 P 6/1/2012; 7/2/2012; 11/26/2012 Skadden Report Rollout Political Activity Outreach Nature of Document Memo Entity Contacted Congressman Exhibit 1354; 2059; 1397 Gates Outreach Memo Congressman 1354; 2059; 1397 P Gates Outreach Memo Congressman 1354; 2059; 1397 6/1/2012; 7/2/2012; 11/26/2012 P Gates Outreach Memo Senator 1354; 2059; 1397 6/1/2012; 7/2/2012; 11/26/2012 P Gates Outreach Memo Senator 1354; 2059; 1397 6/1/2012; 7/2/2012; 11/26/2012 P Gates Outreach Memo Senator 1354; 2059; 1397 Date 6/1/2012; 7/2/2012; 11/26/2012 6 of 16 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 174 of 577 Proposed, Attempted, or Completed (P, A, C)* Company P Gates 6/1/2012; 7/2/2012; 11/26/2012 P 6/1/2012; 7/2/2012; 11/26/2012 6/1/2012; 7/2/2012; 11/26/2012 Date 6/1/2012; 7/2/2012; 11/26/2012 Skadden Report Rollout Political Activity Outreach Nature of Document Memo Entity Contacted Senator Exhibit 1354; 2059; 1397 Gates Outreach Memo Senator 1354; 2059; 1397 P Gates Outreach Memo Senator 1354; 2059; 1397 P Gates Outreach Memo Senator 1354; 2059; 1397 7 of 16 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 175 of 577 Skadden Report Rollout Proposed, Attempted, or Completed (P, A, C)* Company P Political Activity Outreach Nature of Document Memo 6/1/2012; 7/2/2012; 7/18/2012; 11/26/2012 P Outreach Memo 1354; 2059; 1397 7/2/2012 P Outreach Memo 2059 7/18/2012 P Briefing/General Outreach Strategy Memo US Media (5 outlets) 2062 7/27/2012; 7/28/2012; 8/27/2012 P Skadden Briefing/General Outreach Strategy Memo US Media 2065; 2066; 2074 Date 6/1/2012; 7/2/2012; 7/18/2012 Gates Entity Contacted New York Times - Exhibit 1354; 2059; 2062 8 of 16 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 176 of 577 Skadden Report Rollout Date 8/30/2012 Proposed, Attempted, or Completed (P, A, C)* Company P 8/30/2012 P 9/21/2012; 9/23/2012 P Skadden Outreach 9/22/2012 P 9/27/2012 Political Activity Briefing Nature of Document Entity Contacted Strategy Memo Exhibit 1365 Briefing Strategy Memo 1365 Strategy Memo 2094; 1374 Outreach Strategy Memo US media 830 P Outreach Strategy Memo Members of Senate and House 1726 10/2/2012 P Briefing Outline 515 10/2/2012 P Outreach Strategy Memo Eurasia Foundation 1387 10/2/2012 P Gates Briefing Strategy Outline Bloomberg News 1390 10/2/2012 P Gates Briefing Strategy Outline Bloomberg News - Heritage Foundation 1390 9 of 16 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 177 of 577 Date 10/3/2012 Proposed, Attempted, or Completed (P, A, C)* Company P 10/3/2012 Skadden Report Rollout Political Activity Outreach Nature of Document Entity Contacted Strategy Memo New York Times - Exhibit 1977 P Outreach Strategy Memo Bloomberg - 1977 10/3/2012 P Outreach Strategy Memo NPR - 1977 10/3/2012 P Outreach Strategy Memo National Journal - 1977 10/3/2012 P Outreach Strategy Memo 1977 10/3/2012 P Outreach Strategy Memo 1977 10/3/2012 P Outreach Strategy Memo 1977 10/3/2012 P Outreach Strategy Memo 1977 10/3/2012 P Outreach Strategy Memo 1977 10 of 16 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 178 of 577 Skadden Report Rollout Date 10/3/2012 Proposed, Attempted, or Completed (P, A, C)* Company P Political Activity Outreach Nature of Document Entity Contacted Strategy Memo 10/3/2012 P Outreach Strategy Memo 977 10/3/2012 P Outreach Strategy Memo 977 10/3/2012 P Outreach Strategy Memo 977 10/3/2012 P Outreach Strategy Memo 977 10/3/2012 P Outreach Strategy Memo 977 10/3/2012 P Outreach Strategy Memo 977 10/3/2012 P Outreach Strategy Memo 977 Exhibit 977 11 of 16 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 179 of 577 Date 11/26/2012 Proposed, Attempted, or Completed (P, A, C)* Company P Gates 11/26/2012 P 11/26/2012 Skadden Report Rollout Political Activity Briefing Nature of Document Entity Contacted Strategy Outline US Journalists Exhibit 1397 Gates Briefing Strategy Outline Bloomberg News 1397 P Gates Outreach Strategy Outline 397 11/26/2012 P Gates Outreach Strategy Outline 397 11/26/2012 P Gates Outreach Strategy Outline 397 11/26/2012 P Gates Outreach Strategy Outline 397 11/26/2012 P Gates Outreach Strategy Outline 397 12 of 16 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 180 of 577 Date 11/26/2012 Proposed, Attempted, or Completed (P, A, C)* Company P Gates 11/26/2012 P 11/26/2012 Skadden Report Rollout Political Activity Outreach Nature of Document Entity Contacted Strategy Outline Exhibit 1397 Gates Outreach Strategy Outline 1397 P Gates Outreach Strategy Outline Politico 1397 11/26/2012 P Gates Outreach Strategy Outline Breitbart 1397 11/26/2012 P Gates Outreach Strategy Outline Daily Caller 1397 11/26/2012 P Gates Outreach Strategy Outline Washington Times 1397 11/26/2012 P Gates Outreach Strategy Outline Townhall 1397 11/26/2012 P Gates Outreach Strategy Outline American Spectator 1397 11/26/2012 P Gates Outreach Strategy Outline United Liberty 1397 13 of 16 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 181 of 577 Date 11/26/2012 Proposed, Attempted, or Completed (P, A, C)* Company P 12/5/2012 C 12/5/2012 Skadden Report Rollout Political Activity Outreach Nature of Document Entity Contacted Strategy Outline Red State Exhibit 1397 Skadden Outreach Strategy Outline 1398 C Skadden Outreach Strategy Outline 1398 12/5/2012 C Skadden Outreach Strategy Outline 1398 12/5/2012 C Skadden Outreach Strategy Outline 1398 12/5/2012 C Skadden Outreach Strategy Outline 1398 14 of 16 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 182 of 577 Date 12/5/2012 Skadden Report Rollout Proposed, Attempted, or Completed Nature of (P, A, C)* Company Political Activity Document Entity Contacted C Skadden Outreach Strategy Outline Exhibit 1398 12/5/2012 C Skadden Outreach Strategy Outline 1398 12/5/2012 C Skadden Outreach Strategy Outline 1398 12/5/2012 C Skadden Outreach Strategy Outline 1398 12/5/2012 C Skadden Outreach Strategy Outline 1398 12/5/2012 C Skadden Outreach Strategy Outline 1398 12/5/2012 C Skadden Outreach Strategy Outline 1398 15 of 16 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 183 of 577 Date 12/5/2012 Skadden Report Rollout Proposed, Attempted, or Completed Nature of (P, A, C)* Company Political Activity Document Entity Contacted C Skadden Outreach Strategy Outline Exhibit 1398 12/5/2012 C Skadden Outreach Strategy Outline 1398 12/11/2012 P Outreach E-mail 1771 12/12/2012 C Briefing E-mail 2117 12/10/2012; 12/11/2012; 12/12/2012; 12/13/2012 12/5/2012; 12/6/2012 C Skadden Outreach; Briefing Phone Call; Email C Skadden Interview Strategy Outline 1403; 2108; 2109; 2110; 2111; 2112; 1251; 2116; 2119; 1405 1398; 1402 Skadden 16 of 16 Case Document 525-2 Filed 02/23/19 Page 184 of 577 EXHIBIT 448 Case Document 525-2 Filed 02/23/19 Page 185 of 577 Date(s) 5/25/2012 5/25/2012 5/30/2012 5/30/2012 Legislation Proposed, Company Political Attempted, or Activity Completed (P, A, - Meeting (Inhofe Resolution) Outreach (Inhofe Resolution) - Meeting (Inhofe Resolution) Outreach (Inhofe Resolution) Lobbied Entity Senate Congress Senate Senator Of?ce) Exhibit 1635 1636 1638 1639 10f21 Case Document 525-2 Filed 02/23/19 Page 186 of 577 Date(s) 5/30/2012 5/30/2012 7/17/2012 9/14/2012 Proposed, Attempted, or Completed (P, A, Company Gates Political Activity Outreach (Inhofe Resolution) Outreach (Inhofe Resolution) Outreach (Smith Resolution) Outreach (Durbin Resolution) Lobbied Entity Senate Senator Of?ce) US Congress Senator Of?ce) Exhibit 1640 1 644 1672 1691 20f21 Case Document 525-2 Filed 02/23/19 Page 187 of 577 Date(s) 9/14/2012 9/17/2012 9/17/2012 9/17/2012 Proposed, Attempted, or Completed (P, A, Company Political Activity Outreach (Durbin Resolution) Outreach (Durbin Resolution) Outreach (Inhofe Resolution) Outreach (Smith Resolution) Lobbied Entity US Senators on Senate Foreign Relations Committee Roll Call Republican House Leadership Congress Exhibit 1691 1169 1695 1695 3of21 Case Document 525-2 Filed 02/23/19 Page 188 of 577 Date(s) 9/17/2012 9/17/2012 9/17/2012 9/17/2012 Proposed, Attempted, or Completed (P, A, Company Political Activity Outreach (Durbin Resolution) Outreach (Durbin Resolution) Outreach (Durbin Resolution) Outreach (Durbin Resolution) Lobbied Entity enator - Senator Of?ce) enator - Senator Exhibit 1695 1695 1695 1695 4of21 Case Document 525-2 Filed 02/23/19 Page 189 of 577 Date(s) 9/17/2012 9/17/2012 9/17/2012 9/17/2012 Proposed, Attempted, or Completed (P, A, Company Political Activity Outreach (Durbin Resolution) Outreach (Smith Resolution) Outreach (Durbin Resolution) Outreach (Durbin Resolution) Lobbied Entity enator - oniressman Senate Foreign Relations Majority Staff Senator Of?ce) Exhibit 1695 1695 1697 1698 50f21 Case Document 525-2 Filed 02/23/19 Page 190 of 577 Date(s) 9/19/2012 9/19/2012 9/19/2012 9/19/2012 Proposed, Attempted, or Completed (P, A, Company Political Activity Outreach (Durbin Resolution) Outreach (Durbin Resolution) Outreach (Durbin Resolution) Outreach (Durbin Resolution) 1 Senator'- Lobbied Entity enator - Senator - Chief of Staff enator - Exhibit 1172 1173; 1175 1308 1308 60f21 Case Document 525-2 Filed 02/23/19 Page 191 of 577 Date(s) 9/19/2012 9/19/2012 9/19/2012 9/20/2012 Proposed, Attempted, or Completed (P, A, A Company - Gates Political Activity Outreach (Durbin Resolution) Outreach (Durbin Resolution) E-mail (Durbin Resolution) Outreach (Durbin Resolution) Lobbied Entity Senator - Senator State Department Senator Exhibit 1308; 1703 1702 1702 1708 7of21 Case Document 525-2 Filed 02/23/19 Page 192 of 577 Date(s) 9/20/2012 9/21/2012 9/22/2012 9/22/2012 Proposed, Attempted, or Completed (P, A, A Company Gates Political Activity Outreach (Durbin Resolution) Outreach (Durbin Resolution) Outreach (Durbin Resolution) Outreach (Durbin Resolution) Lobbied Entity Senator Senator Senator- Senator Exhibit 1706; 1709 1712; 1713; 1718; 1719; 1723 1719 1712 8of21 Case Document 525-2 Filed 02/23/19 Page 193 of 577 Date(s) 9/22/2012 10/3/2012 10/18/2012 10/18/2012 Proposed, Attempted, or Completed (P, A, Company Gates Political Activity Outreach (Durbin Resolution) Outreach (Durbin Resolution) Outreach (Durbin Resolution) Outreach (Durbin Resolution) Lobbied Entity Senator Senator enator - enator - Exhibit 1723 1732 1 744 1 744 90f21 Case Document 525-2 Filed 02/23/19 Page 194 of 577 Date(s) 10/18/2012 10/18/2012 10/18/2012 10/18/2012 Proposed, Attempted, or Completed (P, A, Company Political Activity Outreach (Durbin Resolution) Outreach (Durbin Resolution) Outreach (Durbin Resolution) Outreach (Durbin Resolution) Lobbied Entity Senator enator - enator - enator - Exhibit of21 Case Document 525-2 Filed 02/23/19 Page 195 of 577 Date(s) 10/18/2012 10/18/2012 10/18/2012 10/18/2012 Proposed, Attempted, or Completed (P, A, Company Political Activity Outreach (Durbin Resolution) Outreach (Durbin Resolution) Outreach (Durbin Resolution) Outreach (Durbin Resolution) Lobbied Entity Senator enator - enator - enator - Exhibit Case Document 525-2 Filed 02/23/19 Page 196 of 577 Date(s) 10/18/2012 10/18/2012 10/23/2012 10/23/2012 Proposed, Attempted, or Completed (P, A, Company Political Activity Outreach (Durbin Resolution) Outreach (Durbin Resolution) Outreach (Smith Resolution) Outreach (Smith Resolution) Lobbied Entity House Foreign Affairs Committee - Democratic Staff Members Senate Foreign Relations Committee - Democratic Staff House Foreign Affairs ommittee - All Members Senate Foreign Relations Committee - All Members Exhibit 1 744 1 744 11748 1748 12 onl Case Document 525-2 Filed 02/23/19 Page 197 of 577 Date(s) 10/23/2012 10/23/2012 10/23/2012 10/23/2012 Proposed, Attempted, or Completed (P, A, Company Political Activity Outreach (Smith Resolution) Outreach (Smith Resolution) Outreach (Smith Resolution) Outreach (Smith Resolution) Lobbied Entity Senate Leadership House Leadership Helsinki Commission Members - Congress Helsinki ommission Members - US Government Exhibit 1 749 1749 1749 1749 13 onl Case Document 525-2 Filed 02/23/19 Page 198 of 577 Date(s) 10/23/2012 10/23/2012 10/23/2012 10/23/2012 Proposed, Attempted, or Completed (P, A, Company Political Activity Outreach (Durbin Resolution) Outreach (Durbin Resolution) Outreach (Durbin Resolution) Outreach (Durbin Resolution) Lobbied Entity Senate Leadership House Leadership Helsinki Commission Members - Congress Helsinki ommission Members - US Government Exhibit 1 749 1749 1749 1749 14 of21 Case Document 525-2 Filed 02/23/19 Page 199 of 577 Date(s) 11/19/2012 11/19/2012 11/19/2012 11/19/2012 Proposed, Attempted, or Completed (P, A, Company Political Activity Outreach (Smith Resolution) Outreach (Smith Resolution) Outreach (Smith Resolution) Outreach (Smith Resolution) Lobbied Entity Con ressman House Foreign Affairs Committee Members Exhibit 1761; 1448 1761; 1448 1761; 1448 1761 15 of21 Case Document 525-2 Filed 02/23/19 Page 200 of 577 Date(s) 12/14/2012 12/14/2012 12/14/2012 1/16/2013 Proposed, Attempted, or Completed (P, A, Company Political Activity Outreach (Smith Resolution) Outreach (Durbin Resolution) Outreach (Durbin Resolution) Outreach (Kaptur Resolution) Lobbied Entity Coniressman Senatori- Senator - oniressman Exhibit 1448 1448 1448 1453 16 onl Case Document 525-2 Filed 02/23/19 Page 201 of 577 Date(s) 1/16/2013 2/13/2013 2/13/2013 2/13/2013 Proposed, Attempted, or Completed (P, A, Company Political Activity Outreach (Kaptur Resolution) Outreach (Kaptur Resolution) Outreach (Kaptur Resolution) Outreach (Kaptur Resolution) Lobbied Entity oniressman Con ressman - Staff Con ressman - Staff Senator- - Staff Exhibit 1453 1464 1464 1464 17 onl Case Document 525-2 Filed 02/23/19 Page 202 of 577 Date(s) 2/13/2013 6/18/2013; 8/5/2013 6/25/2013 6/25/2013 Proposed, Attempted, or Completed (P, A, Company Gates Political Activity Outreach (Kaptur Resolution) Meeting (Durbin Resolution) Outreach (Durbin Resolution) Meeting (Durbin Resolution) Lobbied Entity House Foreign Affairs Committee - Staff 1 Senator-1 Senator Senator - Exhibit 1464 1831; 1841 1835 1836; 624; 720 18 of21 Case Document 525-2 Filed 02/23/19 Page 203 of 577 Date(s) 6/25/2013 6/26/2013 7/10/2013 7/11/2013 Proposed, Attempted, or Completed (P, A, Company - I - Gates Political Activity Meeting (Durbin Resolution) Outreach (Durbin Resolution) Outreach (Durbin Resolution) Outreach (Durbin Resolution) Lobbied Entity State Department I Senator- Congress Senator Exhibit 1836; 624 1514 708 1838; 1839 19 of21 Case Document 525-2 Filed 02/23/19 Page 204 of 577 Date(s) 7/25/2013 9/25/2013 9/30/2013 10/8/2013 Proposed, Attempted, or Completed (P, A, Company Gates Political Activity Outreach (Durbin Resolution) Outreach (Durbin Resolution) Meeting (Durbin Resolution) Meeting (Engel Resolution) Lobbied Entity Senator Congress Senator - Con ressman - Staff Exhibit 1840 1852 1853 1856 20 of21 Case Document 525-2 Filed 02/23/19 Page 205 of 577 Date(s) 11/20/2013 2/18/2014 Proposed, Attempted, or Completed (P, A, Company Political Activity Outreach (Durbin Resolution) 1 Outreach (Menendez Resolution) Lobbied Entity Con ressional 1 Senator- - Staff Exhibit 1531 1545; 1546 21 onl Case Document 525-2 Filed 02/23/19 Page 206 of 577 EXHIBIT 449 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 207 of 577 Date 9/14/2012 9/17/2012 9/17/2012 Legislation: Resolution Person/Company(ies) Summary of Contact Exhibit Involved Gates Gates to : "Has anyone talked with 1691 [ at the Committee?" employee writes "[W]e need to find members opposed to moving the resolution through the express lane - and being hot-lined… A colleague of mine has been reaching into the committee to get intel." to "With all due respect you too often 1167 question our requests by double-checking with Paul. You know I take of Yulia's case for bull-shit but I'm not sure the Bug [sic] Guy shares my view. Let's be frank, if Paul could stop resolution on his own we wouldn't have asked you to do something like this." : "The Big Guy has given an instruction" to get reporting that Tymoshenko's alleged involvement in a murder be in "any paper that is read on the Hill…It can be the Roll Bell…It must influence the future of Resolution…" response to "very bad idea." 1169 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 449 1 of 6 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 208 of 577 Date 9/17/2012 9/17/2012 9/19/2012 9/19/2012 Person/Company(ies) Summary of Contact Involved ; Gates Gates to : "Paul is meeting with President at 800am US time this morning. I need anything we have as updates regarding any resolution against including House/Senate schedules... I need [ to cover and …to ask for the measure to [sic] carried over to the next meeting." Gates adds "We need to cover this base and think about lining up several who will put a hold on the measure." employee e-mails , and Gates about discussion with : "I didn't have the opportunity to bring up the report as frankly I thought it too would be viewed as another stall tactic." employee forwards e-mail from on re the resolution. to "Would it be possible to reach out to and ask him to make an early morning call to " regarding the noted "Paul works through his channels and is sending the same messages." to and " already spoke with Exhibit 1695 1697; 169 1172 1173; 117 2 of 6 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 209 of 577 Date 9/19/2012 9/19/2012 9/19/2012 9/19/2012 Person/Company(ies) Summary of Contact Exhibit Involved Manafort; Gates Manafort e-mails Gates and regarding talking points to share 1308 with re Tymoshenko case. Gates to and Manfort: "Message was delivered to and he is now aware." to Manafort: "[ is delighted to speak to [sic] and try to calm things down." Friedman adds: " ALSO happy to speak to and ask hm [sic] to delay or tone down or stop the resolution". Gates Manafort; Gates ; Gates Gates to "Please call office and pass along the notes below verbally. Let me know when you make contact." to Gates: "Left this message on his vmail asked him to call me back." 1703 Manafort to Gates: "Is calling Gates to Manafort: "He was supposed to talk with yesterday but I have not heard back. Trying to reach him. I will brief him on the other items and see if he can call as well." 1308 employee to Gates: "Rick, Just heard again from office that and intend to move the resolution. does not advise this but will NOT block it." to Gates: "Plan is and was find a senator who will put hold on it... Seeing ." adds: " ] has signed off on resolution." 1702 3 of 6 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 210 of 577 Date 9/20/2012 Person/Company(ies) Summary of Contact Involved Gates employee to Gates: " ] has a call into - don't think they have connected, yet." 9/20/2012 9/20/2012 9/21/2012 9/22/2012 ; Gates Gates : "We just got off the phone with Rick, who asked taht I check with you re: possible conversation with He was wondering if you had anything worth sharing/reporting. Mentioned diaspora in Next steps: reaching out to again." replies: "Have call into Exhibit 1706 1709 Gates e-mails with subject line "United Coal": " 1708 Here is the document on United Coal. Please get to The United operations are very big in and represent many jobs (I know not Ukrainian) but the investor is and he is making significant investments into the operations." asks "Do they have a pac. Have they done ?" staff discusses outreach to between 9/21 - 9/22. employee writes: "[ released the hold. told me: 'That's why he called your boss back. was going to make us object on the floor and was taking it really personally, so we let it go.'" to Gates, employees: "Spoke with 10 times tonight[.] Keep strong." 1712 1719 4 of 6 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 211 of 577 Date 9/22/2012 9/22/2012 Person/Company(ies) Summary of Contact Involved Gates employees dicuss call with Rick Gates: "Nothing really discussed except that Rick will prepare alternative language in case we can't kill and are being asked what is acceptable to them." Gates 9/22/2012 Exhibit 1717 Gates to former "Here is an OpEd from two days ago written by 1713 and former You may want to pass it along to Sen. ." In reference to op-ed, replies to "Not sure [] would have swayed making an enemy out of ; Gates employee to Gates: "Rick. [ resolution] just 1714 passed." 9/22/2012 Gates Gates to and "Any update on to Gates and " would not go to war with over this at last minute without a full understanding of facts and history." 1718 5 of 6 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 212 of 577 Date 9/24/2012 9/25/2013 Person/Company(ies) Summary of Contact Exhibit Involved ; Gates Gates to : "Despite the outcome I want to thank 1724 you again for your assistance last week in attempting to defeat the resolution... On a separate issue, I have the to coming down to DC for the day tomorrow [and] would like to setup two or three meetings for him." Gates suggests " and "any of the ." Gates Regarding another Resolution in 2013, employee 1852 states: "Rick wants us and team to find key fundraisers in Congressional districts where there a lot [sic] of Americans to press the Members to come out against and oppose legislation calling for her release. His argument is that if you support her you are forcing into the hands of the 6 of 6 Case Document 525-2 Filed 02/23/19 Page 213 of 577 EXHIBIT 504 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 214 of 577 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 504 Case Document 525-2 Filed 02/23/19 Page 215 of 577 II _ormer Euro can troubleshootcr.-minister to supervisor of the - see links below} and respected man for all seasons in Europe. Friend of 'ill select someone from France but precisely who will be determined by who does not become a part ofthe l-[ollande Administration I not that the Government is being organized. Although his appoit ould prevent from any formal activity. ill meet him june 29th and will discuss with him the 'oining a more formal Advisory Panel in 2013. He is confident that this is very likely and believes that some informal and covert interaction is possible in 2012. 4. Structure and Fees Led by former Chancellor the other former leaders from ould act as an informal. independent group in 2012 and would form or associate with an existing NGO in 2?13. The creation of this entity in 2013 would publicly be connected to the informal work that they did in 2012. The informal and ultimately formal project will be managed by Chancellor- in co-ordination with me. The budget for the 6 months of 2012 would be This would include travel expenses, administrative overheard. and retainer fees to all of the key individuals, speakers fees to VIPs who will appear at the conferences and election observer fees. The budget for conferences will be created based on the purpose and logistics of the events. It is anticipated that we would do at least 2-3 such conferences in 2012 to promote the objectives ofintegration and election recognition. [t is anticipated that a typical budget for a conference will be in the range of 5. Next Steps Chancellorl_is speaking with former President-3n Sunday at the Euro 2012 football game in Warsaw. They will agree on their plan ofaction. Upon approval of the project by Ukraine, they will commence work this week. This work will result in the outreach to the of?cials listed above and others. Once the group is organised, the speci?cs ofa work plan will be created by the Chancellor and us. ACTION: Approve and fund project by [uly 1. 0.7.4249.399394.docx bo-iseoaodsoms Case Document 525-2 Filed 02/23/19 Page 216 of 577 EXHIBIT 505 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 217 of 577 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 505 Case Document 525-2 Filed 02/23/19 Page 218 of 577 Management of tl_1e Electing Process Poll The explanation ofwhy the PDR is going to win and how we are managing the campaign process is very important to communicate. It is important that we maintain a frequent brie?ng schedule with the key embassies and opinion-makers [like AMCHAM, European Business Association, Kyiv of?ces of OSCE, World Bank. IMF, EBRD etc) on the election process. Each of the target audiences should be briefed at least twice a month. Because these briefings need to be personal in nature to be effective, it is important that the person briefing be a part of the campaign leadership. Such people arel ?l?he campaign should organize who of the 3 is best to briefwhat embassy or NGO or organization. Once the assignments are made, they should remain for the entire campaign. There are 3 important components to these briefings. First is the strength of our organization. By regularly demonstrating the growth of our local organizations. we must show how we are the only real political party and why we are confident that this organization can deliver the vote if among disillusioned former voters. Without giving away secrets, we can and must ?ex our organizational advantages to these audiences. Semnd is the rationale for why we are going to win. Again, without giving away campaign secrets, we must demonstrate a con?dence in our winning the election. Through the use of public and private polls, we can demonstrate in a clear and convincing way how we expect to win control of the next VR. While some may not believe we are correct. the more that they hear it in private conversations, the more it will blunt some of the absurd rhetoric being promoted by the opposition. Third is to use these meetings to raise our concerns about opposition abuses and violations. Additionally, through these regular, private brie?ngs we will hear complaints or concerns from the Embassies. Where possible, we should commit to addressing the complaints. Then we should follow through with correcting the mistakes where they are more mistakes ofomission than commission. There will be some issues, like access to media. that we should prepare statistics to refute at the appropriate time. (Io-ordination with the International Observer Groups - MFA The Observer groups are a unique organizations. They need to be managed on a formal basis and occasionally on an informal basis. 0.7.4249. 39951 {ldocx DOJSCO-400604581 Case Document 525-2 Filed 02/23/19 Page 219 of 577 The formal basis focuses on the invitations; registration and management ofthe observers. This role should be done by the MFA. In many respects, the MFA is already interacting with the key organizations. We need to expand the interaction to being some subtle lobbying in addition to the formal registration roles. One person should be assigned to deal regularly with OSCE, ODIHR, PAGE and other key election groups. The agenda should be disguised as informative and administrative. But. in addition to these functions, we should be communicating important information demonstrating the fairness and transparency of the process. Where there are issues which are raised, the MFA should send them to the appropriate place to be answered or fixed. Being competent and engaged will overcome many minor issues which. if left alone, might combine to create impressions that often are not true. International Community In addition to the audiences in Ukraine, it is important that we deal with the target countries in their capitals. The Brussels NGO that we have formed and their consultants are already engaged in the process. As briefing materials are created for the domestic brie?ngs they need to be transmitted to the international community for use. Issues to Prepare for Brie?ngs The political brie?ngs by the should he prepared to include a number of topics in addition to the organizational advantages and reasons to expect victory. The briefers must be prepared to deal with issues such as the following: i. access to media equal for all parties show proof ii. harassment ofof?cials prepare cases of opposition activity dif?culty to vote/pressure on voters or system iv. denying all parties equal access code of conduct to govern behavior of organisation in the VR Election process The EEG and MFA should be prepared to brief on issues such as vi. implementation of the law without prejudice vii. organization fairly creation ofPECs, DECs ix. processing and approval of candidacy applications it. protection of ballot 0.7.4249.399510.d0cx DOJSCO-400604582 Case Document 525-2 Filed 02/23/19 Page 220 of 577 Conclusion These roles and schedule should be organized immediately. This master program must be organized and implemented by July 15. A command and control center should be set up to manage all of these pieces in a coherent way. Regular meetings of the key briefers for all groups should occur weekly to compare notes, identify issues and organize follow-up. 0.7.4249.399510.docx DOJSCO-4DUGO4583 Case Document 525-2 Filed 02/23/19 Page 221 of 577 EXHIBIT 569 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 222 of 577 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 569 Case Document 525-2 Filed 02/23/19 Page 223 of 577 MEMORANDUM To: VFY From: PJM Subject: AC Project - Update Date: April 8, 2012 This document provides an update on the public affairs activity that has occurred since the inception of the project a few weeks ago. It is my intention to provide you with a weekly update moving forward. The structure of the team has been finalized and the firms have already begun work in Europe and the US. We are usin to cover Europe (Brussels, London, Paris and Berlin) and the US {Washington DC and New York) I The firms have begun both political and media audits in Europe and the US I Two key and time sensitive projects are underway 1. VR Commission Report Interviews and roundtables throughout Europe over the next two weeks 2. CPC public affairs campaign underway for releasing critical information on this reform. Press release going out as soon as legislation is passed evidencing that it is in line with European standards I Other projects being worked on include a US congressional delegation to Ukraine in May, Euro 2012 media strategy for Ukraine, and work for the elections in October (international observers) I Digital and Social Media Campaign this is underway with content being developed to reach more key audiences. New and enhanced websites are being developed as part of the campaign. I Strategic Plans the consultants are finalizing their strategic plans for the next 6- months. This accounts for key decision makers global media campaign. I Also, we now have in place daily news monitoring in all major cities in Europe and the US I Kick-off meetings have taken place in Europe and the US the last week of March 0.713940. 131930?.msg DOJSCO-400239691 Case Document 525-2 Filed 02/23/19 Page 224 of 577 EXHIBIT 695 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 225 of 577 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 695 Case Document 525-2 Filed 02/23/19 Page 226 of 577 MEM El HAND LIM Tn: - Front: FLIM Ephject: U5 Consultants Attivilaf- Weekly Update Date: March 13. 1013 There ere a nurnoer of ketr events this week. rnost notatll'l.I the delegation trauellingto Witt. eFf-orls in the last week have Tot-45ers on nurnlser of themes that have played wetl in the U5 and in Emope. IMF Meetings Our consultants were able to gather important rntelligente From the IMF and the U5 EEte Department. which is working in coordination with the F. The meetings were initiated on the part of the IMF. with the hope that another stand-lag arrangement could be negotiated. - Most importantly. the IMF Is going rnto the meetings next week under no illusiop that the ?ng going to red-Lite the to nsumer gas tariFfs. Frorn the IMF perspective it Is still an open issue will be raIsed in th as content. I The meetings are primarilI.-I follow-up to their late February visit during whiw th e1; were somewhat entourage-'3" loll: those distussior?s about what Ukraine 'Is willihg to do re: etonornit reform. - hlekt week's visit is to determine what spee??'t steps Ukraine Is willing to take to- feath another *Stahdtelr #:greernent" with the IMF- options are on the table and it is n'rea ntto he a dialogue on how to rea-ph tonsensus if possible. I Among tther items. the IMF argues that gas prita need to he ?more realistic? [given how he E?i'ihf' subsidised they currently.r are?. It is an important part of wh st thJaine needs to no end it will oe ra-ised again in the discussions. Llloaine also devalue its :urrent'g,r anol this will he rsisetl as well. . Eortp rn-l'une is the IMF hopes tn: see rFthe {?214 is serious about making some long-term etonoroit reforms - their content is sh at the previous two egreer'nenE were stspen :led peca use of a ?tack of follow?thr-o ugh' on the Uklainian's parL This meeting was important For several reasons and it tame at s- tructal h'rne. My sou rtes in the USE tell the that the Ir'neetingr was construed as posit-lee. and progress has been made in Ukraine but there is more work to do. I The reforms on :Lditial reform have been noted and this is an area where the USE has made progress. the U3 is not pteesed :ir'1 their View] with the issue of selectit-EJusti-te in regards to entl I However. was tlearth st in set ding _to till-hr. the US- war?: to engage Ukraine. I She tlearlw stated that the LIE opposa sanctions with Ukraine. and that the only.I wait.I to metre relations forward [5 to engage the Egg. I [me of the primaw purposes of the meetjhg with was to pat-e the watr for an of?cial meeting with _sn1:l? This as a positive de'ueloorr-ent. Case Document 525-2 Filed 02/23/19 Page 227 of 577 I In addition. did a good job of framing the importance of EU integration, which the US full-l.I supporl: end wilt promote through 'rts resources- The meeting with Ca ng_went wela. He and are bu-lcling a p'lan to tteate a Framework to promote positwe interactions between the @2153 of Ult?line and Co rig-s minded on Llit-raine. He is. prepared to visit Lil?l' to garn more understanding. He is opposed to sanctions and saicl he would not let the? er-tertam any proposed legislation regarding sanctions for Ultraine. tea?Lean with? _s willing to open doors the and to assist in the development of broader knowledge of what Is he er-in . that the psor'nisezl Funding bl.- the @3155 of Ukraine for the W5 Memorial In Washington DC wouid tie a big deal to the Qisggora, News Articles This sweet we directed the efforts of a number of p?psitwe news artides that appeared in several prominent publications and in the digital media space- These articles were done in tandem with efforts we have been focusing on to- ernphasise the positure progress Ukraine has made on setreral Ite-,l issues. Below is the title ofthe article and which media outlets puolis hed the stories. The links to the full article's are a'uso below for reference. "international Fin-once Eorpomtion Making Ukraine Hetterfor Businesses, Says ?Mouton-rm?? M'prci'r 22nd Eton.I on the positive meeting between and the PFC's EECI in this week. Maior Publications: Street Journal. Reuters. Boston E-lot-e. San Francisco Ehronicte. ant.I 'fehoo News. kraine-Foetter? Fo "Ultra-ine- [imposition Surprisa Supporters by Denouncing Gay Marriage? - March 13"" Etor'fo-n demeanlng statemenE opposition leeoer Ass eni1.r 'fatse ntlrult. regarding horn osesualittr. Maior Publications: Etreet Journal. Eloomoerg, Boston Globe, and Business Journa}. nce.boston-co-m ibosto ninewsiread? 33'253 Barutlaine opposition surprises supports rs tn.- denouncung eat.- marriage ?Europe-on Praise For ?ies-?5 integration E?prL-t While Ukroii't'e Uppositr'pn Earns?! Rebuke? - March 15?? Stow on Commissioner for EU Enlargement Stefan ?mgfg plenait'l.I session speech in Strasbourg Case Document 525-2 Filed 02/23/19 Page 228 of 577 supparting LlltI?sine?s qua: fer EU integrat't-dn. Maj-3r Publications: Renters, Street lcluinal. MSH Mane-lg the Business Journal and Ellc-bm berg. 201303 NEWS enlJ 13"5 PutlI-l and Ukraine arm in arm on nuclear and EU lntegm?en?? March Stew tc-llc-wing the meeting between and US at State Wen d1; Sherman highlighting successes at the meeting. Maj-3r Publicaticlns: Ecr-agIe News star-(lI glut-ally}, Tahbb News glut-ally) "Ukraine Stands with Israel an Nuclear Crisis?? March 15"" Stem highiighting the nbsitive relationship between Ukraine and Israel! - article was published an the ewe bf President IEllbarna arriving for his trip to Israel. Publicaticlne: En-agle News glbball'l.I within 7? minutes at release]; WSJ, WP. and Reuters- Case Document 525-2 Filed 02/23/19 Page 229 of 577 EXHIBIT 833 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 230 of 577 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 833 Case Document 525-2 Filed 02/23/19 Page 231 of 577 EYES ONLY To: VFY From: PJM Re: Meeting in we with? Date: September 28,122 Last night I met with .or 2 hours to review both the contents of the Skadden Report and the report to -hat he will make on Oct 2. In this memo, I summarize our conversation and present some ideas based on the conversation. Summary: of Meeting 1. Skoddeu Discussion 1 presented the key ?ndings of the Skadden Report and focused on 2 points. The first is that the Report states clearly that from a legal has not made the case against the President ofselective prosecution and in fact her conviction was based on the factual record created in the trial. Second, I indicated that most of the Due Process violations that she claims are rejected by the Skadden Report, and even the one issue where Skadden finds some merit [the 3 day period when Tymo was without counsel while witnesses testi?ed), the root ofthe problem was caused by Tymo's behavior that would be found unacceptable in a Western Court. 'eemed satis?ed with the analysis and conclusions. He thought that the report would be a good foundation for the Report he was preparing which focused more on the political and humanitarian aspects ofthe situation. to allow he and 0 continue workin on the matter until the end He felt that ould agree and thei?v EReport Discussion aid his rep?gi ii? be a neutral report. He also said that he would ask- ould approve. The contents ofhis interim report are divided into 3 sections. Humanitarian This section deals with the medical treatment and conditions on imprisonment. The ?ndings in this report are neutral to positive. The access to medical treatment. access to doctors and outsiders are all positively presented. Legal This part of the report focuses on the changes Ukraine has made to westernize its legal framework. especially the new CPC and the work on the Law of Prosecutors. The Report will indicate much has been done but more. needs to be done and that the EP should assist Ukraine in this transition from a Soviet style oflaw to a western rule oflaw society. Case Document 525-2 Filed 02/23/19 Page 232 of 577 Selective This is the more political aspect of the Report and Prosecution the one that is still in flux. The Report will say that Ukraine is making some progress but there is still more to be accomplished. The Ivaneschen ko matter will be positively referred to but the question of arbitrariness ofthe police will be highlighted Next Steps After we discussed the 2 reports-said that from his standpoint the critical timeframe is the period from Oct 28 to Nov 19. He stated several times that if there was going to be a solution this is when it must occur. He highlighted this timeframe based ofhis understanding that when the new CPC comes into effect, almost 50% of people in prison today [and not tried yet] will be released pending resolution oftheir cases. His point was thatthis is the period when V?i? should provide a pardon to Tymo that frees her but doesn't remove the conviction, thereby prohibiting her to run for political office. i made the argument that she would never accept such a pardon and that Europe would not see it as a solution. He disagreed. He said he felt that he and-and others could prevail on _.?vho has her own issues and wants to get Ukraine When I asked what pre-conditions could be put in place. he was vague. It was clear to me that, at this mint, this is his idea and that he does not have authority to negotiate from?r others yet. I made it clear that the Tymo trial was not based on fear of her political standing and that in fact she was at 15% when the matter started and in the latest polls she is still at 15%. i also pointed out that every time makes a concession to Europe they ?move the goal posts" and ask for more. I made the point my personal view. if?v'Y is going to make a humanitarian gesture that supersedes the conviction, there must be a "greater good for Ukraine". meaning a breakthrough on the matters under consideration with Europe. We dealtwith these points for a while-said that he believed a part ofthe solution could be the implementation ofthe visa policy, rescheduling the summit and prioritizing a number of bilateral issues. To. this approach and this timeframe offered a road back to Europe on a timetable that would enhance his Presidential re-election prospects. He was anxious to pursue the opportunity and we agreed to be in communication after his report is released next week. He expects to be back in Ukraine in about 2 weeks. Conclusions .vants to help. Case Document 525-2 Filed 02/23/19 Page 233 of 577 He believes that there is a path to a solution and based on what VY said to him, he believes that VY wants his help to ?nd the solution. He Wants to meet with Andrej},r Portnov. based on statement that Pol?ntov can help .figure out the legal part ofthe pardon. Beyond that he is looking fora sign from that he should put his prestige into forcing EU leaders to seek a solution based on a TYMO pardon but no political participation. in the meantime, he agreed to help me sell the Skadden Report to the EU leadership. I asked him to stress the fact that the Skadden Report presents a legal analysis and that this analysis should be given weight. Furthermore, I indicated that ifthe. Europeans embraced the Findings it would make his ?political? task more doable in that the mark against would be removed. He agreed to help. Case Document 525-2 Filed 02/23/19 Page 234 of 577 EXHIBIT 852 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 235 of 577 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 852 Case Document 525-2 Filed 02/23/19 Page 236 of 577 EYES 0N LY For: From: Subiect: ?on May 16?? 1. Our friend .iccompanied his Prime Minister during [hel? meeting on May 16th. as well as at the of?cial luncheon. The twin?message from our friend to the U.S. officials he spoke with was "Don't Let the Russians Steal Ukraine From the West Cause it has Geopolitical and Strategic Value, and Don't Let One Legal Case Prevent Ukraine From Deeper European integration." 2. Although protocol prevented the subject from being inserted inside the more Formal discussion at the leased and called "very successful? his conversations on with ith Senators and Congressmen [names to come] and with who he sat next to at lunch. 3. "We had very good meetings Witt?1nd discussed many issues." said .who added that "during the lunch had a long talk about with the and i made the points about not allowing this Tymoshenko case to damage the very valuable strategic and geopolitical offrom getting ll closer to Europe than to Russia. took detailed notes ofwhat was telling him. and seemed to agree with me on this." 4. had a very good talk with-3nd we discussed how valuable is for our regional security, and how wrong it would be to try and isolate this because oi'one issue. and -said to me absolutely agree. You are right." And we talked about what could be achieved through "enga ement rather than isolation" and again he told me he fully agreed.? 5. Since has rushing, but will be in NY today (Friday) we agreed to speak again today. so happy to go over more details with him. Case Document 525-2 Filed 02/23/19 Page 237 of 577 EXHIBIT 910 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 238 of 577 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 910 Page 1 of 83 Case Document 525-2 Filed 02/23/19 Page 239 of 577 amorandum DEtc:as:InimELPuI'nR: Manafort, Stone Kelly, 149-139*16 Public Affairs Company Registration No. 3600 12/3/86 Section 5 Inspection During the months of Julyl August and September, 1986- 5 inspection of the Black Manafort and Stone registrations c; ?if pursuant to the Foreign Agents Registration Act of 1938, as amended (hereinafter referred to as FARR or the Act). These inspections included four registrations; Black, Manafort and Stone, Inc. (#3415), Black, Manafort, Stone Kelly Public Affairs Company (#3600), Paul J. Manafort (#3594), and Black, Manafort, Stone Atwater, Inc. (#3710). This inspection report concerns itself with Black, Manafort, Stone Kelly Public Affairs Company (#3600) (hereinafter referred to as The inspection was conducted in order to verify that adequatemdisclosure has been made by the registrant 'pursuant to the disclosure requirements of PARA. L/c Page 2 of 83 0742491510900 DOJsco-402205320 Case Document 525-2 Filed 02/23/19 Page 240 of 577 art-y 2 is a public relations company which provides general public affairs and legislative counsel to its clients. initially registered under present time it remains an active registration. list indicates the various has been regiStered and is 1) The News Corporation, Ltd. Government_of the Bahamas Government Government Government Republic Government UNITA Government Chamber of of Barbados of St. Lucia of the Dominican of Peru of Nigeria Philippine Manufacturers, Exporters and Tourism Association 10) Institute for Financial and (1142491510900 Fiscal Studies of Curacao currently registered: Registered June 14, 1984 April 9, 1985 vMay 6, 1985 May 6, 1985 May 6, 1985 September 16, 1935 October 16, 1985 October 30, 1985 November 25, 1985 April 18, 1986 INSPECTION Page 3 of 83 FARA on June 14, 1984 and at the The following foreign principals for which Terminated May 30, 1985 2) Active May 13, 1985 December 18, 1985 July 3, 1986 June 30, 1986 Active Active February 24, 1986 Active DOJSCO-402205321 Case Document 525-2 Filed 02/23/19 Page 241 of 577 JMW The inspection consisted of a review of the correspondence, office memoranda and financial records of the registrant and it encompassed the period of June 14, 1984 to the present. A review of the material reVealed several deficiencies which must be amended, as well as many questions, some of which were resolved in the meetings of September 9, 1986 and September 12, 1986 between the inSpection team AUSTRALIA NEWS CORPORATION LIMITED ?trom Charlie Black. proposed that the registrant would provide a plan and make arrangements for meetings and activities in washington which would bring the foreign principal into contact with leaders of the Congress and the executive branch on a 0.7.4249.1510900 private basis, in order to increase their knowledge of-nd his organization. This activity was not mentioned on the letter of agreement dated June 1, 1984 which was filed With the Exhibit B, nor was this activity reported on the supplemental statements for the periods ending December 14, 1984 and June 14, 1985. The following correspondence to from Charles Black, Roger Stone and indicates that the registrant planned for meetings and activities in Washington, D.C. which would bring the foreign principal into contact with U.S. Government officials, Page 4 of 83 DOJSCO-402205322 Case Document 525-2 Filed 02/23/19 Page 242 letter dated July 2, 1984 to from Charlie Black, _(to schedule the meetings the}r weren't able to do on June 28). A memorandum dated May 23, 1984 to? from Charlie Black and Roger Stone stated "Suggested Washington Opinion Leaders for you to meet in social setting" ?Suggested Reporters for you to meet in a social setting"? Page 5 of 83 0.7.4249.1510900 DOJSCO-402205323 Case Dogument 525-2 Filed 02/23/19 Page 243 of 577 A memorandum dated December 3, 1984 to Charlie Black and - _from ROger Stone regarding status of -ssignments stated '_will visit Washington January 18, 19, 20, 21 and 22, 1984. we should attempt to set up meetings as follows: 4- A memorandum dated March 11," 1985 to ?from Charlie Black,? Roger Stone and regarding update on communications issues stated 9We are very anxious to get a day of your time . .1 . . to schedule more meetings with leaders in Washington. Page 6 of 83 0.7.4249.1510900 DOJSCO-402205324 Case Document 525-2 Filed 02/23/19 Page 244 of 577 6 -A memorandum dated April 15, 1985 to? from Charlie Black, Roger Stone and ?regarding update on communications legislative activity stated "We are also anxious to get a date on your schedule to arrange another round of meetings in Washington.? If the registrant did arrange for the foreign principal to meet with U.S. Government officials, and if they accompanied the foreign principal to the meetings whichithey arranged, the response to Item 12? of the supplemental statements for the periods ending December 14, 1984 and June 14, 1985 should be amended to report such activity. (We A were advised during our meeting on September 30, 1986 with? that only ?ve meetings With v.5. Government officials actually took place. The registrant's participatiOn in the meetings involved only introductions. explained that the proposed meetings with the foreign principal did not take place because Rupert Murdock was very hard to contact.) BAHAMAS l? A memorandum dated August 8, 1985 to -from Roger Stone and regarding Managing Information for PositiVe Press Stories stated "Our involvement will be to collect, assimilate and make useable materials that the Government of the Bahamas provides to the "right" press individuals.? If provided materials to press individuals, its response to Items 11 and/or 12 of the June 14, 1986 supplemental statement should be amended to report this activity. Page 7 of 83 0.7.4249.1510900 DOJSCO-402205325 0.7.4249.1510900 Case Document 525-2 Filed 02/23/19 Page 245 of 577 2? A memorandum dated October 4, 1985 to ?from Roger Stone and regarding Press Strategy for the Commonwealth Conference_0ctober 16-22, 1985 stated ?Structure a press interview schedule for the ?and Bahamian officials . . . Conduct informal meetings with press to explain key Bahamian issues.? If conducted meetings with the press to explain key Bahamian issues, its response to Item ll of the December 14, 1985 supplemental statement should be amended to report this activity. ?indicated during our 9/30f86 meeting that did not conduct informal meetings with the press.) 3? If prepared or disseminated the press release dated November 13, 1985 entitled "Narcotics Control in the Americas?, regarding November 20?22, 1985 First International Drug Symposium hosted by the CommonWealth of the Bahamas in Nassau, its re5ponse to Item 11 and/or Item 12 of the December 14, 1985 supplemental statement {should be amended to report this activity. Dissemination reportts) should also be filed, if appropriate. 4- A memorandum dated November 19, 1985 to -from P. Manafort and? regarding U.S. Press Coverage of the First International Drug Symposium (ll/20?22, 1985) indicated instituted a media plan involving.the production of a press package and the dissemination of this material to selected U.S. media. If produced and disseminated the press package, its response to Item 11 of the December 14, 1985 supplemental statement should be Page 8 of 83 DOJSCO-402205326 Case Document 525-2 Filed 02/23/19 Page 246 of 577 amended to report this activity. Dissemination reportIs) should also 1.. filed: if appropriate. ?inaicatea during our 9/30/86 meeting that was involved in this activity.) 5- A memorandum?dated December 30, 1985 from? to ?r'egarding Public Relations Strategy stated will work with the government of the -Bahamas to prepare and disseminate information concerning the BahamaSwHaiti Repatriation Treaty. Our plan-is to alert the U.S. press and U.S. government to the Bahamian position and plan of action . . . . We will prepare two separate information packets: one for the U.S. press and one for the U.S. government . . . . materials to be disseminated to the press from a central contact point in the Bahamian government and that the government packets be dietributed by? If prepared and/or disseminated this information, its response to Item 11 and/or 12 of the June 14, 1986 supplemental statement should be amended to report this activity. Dissemination reportts) should also be filed, if appropriate. 6" A memorandum dated January ?27, 1986 to? regarding Public Relations Strategy Bahamas Haitian Repatriation stated "Black. Manafort, Stone and Kelly would work with BIS [Bahamas Information Service] to prepare the press release and press kits . . . we would work with BIS to invite and recruit the Bahamian and Floridawbased journalists . . . . to continue to relay the Bahamian perspective to the U.S. public we would work with BIS to identify and screen media teams for visits to the Bahamas." If prepared the; Page 9 of 83 0142491510900 DOJsco-402205327 Case Document 525-2 Filed 02/23/19 Page 247 of 577 9 press release and press kits and identified and screened media teams for visits to the Bahamas, its response to Item ll of the June 14, 1986 supplemental statement should be amended to report such activities. 7?indicated during our meeting On September 30, 1986 that did not engage in this activity, BIS did.) 7.. A memomdum dated February 13, 1986 to? from? regarding Public Relations Strategy - Bahamas?Haitian Repatriation stated "We are presently working with ?to ensure the'Bahamian' position is ?understood on the Aerostat Balloon. In this regard, we are drafting a statement to be entered in the Congressional~Record of the February 6 Hearing of the House Subcommittee on Government Information Justice and Agriculture, which has legislative jurisdiction over the Aerostat Balloon . . . . . We are also working with to prepare a statement for the Caribbean Basin Initiative Oversight Hearing this month." If drafted these statements, its response to Item 12 of the June 14, 1986 ,supplemental statement should be amended to report these activities.? ?indicated during our September 30, 1986 meeting that did not draft statements to be entered in the Congressional Record.) A memorandum dated February 13, 1986 to? from regarding Public Relations Strategy, Bahamas~Haitian Repatriation stated "Last month with the help of - ?we arranged for Channel 7 of Miami, an NBC affiliate, to Page 10 of 83 0.7.4249.1510900 DOJSCO-402205328 Case Document 525-2 Filed 02/23/19 Page 248 of 577 visit the Bahamas. We understand the trip was a most productive one. The news Special will be aired in March . . . a national network news program called plans to visit Haiti within the next few weeks. We have discussed with them the possibility of detouring to the Bahamas . . If approved, Black, manafort Stone 5: Kelly would work with ?to toraft the documentary?. If arranged for Channel 7 of Miami to visit the Bahamas and arranged for _to craft a deocumentary concerning the Bahamas, its reSponse to Item 11 of the ne 14, 1986 supplemental statement should be amended to report these ?on September _30, 1986 that Channel 7 inquiries were referred to- ast?documentary happened.) i 9- A memorandum-dated. February 21, "1986 to from ?regarding'Activity Update - Legislative strategy targeted at the key subcommittees With oversight of Bahamian programs stated "We drafted a statement to be entered into the Congressional Records of the House Government Operations Subcommittee on Information that explains the )Bahamian position on the second aerostat. We plan to meet with members of the committee next month and provide them with additional ?_st atistica.l information which emphasizes the value of a second and third aerostat . . . . We are presently working with? will define the-BahamasI position and the need to allow compromise depending upon the internal realities of each beneficiary nation . . . :If drafted these statements and provided the members of_ Page 11 of 83 0.7.4249.1510900 DOJSCO-402205329 Case Document 525-2 Filed 02/23/19 Page 249 of 577 .11 . thevcommittee with information, its response to Item 12 of the June 14, 1986 supplemental statement should be amended to report these activities. 10-? A memorandum dated March 3, 1986 to -from P. Manafort,- regarding Bahamas~Haitian Repatriation Treaty stated ?Black, Manafort, Stone Kelly_is presently working with the Ministry of National Security Affairs to craft a statement? for_local TV and radio. The statement mill explain the GOVernment's legal rights and obligations to enforce the Treaty . . . . Proseeding the announcement, Black, Manafort, Stone Kelly mill schedule carefully screened U.S. media teams to visit the Bahamas. We will amag far the 0.3. journalists ta with bath? TV and radio, scheduled U.S. media teams to visit the Bahamas and meet with Bahamian Government officials, its response to Item 11 of the June 14, 1986 supplemental statement should be amended to report these activities. ?indicated during our September 30, 1986 meeting that Bahamas Information Office engaged in this activity.) A memorandum dated March 3,1986 to- from P. Manafort, - .. . . . that needs, efforts and accomplishments of the?do not go unnoticed with the U.S. Government . . . . One tactic we have begun to employ is submitting official policy statements into the U.S. Congressional Record as with the aerostat balloonOur Page 12 of 83 0.7.4249.1510900 DOJSCO-402205330 Case Document 525-2 Filed 02/23/19 Page 250 of 577 first step will be to enter the position of the Bahamas into the 'Congressional Records of the CBI hearings of the House Ways and Means Oversight Subcommittee." If submitted official policY statements into the Congressional Record, its response to Item 12 of the June 14, 1986 supplemental statement should be amended to report this activity; 12* A memorandum dated March 19, 1986 to ?from Paul Man'afort and?stated . . . . Weare currently securing approval from the Times to prepare a piece for the commentary section of the paper. 'The piece will detail the efforts of the Bahamas in narcotics interdictions and and emphasize the cooperative activity between the U.S. and the Bahamas. . . . Black, Manafort, Stone 5; Kelly worked with?to draft the letter {letter to If eesepe prepared the piece for the commentary section of the-and drafted? letter to. the 1986 supplemental statement should be amended to report these activities. 13- A memorandum dated March 24, 1986 to- from P. Manafort and regarding visit April 14-16, 1986 stated "To prompt such a declaration, [declaration of the Bahamas as North American Territory for the purpose of convention tax deductibility] we would Page 13 of 83 0.7.4249.1510900 DOJSCO-402205331 Case Document 525-2 Filed'02/23/19 Page 251 of 577 Wu 1 13 - were arranged, the registrant's response to Item 12 of the June 14, 1986 supplemental statement should be amended to report such activity. 14- A memorandum dated March 24, 1986 to -from Manafort and - regarding Haitian Repatriation stated ?V'This document was sent to pertinent U.S. Government officials in both the Executive and Legislative branches to brief them on the Bahamian position. Specific U. . Customs, State Department, Department of Immigration, and the White House. Enclosure:t "Illegal Immigrants in the Bahamas". If the registrant disseminated this document, its response to Item 12 of the June-14, 1986 Supplemental statement shOuld be amended to report such activity and a dissemination report should be filed. 15? A memorandum dated March 27, 1986 to P. Manafort from? regarding recent activity in the Bahamas account stated . ..- ?to Washington.? If arranged for - to invite? to Washington, its response to Item 12 of the June 14, 1986 supplemental statement should be amended to report this activity. 16- A memorandum dated April 9, 1986 to P. Manafort from - -regarding Talking Points for call to Bahamas stated-"Black, Manafort, Stone Kelly has arranged a special congressional hearing Page 14 of 83 0.7.4249.1510900 DOJSCO-402205332 Case Dgcument525-2 Filed 02/23/19 Page 252 provide the Bahamas with the opportunity to demonstrate its interest in continuing and improving joint U.S./Bahamian drug interdiction programs." (Although activities mentioned in notations ?15 and 16 above are not specifically reported in Items 11 and 12 of the June 14, 1986 supplemental statement, these activities appear to . ?in Item 12.) If engaged in activities to arrange the congressional hearing, its response to Item 12 of the June 14, 1986 supplemental statement should be amended to report such activities. 17? A letter dated April ll, 1986 to? possibility of getting the ?more_ involved with the, joint U.S.fBahamian drug interdiction program, encloses background piece, 'and legislative update regarding funding for the aerostat balloon program. (A letter dated April 29, 1986 was reported being sent to however, this contact does not appear to have been reported.) If contacted ?by letter dated April ll, 1986, its response to Item 12 of the June 14, 1986 supplemental statement should be amended to report this activity. 18- A memorandum dated May 19, 1986 to Paul from- regarding Status of Aerostat Legislation stated . . In preparation for your meeting with? this evening, you should be aware of the status of the potential legislative vehicles for the aerostat." If this meeting took place, the registrant's response to Item 12 of 4 Page 15 of 83 0.7.4249.1510900 DOJSCO-402205333 Case Document 525-2 Filed 02/23/19 Page 253 of 577 - 15 - the June 14, 1986 supplemental statement should be amended to report this activity. 19- "Dear Colleague" letter dated June 6, 1986 from ?attached a draft letter to House and Senate Appropriations and Armed Services Committees (Chairmen and ranking minority members on each). If the registrant drafted this letter, the registrant's response to Item 12 of th June 14, 1986 supplemental statement should be amended to report such activity. 20-? A memorandum dated June 11, 1986 to-from regarding National Security Directive stated "We plan to travel to the Bahamas the second week in July to discuss with you and your Administration the status of our Washington initiatives. During this same time period, we will be acCompanied by the key Congressional staffers who are overseeing the Bahamas' proqrams in the Congress." -regarding Visit to Nassau stated "Black, Manafort, Stone 5. Kelly will be accompanied by congressional delegation comprised of key House and Senate staff members who oversee Bahamas Programs in Congress Page 16 of 83 0.7.4249.1510900 DOJSCO-402205334 Case Document 525-2 Filed 02/23/19 Page 254 of 577 -16.. If the registrant arranged for the trip of these key House and Senate staff members, its response to Item 12 of the June 14, 1986 supplemental statement should be amendetho report such activity. 22- In the supplemental statement for the period ending June 14, 1986 and the dissemination report filed on June 11, 1986, it was reported ?that on June 10, 1986 the registrant sent a typed statement regarding compromise on drug interdiction air wing, and three newspaperarticles regarding drug trafficking and drug interdiction to four public 7 officials. The registrant should amend its response to Item 12 of the supplemental statement to disclose the names and titles of the public Officials who were sent the above referenced materials. BARBADOS adequately disclosed the activities it engaged in on behalf of the Government of Barbados. No amendments are required to be filed for this foreign principal. CURACAO must provide this Unit with an explanation as to why- 7 -id not file a timely short form registration statement. Page 17 of 83 0.7.4249.1510900 DOJSCO-402205335 Case Document 525-2 Filed 02/23/19 Page 255 of 577 1 7 The supplemental statement for the period ending June 14, 19867 shows _orking directly on behalf of the foreign principal on April 10, 1986 however, a short form registration .statement was not filed until July 29, 1986. 2~ A April 18, 1986 note stating is a draft of theg prepoSed committee report language in connection with the branch profitstax, ?as we discussed. I am simultaneously giving this to- for any comments or suggestions they may have. . must disclose in item 12 its role in the committee report language regarding no treaty override for branch profits tax in its supplemental statement for the period ending June 14, 1986. 3- April 24, 1986 letters from _with attachments must report this on its supplemental statement for the period ending June 14, 1986. Furthermore. rather than a Section 4(a) label, this material should have had a Section 4(b) label and dissemination reports should have been filed with this Unit along with two copies of the material if it was disseminated. staff fro? stated [elnclosed is the material concerning the Treaty Override Provisions of the Senate Finance Committee Bill and the interests of our client. . This contact should be reported Page 18 of 83 0.7.4249.1510900 DOJSCO-402205336 Case Document 525-2 Filed 02/23/19. Page 256 of 577 4'"th ?9 14,. in supplemental statement for the period ending June 14, 1986. DOMINICAN REPUBLIC l? The following correspondence between the registrant and the foreign principal indicates that the registrant's services to the foreign principal may have included the drafting of letters to be sent to U.S. Government officials by the foreign principal, and also the drafting of letters for Government officials to send to other U.S. Government officials concerning matters of interest to the foreign principal. from?regarding the draft of a letter to ?concerning the Dominican sugar proposal. A letter dated?September 17, 1985 to ?expressing support for retaining 18% loan levels.) to) A letter dated October 22, 1985 to? have enclosed for your review a suggested draft letter which Page '19 of 83 0.7.4249.1510900 DOJSCO-402205337 Case Document 525-2 Filed 02/23/19 Page 257 of 577 - 19 . possessions tax credit (IRC Sec. 936) urging the committee. to give consideration-to adoption of a complimentary proposal that would allow presently idle funds on deposit in Puerto Rico financial institutions to be loaned for new winvestment and trade related purposes in the Caribbean region. d) an undated (possibly October 31, 1985} draft letter to extended an invitation to visit the Dominican Republic in the fall of 1985 or early 1986. e) Dear Colleague letter dated October 15, 1985; regarding sugar quota allocations. f) Undated draft letter to Mr. Chairman.and Mr. Secretary from the Ambassadors of Caribbean countries to the U.S. concerning tax policy question of Sec. 936 of'the U.S. Internal Revenue Code. The registrant should amend its response to Item ll andfor 12 of the supplemental statement for the period ending December 14, 1935 to report that they assisted the Government of the Dominican Republic in Page 20 of 83 0.7.4249.1510900 DOJSCO-402205338 Case Document 525-2 Filed 02/23/19 Page 258 of 577 al, 20 - . its efforts to obtain additional foreign aid assistance by drafting letters to be sent to U.S. Government officials by the foreign principal, and by drafting letters for U.S. Government officials to send to other 0.8. Government officials. 2~ The following correspondence between the registrant and the foreign principal indicates that the registrant's services to the foreign principal included the following contact with a U. S. Government official which does not appear to have been reported. 37, A letter dated September 17, 1985 to? with? concerned about the amendment on sugar that will be offered by this U. S. Government official, its response to Item 12 of the supplemental statement for the period ending December 14, 1985 should be amended to report the contact with?on September 17, 1985. 1 must disclose their role in the October 23, 1985 letter to? . Page 21 of 83 0.7.42491510900 Case Document 525-2 Filed 02/23/19 Page 259 of 577 _21_ This should be disclosed in item 12 of the supplemental statement for the period ending December?ldr 1985. 2 An October 29, 1985 memorandum to ??does not have a short?form registration statement on file in the (#3600) registration, nothing at all to do with the memorandum even though his name appeared on it. This memorandum constitutes political activity 3 and thus -should have a short form under this particular registration. 3 A November 1, 1985 memorandum to? indicated that possibly engaged_ as a consultant to assist\ them in connection with their representation of the Government of Nigeria. A Nov. 12, 1985 memorandum suggests that? did work and possibly is working on behalf of Nigeria and therefore should be registered under the Act. According to_and ?arranged initial contact, but did nothing else. He only arranged to establish the contract. Page 22 of 83 0.7.4249.1510900 DOJSCO-402205340 ?Case Document 525-2 Filed 02/23/19 Page 260 of 577 122.: meetings/activities which should be reported in the December 14, 1985 supplemental statement; discuss the Nigerian Peace Initiative, as well as P.L. 480 and the grant/purchase of wheat. The memorandum also stated contacts with_ All such contacts should be reported in item 12 of the statement, Senate" on October 30, 1985. This contact as well as the subject matter should be disclosed in item 12 of the statement. Meeting between C) on October 31, 1985. Although the contact was disclosed} should also have disclosed the contact with Pitchford in item 12 of the statement. Page 23 of 83 0.7.4249.1510900 DOJSCO-402205341 Case Document 525-2 Filed 02/23/19 Page 261 of 577 .. 23 .. d) ?are now working on efforts to attract U.S. business investment in Nigeria." This activity should be disclosed in item 11 of the statement and all political activity in connection with promoting investment to Nigeria should be disclosed in item 12; 5 - A December 13, 1985 letter to?from Paul . Manafort indicated that _and Manafort had discussed the possibility of Audifferen acting as a conSultant with respect to Nigeria. Also, a December 20, 1985 letter to Manafort from - indicated that is definitely somehow nothing in the letter occurred and no agreement was ever signed. 6- must disclose its role in the visit of- ?to the us. PERU 1 An August 13, 1985 memorandum indicated that as of August 6, 1985 the Government of Peru was a client of registered for Peru on September 16, 1985, over 30 days after Peru became their client. should provide this Unit, in writing, with an explanation as to why it violated the statute. Page 24 of 83 0.7.4249.1510900 DOJSCO-402205342 Case 1: 17- c?r? --OO201 ABJ Document 525- 2 Filed 02/23/19 Page 262 of 577 24 2 An August 14, 1985 memorandum to _from Paul Manafort and? suggested that had discussions with Agency for International Development officials on behalf of Peru regarding Peru's outstanding arrearage problem. This activityfdiSCussions must be disclosed in item 12 of the supplemental statement for the period ending December 14, 1985. 3 .. An August 14, 1985 memorandum of conversation from- -indicated that he had a meetingwith This meeting was not disclosed in December 14, 1985 supplemental statement. must disclose the contact as well as the nature and purpose of the contact in. item 12? of the statement. (according to? - this meeting did occur). 4 An August 15, 1985 memorandum to -rom Paul may be invited to visit Peru. If the visit took blace, and had a role in the visit then disclose its role in the visit in item 12 of the supplemental statement for the period ending December 14, 1986. According to not have a role in the visit. 5 A September 5, 1985 memorandum to _from Paul Manafort referred to key U.S. Government officials, members of Page 25 of 83 0.7.4249.1510900 DOJSCO-402205343 Case Document 525-2 Filed 02/23/19 Page 263 of 577 .. 25 I Congress, and media markets, to be contacted by the Peruvian Embassy or by The'following contacts/persons referred to in the memorandum were not disclosed in supplemental statement for the periods ending December 14, 1985 and June 14, 1986, however?indicated that mm only suggested that these individuals be contacted and that the Embassy of Peru scheduled the meetings. U.S. Government officials Page 26 of 83 0742491510900 DOJSCO-402205344 Case roument525-2 Filed 02/23/19 Page 264 of 577 26 U.S. CongresSmen. Page 27 of 83 0.7.4249.1510900 DOJSCO-402205345 v.31? In ?1?Lwa4vtwm Case Document 525-2 Filed 02/23/19 Page 265 of 577 Media Markets i 6 - must disclose its rdle in?United Nations visit referred to in a September 17, 1985 memorandum to This activity should be aisclosed in item 11 and/or 12 of the December 14, 1985 supplemental statement. (The visit was also referred to in other memoranda}. Page 28 of 83 0.7.4249.1510900 DOJSCO-402205346 ,x empz?li ??i633331?1?7l??d?201m3?3 Document 525-2 Filed 02/23/19 Page 266 of 577 7 must disclose its role in the U.S. visit by - ?referred to in a September 18, 1985 memorandum to from Paul Manafort and ?in items 11 and/or 12 of supplemental 0.7.4249.1510900 statement for the period ending December 14, 1985.0 8 A September 24, 1985 memorandum to_from Paul Manafort regarding the activities of on behalf of Peru revealed the following activities which must disclose in items 11 and 12 of its December 14, 1985 supplemental statement. a) Facilitated and accelerated the creation of a-payment schedule by the United States Government of the obligations of Peru. (item 11) b) Stopped the reprogramming of $4.5 million 0f U.S. assistance to Peru during Fr 1985. (item ill 0) Contacted the major press mediums to give them background information. (item 12). d] ?eveloped talking points and important themes for they press conferences and press interviews (item 12 disclose activity and list contacts) e) Maintained continued contact with the press. Page 29 of 83 DOJSCO-402205347 Case Document 525-2 Filed 02/23/19 Page 267 Organized private interviews with the Cable News Network, USA Today, The Los Angeles Times, Newsweek, SIN, and The Washington Post. (item 12) g) Notified 25 members of the priority press to ensure that they were present during the press cenference (list in item 12). organized the visit of (item 12). 1) (Worked with the Department of State and the Department of Defense to ensure defense funding for the educatioh of the military. All such contacts should.be reported. (item 12) 9 A September 26, 1985 memorandum to September 22 and 23 press interviews with Newsweek, The Washington_Post, The Los Angeles Times, Today, CNN, SIN. indicate its role in these interviews in item 12 of the December 14, 1985 supplemental statement. 10 - A September 27, 1985 memorandum to Paul Manafort from summary of the -speech, an accompanying cover letter? for Page 30 of 83 0.7.4249.1510900 DOJSCO-402205348 Document 525-2 Filed 02/23/19 Page 268 of 577 30 - signature, and a list of key Government officials who are to receive this summary." must report their role in the- speech in item 11 of the supplemental statement for the period ending December 14, 1985. Furthermore, did not? indicate that they disseminated any printed material on behalf of; I Peru. must provide this Unit with a copy of this material. If the material is considered political propaganda must file a dissemination report and disclose the activity and the names of the U.S. Government officials who received the 'disseminated material in item 12 of the statement and must also amend items 16-24 of the statement if indeed the material is considered political propaganda. 11 An October 2, 1985 memorandum t- from Manafort and -stated that had conversations with Treasury. officials regarding the annual meeting of the World Bank and in Sonth Korea and the shift of emphasis of debtor nations from 'austerity to eConomic growth. neglected to disclose any conversations with Treasury officials. must disclose all such contacts in their supplemental statement for the period that said he "doesn't recall any meetings or conversations.") 12 An October 17, 1985 paper on the Peru Aviation Issue referred to seven key U.S. decision makers with respect to the_ issue of aviation. All contacts with the seven key decision Page 31 of 83 0.7.4249.1510900 DOJSCO-402205349 Case Document 525-2 Filed 02/23/19 Page 269 of 577 rmakers listed below should be disclosed in item 12 of the, appropriate supplemental statement. 13 - A November 8, 1985 memorandum to?from Paul Manafort states that "Black, Manafort, Stone and Kelly, Inc. has communicated with This contact must be disclosed in item 12 of the December 14, 1985 supplemental statement. Page 32 of 83 0.7.4249.1510900 DOJSCO-402205350 Case Ipcument525-2 Filed 02/23/19 Page 270 of 577 32 14 must'disclose in item 11 of the DeCember 14, 1985 supplemental statement; its role in the visit of -to the United Nations as described in the October 3, 1985 Manafort. The following activities should be indicated in the disclosure. a) Structured a press schedule. /mw . b) Prepared a list of talking points to be used by c) Offered advice on content of press kit. d) Prepared press announcement. e) ?Prepared press release for distribution to priority press (This may be political propaganda. must provide this Unit with a copy of the release}. f) Developed individually tailored press package for television journalist (May be political propaganda. This Unit must be given a copy of the press package).? Page 33 of 83 0.7.4249.1510900 DOJSCO-402205351 Document 02/23/19 Page 271 press interviews for?with Associated Press, Reuters, The Washington Post, Washington Timesr andathe Los Angeles Times. -with resPect to the 8.680 hearings before the Trade, Subcommittee on September 12 and 13, 1985. Enclosed with the letters were six copies of comments on 8.680. must indicate their role in the letter and comments in item 12 of the December 14, 1985 supplemental statement and also must previde this Unit with the the material if they disseminated it on behalf of Peru.* Dissemination reports may also need to be filed. 16 should disclose their role, if any, in the University? .of South Carolina Conference on Progress Towards Prosperity" PHILIPPINES A November 18, 1985 memorandum to Paul Manafort from ?mentioned the following activities which should have been reported in item 12 of the December 14, 1985 supplemental statement. Page 34 of 83 0.7.4249.1510900 DOJSCO-402205352 Case Document 525-2 Filed 02/23/19 Page 272 of 577 -34.. 2 A November 21, 1985 memorandum indicated that would prepare and distribute fact sheets and other information on the Philippines to Congress and the press. stated that did not distribute any material whatsoever on behalf of this foreign principal. 3 - A December 3, 1985 memorandum to from Paul Manafort indicated that? would be interViewed by Time. According to? did not arrange or have any role in this or any interviews. 4 A December 11, 1985 memorandum to Paul Manafort from indicated that -nade three calls on behalf of the foreign principal which should have been reported but Page 35 of 83 0.7.4249.1510900 DOJSCO-402205353 Case D00ument525-2 Fliled 02/23/19 Page 273 of 577 4_2 35 were not reported in item 12 of the December 14, 1985 supplemental statement. The calls Were to ?supplemental statement indicated that they "advised the client with reapect to U.S. media and press strategies with respect to the upcoming presidential election." This Unit found approximately 15 memoranda which indicated that advised the?with r?esPect to U.S. media and press strategies rather than the.Chamber of Philippine Manufacturers, Exporters and Tourism Association. .December 2,3,4,5 and 13, 1985 and November 18, 20, 21, 22 and 25, 1985.. must make general statements in item ll of the December 14, 1985 and June 14, 1986 supplemental statements setting forth its role with respect to the Philippine election. 5 An undated memorandum regarding "Upcoming Visit of U.S. Senators to Philippines" stated . . we have had discussions with ?regarding those interested in visiting the Philippines,? All contacts and activity surrounding these visits should be disclosed in items 11 and 12 of the supplemental statement for the period ending June 14, 1986. 6 January 1986 and December 31, 1985 memoranda indicated that U.S. journalists would visit Manila, Page 36 of 83 0.7.4249.1510900 DOJSCO-402205354 Case Dpcument 525-2 Filed 02/23/19 Page 274 of 577 36 Philippines in January, 1986. The journalists who were to visit the Philippines were listed in the memoranda: - December 31 memorandum indicated that arranged these had no role in arranging the visits. must disclose all of their activity/contacts in Connection with these visits in item 12 of the supplemental statement for the period ending June 14, 1986 if they did indeed have a role in the visits. 7 sent letters on January 7, 1986 to the U.S. 4 media.. They must report this activity and the contacts with the press in the supplemental statement for the period ending June 14, 1986. 8 A January 8, 1986 memorandum indicated that met with?with respect to the Foreign Assistance Bill. This contact must be reported in item 12 of the June indicated that this contact was reported however, in reviewing the file again this meeting was not disclosed on the June 14, 1986 supplemental statement. 9 must indicate its role in the January 20, 1986. visit of Philippine Page 37 of 83 0.7.4249.1510900 DOJSCO-402205355 Case Document 525-2 Filed 02/23/19 Page 275 telephone conversation with-of this Unit indicated that the following meetings were arranged by the Embassy and that only suggested that they occur: All contacts that may have had with respect to these meetings (ex. Paul Manafort coordination of the -meeting) must be disclosed in item 12 of the supplemental statement for the period ending Juue l4, 1986. 10 A January 20, 1986 memorandum as well as a schedule of? activities indicated that the ?would participate in media events/meetings. must disclose the names of all media/organizations/ individuals they contacted with respect to the events/ meetings, as well as disclose their role in the events in the June 14, 1986 supplemental statement. 'Following is a list of the events which appeared in the January 20 memorandum and schedule of activities. Page 38 of 83 4 0.7.4249.1510900 DOJSCO-402205356 Case Document 2%5-2 Filed 02/23/19 Page 276 of 577 11 - A January 21, 1986 memorandum indicated someone from EMSKPA discussed with U.S. Government officials on January: 7 22, 1986 the issue of the procedures that the Government of the Philippines has set in place to ensure free and fair elections on February 7, 1986.? These meetings on January 22 were not disclosed in the June 14, 1986 supplemental statement. Page 39 of 83 0.7.4249.1510900 Case Document 525-2 Filed 02/23/19 Page 277 disclose the names of all press organizations/contacts that it contacted on behalf of the Philippines. The followi?g list of Philippine press "contacts was found in files. Page 40 of 83 0.7.4249.1510900 DOJSCO-402205358 Case Document 525-2 Filed 02/23/19 Page 278 of 577 13 An undated list of meetings/activities indicated that someone from met with the following individuals; '-this activity should be disclosed in item 12 of the Vappropriate supplemental Statement: Page 41 of 83 0.7.4249.1510900 DOJSCO-402205359 Case Document 225-2 Filed 02/23/19 Page 279 of 577 indicated in a telephone conversation with that merely suggested that the Philippine Government should meet with the individuals above).- 14 - should disclose its contact and role with This activity should be disclosed in item 12 of the June 14, 1986 supplemental statement. 15 must disclose the particular legislation, for example HR 2582, that it lobbied for or against on behalf_of the Philippines in the appropriate supplemental statement(s). 16 must indicate its role, as well as all contacts with respect to press interviews of Philippine government officials. 17 must disclose its role in any hearings which were held on the Philippines obtaining witnesses, gaining press coverage, preparing_testimony etc.) ST. LUCIA - regarding exchange of information with U.S. Page 42 of 83 0742491510900 DOJSCO-402205360 Case Document 525-2? Filed 02/23/19 Page 280 of 577 42 Treasury Department stated St. Lucia would have a onegotiating team selected and ready to begin deliberations in April of this year. I so informed the U.S. Treasury Department and they are expecting to begin serious negotiations in the very near future. . . . advise me as to whether the Government still feels that these negotiations are pursuing. . . will be happy to play any Vrole you deem advisable either as an integral part of the St. Lucia negotiating team or as a mere facilitator of your independent efforts. . . must indicate its role in these negotiations and must disclose all U.S. Government contacts made with respect to the negotiations. regarding industrial development activity. If engaged in this activity it should be disclosed in item 12 of the supplemental statement for the period ending June 14, 1985. -indicated that would assist in arranging for the Small Business Journal to do a documentary on Caribbean economic prospects. must disclose its role in the doCumentary. Page 43 of 83 0.7.4249.1510900 DOJSCO-402205361 Case Document 525-2 Filed 02/23/19 Page 281 of 577 A we ?-43 a UNITA 1 .. on October 15, lags?wrote a letter regarding-visit to Africa and his debriefing with? It appears as though these contacts (letters and meeting) should have been reported in item 12 of the supplemental statement for the period ending December 14, 1985 and a copy of the letter should be provided to this Unit. Furthermore, in the future, should place a Section 4(a) label on letters such as this_one. 2 An October 21, 1985 memorandum to_ from referred to the following activities which should have been reported in the supplemental statement for the period ending December 14, 1986. a) worked with and other members of the House who sent a joint letter to urging that he provide material support to UNITA (This activity should be reported in item 12 of the statement). b) contacted syndicated journalists as well as CBS News' 60 Minutes, The McNeil Lehrer Report, Newsweek and other major print and television outlets on behalf of UNITA. ?should list in item 12 each media organization and individual in the media that they contacted on behalf of UNITA. Page 44 of 83 0.7.4249.1510900 DOJSCO-402205362 Case roument525-2 Filed 02/23/19 Page 282 of 577 - 44 c) assisted _in improving the drafting and) distribution of press releases. d) worked with private voluntary organizations and outside groups to collect humanitarian assistance for UNITA. regarding press coverage of UNITA. This contact, as well as all other such contacts should have been reported in item 12 of the supplemental statement for the period ending December 14, 1985. should also indicate their role in any television appearances made by Savimbi while in the U.S. 4 At the bottom of an October 25, 1985 memorandum.to Paul Manafort from?regarding UNITA was a message regarding hearings in Congress on Namibia and Angola. The message indicated that was to questions, get witnesses, etc." must report their role in the hearings and disclose the specific hearings in which they had a role. According to? - suggested witnesses. This should be disclosed in item ll of the supplemental statement for the period ending December 14, 1985. 5 On October 25, 1985 a packet of material was presented to This activity should be reported in item 12 of the supplemental statement for the period ending December 14, 1985. Page 45 of 83 0.7.4249.1510900 DOJSCO-402205363 Document 525-2 Filed 02/23/19 Page 283 of 577 -45.. 6 must indicate its role in the hearings referred to in the October 25, 1985 memorandum from _to Paul Manafort. 7 "An October 29, 1985 memorandum from ?to staff. . . A call to_ from you urging he testify would be very helpful. A November 1 1985 letter from? - indicated that -called and wrote _to get him to testify. None of these contacts were reported in item 12 of the supplemental statement for the period ending December l4, 1986. contac- but was never able to contact him. However, ?the" contact with_ should be disclosed. _indicated that EMSKPA assisted in the preparation of press trips to Jamba. must indicate in item 12 of the December 14, 1986 supplemental statement its role in the trips and it must list\ the names of the press organizations and individuals contacted with respect to the press trips to Jamba. 9 - According to a November 1, 1985 memoranda to apparently assisted in the preparation of press interviews of - must indicate this activity as well as the name of the media organizations and individuals communicated with concerning the interviews. This?activity should Page 46 of 83 0.7.4249.1510900 DOJSCO-402205364 Case Document 525-2 Filed 02/23/19 Page 284 of 577 46 be disclosed in item 12 of the December 14, 1986 supplemental istatement. 10 files contained a November 5, 1985 letter to by direction of? must disclose their role in this activity preparation, delivery etc.) in items 11 and 12 of the supplemental statement for the period ending December 14, 1985. Also, with reference to this letter a November 6, 1985 memorandum to Paul Manafort fro- -ndicated that -e*rsonally delivered the letter to -from that delivered the letter to the_ This aCtivity should be reported in item 12 of the supplemental statement for the period ending December 14, 1985.? 11 A November 15, 1985 memorandum indicated that BMSK worked with Congressmen and Senators to get certain legislation proposed and passed on behalf of UNITA. This was also disclosed in supplemental statement for the periods ending December 14, 1985 and? June 14, 1986. It will be necesSary for to indicate in each supplemental statement the name and subject matter of each piece of legislation which sought to be passed in Congress. The rmemorandum also indicated that had worked with Hill Staffers and members of Congress to organize and support two Congressional Hearings on the issue. This activity must be disclosed in the statements as well. Page 47 of 83 0.7.4249.1510900 DOJSCO-402205365 Case Document 525-2 Filed 02/23/19 Page 285 of 577 7 - 47 12 must report the November 18, 1985 meeting with- 13 On January 9, 1985 - sent a letter to?l thanking her for her assistance in arranging a meeting and interview indicated that 12111.5 4th WW w: interview never took place. 14 - On February 1, 1986 apparently hosted and/or, participated in a dinner at the Grand Hotel. Many U.S. Government officials, as well as members of UNITA were present at the dinner. must disclose this activity in item 11 of the June 14, 1986 supplemental statement, as well as provide this Unit with a list of U.S. Government officials who attended in order that it may be placed in the public file. Furthermore, if there were any speeches made or any material distributed at the dinner the activity must be reported in items 11 and 12 of the statement and if paid for the dinners they should report it in item 15 of the statement _indicated that the dinner was purely social 5; that no speeches were made}. 15 ?.On February 1, 1986 and February 2, 1986 Savimbi appeared as a guest on "Evans Novak" (CNN). must disclose their role in this activity and list all media contacts surrounding the interview in item 12 of the supplemental statement for the period ending June 14, 1986. Page 48 of 83 0.7.4249.1510900 DOJSCO-402205366 Case Document 525-2 Filed 02/23/19 Page 286 of 577 0.7.4249.1510900 16 - drafted a letter to be sent to? from This February 6, 1986 letter which prepared and sent to _should be filed with this Unit and the activity should be disclosed in item 12 of the June 14, 1986 supplemental statement. Furthermore, letters such as this should contain a Section 4(e) label. must also report if they assisted in the preparation of neWs releases and the like to be disseminated by UNITA, as well as all articles written to be sent out in congressional publications to the Members' constituencies. 17 A February 18, 1986 letter to? from - should inform this Unit of its connection with- role in the-article on - If did have a role in this article the actiVity should be report in item 12 of the as well as indicate its supplemental statement for the period ending June 14,119861 18 - must indicate its role in the May 20, 1986 ?Dear 'Colleague" letter and disclose the names of any Congressmen it was sent to by The activity should be disclosed in item 12 of the June 14, 1986 supnlemental statement and the names of any Congressmen it was prepared for should be listed in item 12 of the same statement (according to?ehis Dear Colleague letter was not used). Page 49 of 83 . DOJSCO-402205367 Case Document 525-2 Filed 02/23/19 Page 287 of 577 19 - A June 5, 1986 memorandum to -from referred to the following activities which should have been reported in the June 14, 1986 supplemental statement. a) arranged for two U.S. based journalists to go to Jamba: *media contacts relating to these press visits, as well as the activity itself should be reported in item 12 of the statement. free lance writer and made the trip on his own). b) also indicated that the journaliSt's articles were distributed to Congress along with a ?Dear Colleague Letter.". role in this activity should be reported in item 12, copies of the articles and ?Dear Colleague letter" should be filed with this Unit, the names of the Congressmen sent the material to should be listed in item 12, should have placed a label on all material that they disseminated and dissemination reports should have been filed if disseminated the material, c) indicated that it is in the process of arranging for to go to Jamba. All media toentact made regarding these visits prior to June 14, 1986 should be reported in item 12 of the statements Page 50 of 83 0.7.4249.1510900 DOJSCO-402205368 Case Document 525-2 Filed 02/23/19 ?Page 288 of 577 .. mag?" 5 0 d) under the Military Updates and UNITA Communiques section of the memorandum, indicated that they received a military update from Angola on June 2, 1986 and then they prepared and issued a media announcement. A copy of this announcement should have been filed with this Unit. e) indicated that material was entered into the must indicate its role in seeing that the material was printed? f) Under the Video Coverage and Photos section of the memorandum, indicated that theyhad contacted-f -oncerning video footage and also regarding taking their onn camera crews to Angola. must disclose this activity as well as indicate with whom it communicated in the media on behalf of the foreign principal. This activity should be described in item 12 of the statement. g) Under the Press Activity section of the memorandum indicated that they were involved in both initiating press interviews and widely circulating articles on indicated that it [had set up three interviews. to say that ?when an article is printed, we Contact a member of Page 51 of 83 0.7.4249.1510900 DOJSCO-402205369 Case Document 525-2 Filed102/23/19 Page 289 of 577 t? 51 - . Congress to either circulate the article with a 'Dear Colleague Letter? or to enter the information into the Congressional Record." has not disclosed this activity. ?The names of all media contacts should have been listed in item 12 and the contact with the Congressmen with respect to all of the "Dear Colleague Letters" and articles, as Well as the activity of having the articles printed in the?hould have been reported in item 12 of the statement. It will be ?necessary for to provide this Unit with copies of all "Dear Colleague Letters" that prepared. Section 4(a) labels should have been placed on all such decuments. Under the Information Preparation section of the memorandum, stated that our efforts to emphasize the legitimacy of UNITA, and the Soviet?Cuban threat to Angola, we have found it necessary to create the required information and then offer it to an outside source for circulation." This activity should be reported in item 12 and should indicate the "outside sources? which circulated the information. This Unit must be provided with the information which created for circulation. 20 The following list is a list of activities/press interviews/ contacts/meetings which were not reported in the supplemental statement for the period ending June 14, 1986. All of the names of Page 52 of 83? 0.7.42491510900 DOJSCO-402205370 Case Document 525-2 Filed 02/23/19 Page 290 of 577 X: - 52 the media organizations contacted as well as the names of individuals contacted should haVe been disclosed. should also have indicated its role in the activities in which Savimbi participated. Page 53 of 83 0.7.4249.1510900 DOJSCO-402205371 Case Document 525-2 Filed 02/23/19 Page 291 of 577 -53.. Page 54 of 83 0.7.4249.1510900 DOJSCO-402205372 Case Document 525-2 Filed 02/23/19 Page 292 of 577 54 21 - All activity such as letters, op?ed pieces, articles, etc. which wrote on behalf of UNITA, to be disseminated by or by anyone else should be reported on the appropriate supplemental statements. Furthermore, should indicate its position on all issues it discussed with U.S. Government officials and make a Page 55 of 83 0.7.4249.1510900 DOJSCO-402205373 Case Document 525-2 Filed 02/23/19 Page 293 of 577 55 a general statement of its political activities in item 12 of the supplemental statements. Finally, neglected to file pages 6 and 7 of its supplemental statement for the period ending June 14, 1986. FINANCIAL 3 This portion of the inspection report will serve as an audit, report of the subject registrant's compliance with the.financial reporting requirements of the Foreign Agents Registration Act. SCOPE OF AUDIT the books and records of the registrant as they relate to the Act for the period of June 14, 1984 through June 14, 1986. The examination was conducted in accordance with certain generally accepted auditing standards and. accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. ?or reasons discussed in the recommendation section of this report, the registrant's financial disclosures as presented in their supplemental statements do not Page 56 of 83 0.7.4249.1510900 DOJSCO-402205374 Document 525-2 Filed 02/23/19 Page 294 of 577 56 - present fairly the financial activities of the registrant for purposes of the Foreign Agents Registration Act. i Black Manafbrt Stone Public Affairs, Inc. (Registration NO. 3600) Receigts Page 57 of 83 DOJSCO-402205375 0.7.4249.1510900 Case 1:17b-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 295 of 577 ~57? Page 58 of 83 0.7.4249.1510900 DOJSCO-402205376 .. Casel:17-cr-00201-ABJ 7. Document 525-2 Filed 02/23/19 Page 296 of 577 Page 59 of 83 0.7.4249.1510900 Case Document 525-2 Filed 02/23/19 Page 297 of 577 59 .. Page 60 of 83 0.7.4249.1510900 DOJSCO-402205378 Case Document 525-2 Filed 02/23/19 Page 298 of 577 Appearing below is an analysis of the financial terms and Gen" ditious of the contracts betmeen Black, Manafort and Stone Public Affairs, Inc. (Reg. No. 3600} and the firm's foreign principals, and the compensation the firm reCeived as per the audit. The purpose of this analysis is to determine if the compensation received by the registrant remained consistent with the financial Clauses contained in the contracts filed with this office. This analysis allows the audit to determine if funds Were receiVed by the registrant in addition to funds clearly set forth and receivable per contract, and thereby indicate the existence of an agreement between the registrant and the foreign principal not disclosed to this Office. This analysis also allows the audit to determine if the registrant was party to any agreement in which compensation was contingent, in whole or in part, upon the successful completion of any political activities. .It should be noted at this point that the books and records of the registrant as presented to the auditor did not contain any evi? dence of monies received in addition to monies receivable per con? tract, or monies received in violation of the contingency provision provided in Section 8th}, of the Act. Black, Manafort and Stone Public Affairs, Inc. (Reg. No. 3600) Page 61 of 83 0.7.4249.1510900 DOJSCO-402205379 Case Pocument 525-2 Filed 02/23/19 Pugge 299 of 577 Page 62 of 83 0.7.4249.1510900 DOJSCO-402205380 Case Document 525-2 Filed 02/23/19 Page 300 of 577 62f - Page 63 of 83 0.7.4249.1510900 DOJSCO-402205381 Case Document 525-2 Filed 02/23/19 Page 301 of 577 -63- Page 64 of 83 0.7.4249.1510900 DOJSCO-402205382 Case Document 525-2 Filed 02/23/19 Page 302 of 577 Page 65 of 83 . 0.7.4249.1510900 DOJSCO-402205383 Case Document 525-2 Filed 02/23/19 Page 303 of 577 Page 66 of 83 0.7.4249.1510900 DOJSCO-402205384 Case Document 525-2 Filed 02/23/19 Page 304 of 577 66 - Page?67_of 83 0.7.4249.1510900 DOJSCO-402205385 Case Document 525-2 Filed 02/23/Page 68 of 83 0.7.4249.1510900 DOJSCO-402205386 Case Document 525-2 Filed 02/23/19 Page 306 of 577 a, 68 .. RECOMMENDATION Based on the information contained in the registrant's filings and the inspection of the registrant's correspondence, office memoranda and financial records, did not adequately comply with the disclosure requirements of the Act. Therefore, must amend its registration where necessary. It is' recommended that this Unit prepare a letter to setting forth the necessary amendments and to meet again with Nick Panuzio and Joel Dahnke to discuss the appropriate methods on how to amend the deficiencies in the registration. Page 69 of 83 0.7.42491510900 DOJSCO-402205387 Document 5252 Filed 02/23/19 Page 307 of 577 a? Memorandum 'w?fack, Manafort, Stone Kelly, Public Affairs Company . 149?139?16 Registration No. 3600 12/3/86 Section 5 Inspection During the months of July, August and September, 1986- 5 inspection of the Black Manafort and Stone registrations pursuant to the Foreign Agents Registration Act of 1938) as amended (hereinafter referred to as PARA or the Act). These inspections included four registrations; Black, Manafort and Stone, Inc. (#3415), Black, Manafort, Stone Kellnyublic 'Affairs Company (#3600), Paul J. Manafort (#3594), and Black, Manafort, Stone Atwater, Inc. (#3710). This inspection report concerns itself with Black, Manafort, Stone Kelly Public Affairs Companp (#3600) (hereinafter referred to as The inspection was conducted in order to verify that adequate disclosure has been made by the registrant pursuant to the disclosure requirements of FARR. Page 70 of 83 0.7.4249.1510900 DOJSCO-402205388 Case Document 525-2 Filed 02/23/19 Page 308 of 577 Typed: 5/7/37 149*139?16 Public 211 T. TlexTn?riT, VirgiTiT 32314 RT: PTul J. RTgiTtthion ET. ThiT ?iT in Ta tT Tf Tani TurTuTTt ta TE Tat, TT iTTnT-Ttiam his cTTducTTd in with Tf Tat. :Th? Tet GT ta ?Grm? 1T ta TT the Tupglemental ta TTtTil TTtiTitiTT TT deust ?iTTnTiTl TT in tha Tallawing TTtivitiTT leTw far part, which have than TativithT. if iT that tha activity Tia Tat meant, this Tificeg in TT TpTciTiT Tia Tat ?la?$s palitTcal muTt inTluTT i?TTtity Qf i?Vle??; the thT, TaturT Tf all TT TTlitiTTl activitiTT TT QT tT far gr?p??al Tr Ti TT Tall; even thauqh mTy may Tat The. rallawing muTt TT an Tman?m?nt a Raundtable companiTT thTiT Tad thTiT Thr?ugh Ta has Grmup? which WT can put Them in Page 71 of83 0.7.4249.1510900 DOJSCO-402205389 Case Document 525-2 Filed702/23/19 Page 309 of 577 1R1: antaRtR Ri:h RRuR?tah 1R RR RR, *RisRR*t in {jam ?1 .1: With" 5 F3: 71:21, .. 31:; ERG ih??t ?35153 1 Fu1v RhRu FR: fi?? that R11 RHR1RLL1RR an? ?1 rm P13TRR Rum n5 r~ a?mrug '5 -.. 7R. 3? R. 1' i?RRtiaf LRR Rica; 1111? 1: E1 ?zrvzir?reR ER 1: >111. miRRf?tR RR ERR 3111? 139? RR +hR 3111? RRlitiRai WhitR R?uff." M1 Rith RR Rrit.: KR par 1 RRleiR RR Ri?1? RRlihiRRl i R111111?s1 taxi :gR 51 11, 313331 11:11:11" ERR RR tR ?RRlit" :11: R?dwrittm? RR 1R f?p?r? RR nh? A 11:31::ch ?$31541 RR RR @113 131, i?t? ERg?f??g :hrgugh 12w RR ??li?lg?ll? R??guRng 1; ?ny? 11, RRti Rf ERRER RR liftRL R1 the 11% RI H3113 with Rxg. ?RtRii R11 RR ERR 11R 1R thiR 1. ma -r?R ER, LRRS . thiclRR 19:35 Ram?R 1111?: RR- Rm tR ?Rita RR RR RRC the RR quQRRiial R11 9. Sum? 1-21, 1R85 Ra??w Vim RR unRth 1RR1RC l?g W119 R?miniRRr Rt.iRn Cergm RR RR11 RR RR . DiRalaRR f??tiVit 1R Page 72 of 83 0.7.4249.1510900 DOJSCO-402205390 5? a Case Document 525-2 Filed 02/23/19 Page 310 of 577 1i with Congress, White House, State Department, Defense Department and other agencies, and detail activities in connection with Jordanian aid package and with Jordan's lobbying counsel. 10. September 3, 1985 memo Manafort and Third quarter activity report stated registrant serve as communication link between the Administration and Congress, balanced efforts with key Senators, delayed efforts to revive Resolution 177 and clarified Saudi role in financing Jordanian arms package. Detail contacts with Administration and Congress, and activities to balance AIPAC efforts, delay Resolution 177, and clarify Saudi role in Jordanian arms package. 1 ted documentwm Department -- poop on Jerusa em are Hill and followed by notation All Contacts must he reported . l2. Undeted document -, -attended meeting held by NARA on Saudi Arms Sales. As a result the following is suggested as content for a tales to go out to Roundtable Members? (three paragraphs follow). Explain centacts with US/Saudi Roundtable (see paragraph whether telex sent by Roundtable. 13. December 30,1985 memo Manafort to q? Activities for the fourth quarter included communications Congresstand the Administration. All contacts must be detailed, including efforts to balance AIPAC lobbying. Re istrant must report any connection with with and activities undertaken on issues of discuSsion between 14. Januar 8 1986 document The writer (unidentified) had lunch teeth and discussed Saudi Arabia, the Philippines and the Foreign Assistance Bill. No expenditure for lunch with was reported. Explain interest in Philippines and Foreign Assistance Bill. 15. April 25 and April 30?, 1986 memos Manafort to Initiated grass roots campaign among home state supper ers of certain Senators in connection with the Saudi arms proposal, and followed up on calls that haven' been made. Detail grass roots campaign, including the states involved. 16. April 25 and April 30, 1986 memos Manafort to- and April 25, 1986 memo Manafcrt to the Intercontinental Hotel - Refer to ?talking points? which the registrant ?provided?. The Intercontinental memo had an attachment "Talking Papers for Telephone calls on Pending Saudi Munitions Sale." Were the ?talking points? distributed to supporters of Senators (see paragraph 15), the White House, State Department or others? 17. April 30, 1986 to-- have had several conversations with' on the arms sale. Their column Page73 of 83 0.7.4249.1510900 DOJSCO-402205391 '4 :ipp? 3111 i1 11? 11 in 11..11 . :?lt?cee ?22 girth? {2111*1 111111111 11111111 11 1111, 3.111111 1 1111* 13?? 1311 ?$1131" 1211 21ft ?11 - 111 1111111111 11f11111111 11 111 111111 111 11111111., 35111111 1 111:1 11' 1:11 1 1% 1.11 11111 1111111 :11 111 11111 11 111111 1111: 1111 111k111,_111 111111 11 11 1111111 1.1ii1111l 11111111111 11111 111111 111 111111111 :1'111i1i11, 1 11:1111111 11 111 1111111 11 1111 11111 1f 111 m1 11111+f1 11611111 1111111 1111 111 1111111 11111111 11 121 11?111111111 111111111 11111111111L111111 11111111111111; 11111 1111 11 111111,11 11 111 1111111 1 Th1 11111111711? ?g111i111 1111111 ?4r11111 11 111 :1111111 11 :21; Taxi}. Page 74 of 83 0.7.4249.1510900 DOJSCO-402205392 Case Document 525-2 Filed 02/23/19 Page 312 of 577 Memorandum 'Subject Date DEC 22 :98? Paul J. Manafort 18 U.S.C. 219 149~46w62 . Typed: 10/1518? From To INTRODUCT ION a United States Government Wgency, re erre is 1v1sion a potential violation of 18 U.S.C. 219 (Section 219) by a former OPIC director, Paul J. Manafort, who had resigned that day. The basis of the criminal referral was that while serving as an OPIC director from October 21, 1981 to May 16, 1986, Manafort was also registered under the Foreign Agents Registration Act of 1938, as amended, as an agent of several foreign principals. Section 219.provides in pertinent part: Whoever, being a public official of the United States in the executive, legislative, or judicial branch of Government or in any agency of the United States. . . is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938, as amended, shall be fined not more than $10,000 or imprisoned for not more than two years, or both. 1/ After becoming an OPIC director, Paul Manafort filed short forms for the following countries: Bahamas, Dominican Republic, Nigeria, Peru and Saudi Arabia. He also filed a short form for U. I. T. A. and signed his firm's contract with the Philippine Manufacturers, Exporters Tourist Association (PMETA or the Philippines). His firm also represented the United Bermuda Party, the News Corp Ltd. (Australia), the Institute for Financial and Fiscal Studies of Curacao and the Governments of Barbados and St. Lucia Page 75 of 83 0.7.4249.1510900 DOJSCO-402205393 Case Document 525-2 Filed 02/23/19 Page 313 of 577 a. Nothing in this section shall apply to the employment of any agent of a foreign principal as a Special Government employee in any case in which' the head of the employing agency certifies that such employment is required in the national inter~ est. Since Manafort's registrations do not contain any certificate from the White House that his employment was required in the national interest, there appears to be a literal violation of Section 219. SUMMARY OF FACTS Manafort became a director of OPIC in October, 1981. In October, 1982 he simultaneously registered with the Justice Department as an agent of the Dominican Republic and recused himself from OPIC matters involving that country. In 1983 the White House made a policy decision not to certify the employment of any foreign agent as required in the national interest in the absence of an extraordinary emergency or extremely unique circumstances. Manafort attempted to convince the White House that his circumstances were unique on the ground that his firm, rather than he personally, was conducting the political activities for the Dominican Republic which required registration. Although he made some progress with this argument, and the Justice Department agreed that such a hypothetically uninvolved person need not registerthe White House was willing to sign the certificate. However, Manafort was not required by the White House to resign his OPIC position at that time.. When Manafort's OPIC term expired, he began serving as a holdover director. During this period the record reflects that Manafort recused himself from a second matter, with a domestic client, which would have involved a conflict, absented himself from a third matter, involving his client, Saudi Arabia, and refused to get involved in a minor matter involving his client, the Bahamas, because of the appearance it would create. In the reappointment process Manafort disclosed all his foreign clients and the White House insisted that he resign as a foreign agent, which he did. Later, however, Manafort signed his firm's contract with PMETA, and was briefly quoted on their behalf in .the New York.Times, Time and Newsweek. Following some generally unfavorable attention in the media to this contract and to lobbyists generally, Manafort reregistered for a number of countries, and assumed a more active role in representing clients, but did not resign as an OPIC director. A CBS news report on conflicts highlighted the Manafort situation, and he resigned a few days later, the same day the criminal referral was made to the Justice Department. Page 76 of 83 0.7.42491510900 DOJSCO-402205394 Case Document 525-2 Filed 02/23/19 Page 314 of 577 3 THE FACTS . on October 20, 1981, Manafort took the oath of office as a presidentially appointed director of OPIC, following his confirmation by the Senate a month earlier. Approximately one year later, on October 5, 1982, Manafort simultaneously registered with the Department of Justice as an agent of the Dominican Republic and recused himself from OPIC matters relating to that country in a letter to OPIC President Craig Nalen. Linn Williams, then General Counsel at OPIC, later advised in a telephone interview, before departing for private practice in Japan, that when the matter of Manafort?s representation of the Dominican Republic came up, that both a section 219 waiver and recusal by Manafort were considered as solutions to the problem,; and that since the White House had some policy objection to a waiver, reCusal was suggested to Manafort. In 1983 the White House focused on the section 219 problem as a result of the controversy surrounding the activities of As a result, a policy decision was made for the reel ent not to certify the employment of agents as required in the national interest "in the absence of an extraordinary emergency or extremely unique circumstances." On A ril 28, 1983, in accordance with this policy decision, ana or o' reSign his status as an agent or his appointment would no 1 - nt a'memo dated May 10, 1933 to advising the Department of Manafort's prima facie Violation. The memo stated: When 18 U.S.C. 219 was brought to our attention, the policy decision was made not to issue certificates to individuals who are or subsequently become registered agents in the absence of an extraordinary emergency or extremely unique circumstances. . . (therefore). . . (Manafort). . . is being notified by Presidential Personnel and advised that if he plans to continue as a registered agent his resignation is requested or his appointment is not going forward. (emphasis supplied] However, the White House has no recor ver requested Manafort's resignation, and memo to neVer reached the Registration Unit. nafort sent a letter to with a copy of his registration statement or Dominican Republic, in which he argued that his unique circumstances should allow him to continue serving on the OPIC board. He stated: Page 77 of 83 0.7.4249.1510900 DOJSCO-402205395 Case Document 525-2 Filed 02/23/19 Page 315 of 577 - "You will notice that the name of the registrant is Black, Manafort and Stone, Inc. I am listed as a Director and Partner of the firm.? He continues hope this resolves the issue in a manner that will allow me to continue to serve on the Board of Directors of OPIC. If there is any further problems (sic), please contact me in order that we ?might resolve it expeditiously. advised when interviewed that Manafort had heard about the Section 219 policy decision and was unhappy about it, and contacted him both because he knew him and a . (permanent employees) were within his domain. madvised that the matter Manafort raised was beyond his competence to decide, so he sent it to the Counsel's office. On September 12. la . Fieldini responded to Manafort's ioint in a memorandum to This policy left Open the status of a prospective appointee who is a member of a firm that is a registered agent but who himself does not perform any work requiring him to file an individual "short form? registration statement. The (Justice) Department has concluded that so long as such a person is neither (1) listed on the firm?s registration statement as being directly involved in activities in furtherance of the goals of the foreign principal nor (2) is on file as an individual registrant, then section 219 does not apply. If the prospective appointee is registered (in the firm?s registration or individually), however, then he must either "deregister" and cease all activities on behalf of the foreign principal or withdraw from Government service consideration. A November 29. 1933 memorandum from? again emphasizes that "the above paragraph re ers to Paul Manafort." The decision then was not to grant a waiver; but to force Manafort to choose between government service and his firm. HOWever, again there is no record that Manafort was advised to resign before his term eXpired On December 17, 1983, and nothing more happened on the matter until after the 1984 election. On June 4, 1984 Manafort registered for Saudi Arabia as a' short form registrant under the name of his law firm, Paul Manafort. An inSpectiOn of the books and records of this firm -revealed an August 4 1984 memorandum that indicates Manafort personally lobbied some Senators on an issue for Saudi Arabia. Page 78 of 83 0.7.4249.1510900 DOJSCO-402205396 Case Document 525-2 Filed 02/23/19 Page 316 of 577 .. 5 In January and February 1985 Manafort received form letters from Presidential Personnel and the White House Counsel congratulating him on his prospective reappointment and sending him copies of a personal data statement (PBS) and financial disclosure form, along with several pages of conflicts laws and regulations, but not including Section 219. On February 11, 1985 Manafort sent a PDS listing Saudi Arabia as a personal client and Barbados, the Dominican Republic and St. Lucia as clients of his firm. The White House could not locate a cepy of this form, stating: "We have been unable to 10cate the PDS which Mr. Manafort apparently forWarded in February of 1985. However, our camputer records and our attorney interview memorandum indicate we did receive such a document.? On March 25. 1,935 made some handWritten notes about a discussion he had about the Manafort appointment and the waiver According to the ?original deal" was that with issue. Manafort would serve as OPIC Director, and the waiver would be signed by HOWever, -declined and Sent the waiver to for his signature; however, also? refused. allegedly talked to Manafort and 0 IC a out this. On April 11, 1985! interviewed Manafort regarding his registering an ac ing as a foreign agent. Manafort indicated that his law firm registered for the Government of Saudi Arabia on July 4, 1984 and_that his public relations firm registered for the governments of St. Lucia, Barbados and the Dominican Republic on October 5, 1982. Manafort told hat while he is registered for various foreign clients he is not actively participating in the representation of the clients. ?memorand?um of this interview, dated May 24, 1985, states that they discussed both the felony prohibition in Section 219 against simultaneously acting as a foreign agent and as a U.S. government employee, and the exemption for certified employees, and that "to the best of my (L.G.) knowledge, no such certification has been issued in regard to Mr. Manafort?. He concluded:. "Since Mr. Manafort is listed on both of the aforementioned foreign agents registrations (his law firm and public relatiOns firm), I requested that he remove himself from such registration statements notwithstanding his representation that he is not involved in representing the listed foreign governments. Mr. Manafort agreed to do so and further agreed to provide us written evidence? of such "deregistration?. Page 79 of 83 . 0.7.4249.1510900 DOJSCO-402205397 Case Document 525-2 Filed 02/23/19 Page 317 of 577 On May 29, 1985 the Tribune (Bahamas) gave a detailed treatment of the regis had registered for the Bahamas on May 1, 1985.. ,of had a meeting with OPIC staff regarding sen ing an investment mission" to the Bahamas. About a month later, on Jul 8 1985, sent a memo to Manafort asked him to ?get to tell" OPIC mission office to go to the Bahamas. Manafort's handwritten note says "Can?t do, bad perceptions?. has confirmed through his that Manafort never approached him on the issue. On July 9, 1985 OPIC decided not to send an investment mission to the Bahamas, and smear was so advised on July 10, 1985. On June 4, 1985 Manafort terminated his short form for Saudi Arabia under the registration of his law firm, and on July 16, 1985 he terminated his short form for his clients. On July 23, 1985 Manafort sent a copy of the amendment to the smear registration to but because there was no amendment terminating his agency for Saudi Arabia,qthought that ManafOrt?s individual registration for Saudi Ara is was still a problem. Consequently, Manafort's nomination was never processed. . On October 25, 1985 began representing PMETA, a business association with close ties to the?government which worked for his reelection. ~On November? 985 the Egg York Times printed an article "Firm Registering as Lobbyist for Group Linked to Marcos?, quoting Manafort as stating: ?I'll be an advocate. . . on behalf of the issues of bilateral interest the '(Philippine) Government cares about.? On November 25, 1985 ered for PMETA, but not ManafOrt. On December 6, 1 wrote up his version of the discussion he had with "last week" regarding ?the Manafort reappointment". In it advised that Manafort was taking the osition that his firm, not he, personally, was an agent. ?threw some doubt on this interpretation of Section 219 by highlighting the "is or acts as an agent of a foreign principal? language from it. He reinforced this with his own conclusion to insist that Manafort recuse himself from "any matter affecting countries his firm is known to be representing." However, the issue, as saw it at the time Was: . and Until the White House determines either to grant Mr. Manafort a waiver and process his reappointment, or to appoint a successor, he is still permitted to function as a director by virtue of the ?holdover? clause in OPIC's statute. Manafort was quoted in articles in the March 3, 1986 issues of Time and Newsweek regarding the representation of PMETA. promoted Marcos' reelection campaign to the American public for PMETA, attempting to make the elections more credible.. Other articles in the media that week focused a critical look on lobbyists with ties to the administration, including Manafort. Page 80 of 83 0.7.4249.1510900 DOJSCO-402205398 Case Documegt Eiled 02/23/19 Page 318 of 577 Manafort responded to this publicity by filing short forms for the Bahamas, the Dominican Republic, Nigeria, Peru and UNITA on March 11, 1986. Late the following month, on April 29, 1986, Manafort was scheduled to attend an OPIC Board meeting, but did not. On May 5, 1986 Manafort was personally involved clitical activities for Curacao, sending a letter to_ hon tax reform. . On May 12, 1986?brought the matter to a head with a nationally televised report on lobbying. ?He stated: Paul Manafort, whose firm represented Zibimbi, can offer clients mere than friends in high places. He is in a high government place himself. Manafort is on the Board of Directors of OPIC, a U.S. government agency that makes loans and loan guarantees to foreign businesses. Manafort represents some countries that want to see that OPIC money, such as, the Bahamas, Peru, the Dominican Republic, and recently a business group close to Ferdinand Marcos. In 1985, Manafort's firm had contracts worth over $2.4 million, and in that same year businesses in those countries got $51.8 million. Manafort told CBS News that he officially withdrew from any OPIC discussions of decisions involving his clients. CBS News was told today that a U.S. government agency was beginning to investigate. On May 14, 1986 mdiscussed the issue of the otentia v10 Manafort whiohd summarized in a memorandum to Shanks dated May 16, 1986. That day Manafort resigned in a 1 esident, and the same day -sent a letter teem AAG, Criminal Division, Department of Justice referring the Manafort matter for our review and consideration. ANALYSIS The first question posed by these facts is whether Manafort was required to register personally, or only his firm. Manafort maintained strongly, in his contacts with the White House and the Department, that only his firm, and not he personally, was required to register. A review of the public file and the inspection reports certainly confirms the fact that, in general, Manafort's role was client relations rather than political activities. Thus, most references to ManafOrt in the file are reports by staffers to him or memoranda from him to clients of things the firm has done. It is on this basis that Manafort maintains that he has no personal obligation to register. Page 81 of 83 0.7.4249.1510900 DOJSCO-402205399 Case Document 525-2 Filed 02/23/19 Page 319 of 577 .. 8 .. Manafort?s argument highlights that portion of the legislative history which states that a "political consultant" need not register unless involved in political activities. HOWever, Manafort did lobb for Saudi Arabia in the summer of 1984; did send# a letter regarding Curacao's position 1986; did promote the Saudi view re ardin the arms sale in several conversations with columnist?in April 1986; and did give interviews in February, 1986 to Time and NewsWeeE regarding the Philippines. In short while there may be some theoretical caSe in which a person can serve as a political consultant and not engage in political activities, this is not such a case Manafort should have filed short forms for the Curacao and Philippine contracts as a hands on participant. Manafort cannot maintain that he personally was not required to register. The second question posed is whether Manafort violated his position of trust and responsibility to the United States by simultaneously becoming a foreign agent. The gravamen of the section 219 offense is using public office to gain favorable treatment for a foreign client, and its purpose is to ensure that U.S. officials not accept compensation from foreign sources for their government work. This standard separates the conceded technical, status offense from a prosecutable one. In the category of technical offenses are his status as ent for Barbados, Curacao, St. Lucia, Nigeria, UNITA, and because no issue involving these principals came before the OPIC Board.? Also not prosecutable under this standard are those agreements to act as agent after participating in a matter affecting the country, like Peru, Saudi Arabia, and the Philippines, absent evidenCe that Manafort was a secret agent at the time of the vote benefiting the country, or that the vote was in anticipation of that later Contract, neither of which appears ?in this case. This leaves as a possible prosecutable offense Manafort's status as agent for the Bahamas, Saudi Arabia and the Dominican Republic, where matters involving these countries before OPIC arose while he was simultaneously agent and director. In the Domi himself on advice from and in the Saudi Arabian case he was absent and did not otherwise? artici ate. In the case of the Bahamas, Manafort was invited by* of his firm to intervene in an OPIC staff decision regar ing whether an investment mission would visit the Bahamas, but Manafort declined to do so. There is, in short, no concrete conflict. Finally, any prosecution of Manafort must overcome obstacles based on the First, Manafort was advised by hat either a waiver under Section 2l9 or a recusal from matters affecting the Dominican Republic would solve his Section 219 problems, and he acted in reliance on that legal advice. Second, the failure of White House personnel to force Manafort's resignation until May 16, 1986 strengthens his contention that he thought their Page 82 of 83 0.7.4249.1510900 DOJSCO-402205400 Case Document 525-2 Filed 02/23/19 Page 320 of 577 .. 9 .- advice on conflicts was politically driven, and not legally required. Third, since White House personnel had knowledge of Manafort?s status as an agent and failed to request his resignation sooner, Manafort could argue that this constituted implicit_approval of or, at least, acceptance of his status as an agent. CONCLUSION The case against Manafort is technical, and not at all appealing. Because of his good faith reliance on the OPIC legal advice and the lack of follow through and coordination by the White House and the Justice Department, a prosecution of Manafort appears to be fundamentally unfair. For these reasons the prosecution should he declined and the investigation closed. White House documents, and letters to his attorneys, declining prosecution is a letter to advising him of current the declination of referral. Page 83 of 83 0.7.4249.1510900 DOJSCO-402205401 Case Document 525-2 Filed 02/23/19 Page 321 of 577 EXHIBIT 926 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 322 of 577 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 926 Case gage 323 of 577 Department ofJustiee Registration Statement Washington, DC 20530 Pursuant to the Foreign Agents Registration Act of 1938, as amended I--REGISTRANT 1. Name of Registrant DMP International, LLC 2. Registration No. (To Be Assigned By the FARA Registration Unit) . Li 3. Principal Business Address 10 St. James Drive Palm Beach Gardens, FL 33418 4. Ifthe registrant is an individual, furnish the following information: Residence address(es) Other business address(es), ifany Nationality Year of birth 29 ?l llci LZli?l?ilUZ Present citizenship lfpresent citizenship not acquired by birth, state when, where and how acquired Occupation 5. Ifthe registrant is not an individual, furnish the following information: Type of organization: Committee Association El Partnership Voluntary group Corporation Other (spec-05;) Date and place oforganization June 29. 2011 Delaware Address of principal of?ce 10 St.James Drive Palm Beach Gardens, FL 33418 Name ofperson in charge Paul Manafort Locations of branch or local offices lfa membership organization, give number of members FORM NSD-I Revised 05!] 7 - Case Document 525-2 Filed 02/23/19 Page 324 of 577' (PAGE 2) List all partners, of?cers, directors or persons performing the functions of an of?cer or director of the registrant. Name Residence Address(es) Position Nationality Paul J. Manafort' 10 St. James Drive Principal USA Palm Beach Gardens, FL 33418 Which of the above named persons renders services directly in furtherance of the interests of any of the foreign principals? Paul Manafort Describe the nature of the registrant's regular business or activity. Business and political consulting ?rm. Give a complete statement of the ownership and control of the registrant. LLC wholly owned by Paul J. Manafort. 6. List all employees who render services to the registrant directly in furtherance of the interests of any of the foreign principals in other than a clerical, secretarial, or in a related or similar capacity. Name Residence Address(es) . Nature of Services Richard W. Gates, 206 Virginia Avenue . Strategic advice and counsel. Richmond, VA 23226 - Case Document 525-2 Filed 02/23/19 "Page 325 of 577 (PAGE 3) PRINCIPAL 7. List every foreign principal? for whom the registrant is acting or has agreed to act. Foreign Principal Principal Address(es) Ukrainian Party of Regions 3/5 Kudriavskaya Street Kyiv, Ukraine 04053 8. In addition to the activities described in any Exhibit to this statement, will you engage or are you engaging now in activity on your own behalf which bene?ts any or all of your foreign principals? Yes No If yes, describe ?Illy. NANCIAL INFORMATION 9. RECEIPTS-MONIES During the period beginning 60 days prior to the date of your obligation to register1 to the time of ?ling this statement, did you receive from any foreign principal named In Item 7 any contribution, income, or money either as compensation or for disbursement or otherwise? Yeats I No If yes, set forth below in the required detail and separately for each such foreign principal an account of such monies.3 Foreign Principal Date Received Purpose Amount Please see accompanying Supplemental Statements Total The term "foreign principal," as de?ned in Section lfb) of the Act, includes a foreign goverru-nent, foreign political party, foreign organization, foreign individual and, for the purpose cfregistration, an organization or an individual an},r of whose activities are directly or indirectly supervised, directed, controlled, ?nanced, or subsidized in whole or in major part by a foreign government, foreign political party, foreign organization or foreign individual. 2 An agent must register within ten days of becoming an agent, and before acting as such. 3 A registrant is required to Ie an Exhibit if he collects or receives contributions, loans, moneys, or other things of value for a foreign principal, as part of a fundraising campaign. There Is no printed form for this exhibit. (See Rule 20I(e), 28 F. R. 5- 201(e)) Case Document 525-2 Filed 02/23/19 Page 326 of 577 (911054) RECEIPTS-THINGS 0F VALUE During the period beginning 60 days prior to the date of your obligation to register to the time of ?ling this statement, did you receive from any foreign principal named 1n Item 7 anything of values other than money, either as compensation, or for disbursement, or otherwise? Yes No If yes, furnish the following information: Foreign Principal Date Received Thing of Value . Purpose 10. DISBURSEMENT-MONIES During' the period beginning 60 days prior to the date of your obligation to register"5 to the time of ?ling this statement, did you spend or disburse any money in furtherance of or in connection with your activities on behalf of any foreign principal named in Item 7? Yes No El If yes, set forth below' in the required detail and separately for each such foreign principal named including monies transmitted, if any, to each foreign principal. Date To Whom Purpose Amount Please see accompanying Supplemental Statements 0F VALUE During the period beginning 60 days prior to the date of your obligation to register? to the time of ?ling this statement, did you di5pose of any thing of value? other than money in furtherance of or in connection with your activities on behalf of any foreign principal named in Item Yes No If yes, furnish the following information: Date Recipient Foreign Principal Thing of Value Purpose DISBURSEMENTS-POLITICAL CONTRIBUTIONS During the period beginning 60 days prior to the date of your obligation to register9 to the time of ?ling this statement, did you, the registrant, or any short form registrant, make any contribution of money or other thing of value from your own funds and on your own behalf in connection with an election to any political of?ce or in connection with any primary election, convention, or caucus held to select candidates for any political of?ce? Yes El No Cl If yes, furnish the following information: Date Amount or Thing of Value Political Organization or Candidate Location Of Event Please see accompanying Supplemental Statements 4, 6. 7 and 9 See Footnote 2, on page 3. 5 and 8 Things of value include but are not iimited to gifts, interest ?-ee loans, expense ?'ee travel, favored stock purchases. exclusive rights. favored treatment over competitors. ?kickbacks", and the like. Case Document 525-2 Filed 02/23/19 Page 327 of 577 - (PAGE 5) I I. Will the activities of the registrant on behalf of any foreign principal include the preparation or dissemination of informational materials? . Yes No IF YES, RESPOND TO THE REMAINING ITEMS IN THIS SECTION V. l2. Identify each such foreign principal. 13. Has a budget been established or speci?ed sum of money allocated to ?nance your activities in preparing or disseminating informational materials? Yes El No El If yes, identify each such foreign principal, specify amount and for what period of time. 14. Will any public relations ?rms or publicity agents participate in the preparation or dissemination of such informational materials? Yes No - If yes, furnish the names and addresses of such persons or ?rms. 15. Activities in preparing or disseminating informational materials will include the use of the following: Radio or TV broadcasts Magazine or newspaper Motion picture ?lms El Letters or telegrams Advertising campaigns Press releases Pamphlets or other publications El Lectures or speeches El Other (speci?z) Electronic Communications El Email Cl Website El Social media website El Other (specz'?z) 16. Informational materials will be disseminated among the following groups: Public of?cials El Civic groups or associations Legislators El Libraries Government agencies Educational groups Newspapers El Nationality groups Editors - El Other (speci?a) Indicate language to be used in the informational materials: English El Other (Speci?a) to The term informational materials includes any'oral, visual, graphic, written, or pictorial informatioa or matter of any kind, including that published by means of advertising, books, periodicals, newspapers, lectures, broadcasts, motion pictures, or any means or instrumentality of interstate or foreign commerce or otherwise. Informational materials disseminated by an agent of a foreign principal as part of an activity in itself exempt from registration, or an activity which by itself would not require registration, need not be ?led pursuant to Section 4(b) of the Act. Case Document 525-2 Filed 02/23/19 Page 328 of 577 (PAGE 6) VI--EXHIBITS AND ATTACHMENTS 18. The following described exhibits shall be ?led with an initial registration statement: Erhibi! zi- This exhibit, which is ?led on Form NSD-3, sets forth the information required to be disclosed concerning each foreign principal named in Item 7. Exhibit B- This exhibit, which is filed on Form NSD-4, sets forth the information concerning the agreement or understanding between the registrant and the foreign principal. An Exhibit shall be ?led when applicable. This exhibit, for which no printed form is provided, consists ofa true copy of the charter, articles of incorporation, association, constitution, and bylaws of a registrant that is an organization. A waiver of the requirement to ?le an Exhibit may be obtained for good cause shown upon written application to the Assistant Attorney General, National Security Division, US. Department of Justice, Washington, DC 20530. (See Rule 201(0) and An Exhibit shall be filed when applicable. This exhibit, for which no printed form is provided, sets forth an account of money collected or received as a result of a fundraising campaign and transmitted for a foreign principal. (See Rule 201 in accordance with 28 U.S.C. [746, the undersigned swear(s) or af?rm(s) under penalty of perjury that he/she has (they have) read the information set forth in this registration statement and the attached exhibits and that he/she is (they are) familiar with the contents thereof and that such contents are in their entirety true and accurate to the best of his/her (their) knowledge and belief, except that the undersigned make(s) no representation as to truth or accuracy of the information contained in the attached Short Form Registration Statement(s), if any, insofar as such information is not within his/her (their) personal knowledge. (Date ofsignature) (Print or type name under each signature or provide electronic signature") fur/WM 972/71 ZS Hal L2 l?i?f LlilZ I This statement shall be signed by the individual agent, ifthe registrant is an individual. or by a majority ofthose partners. of?cers. directors or persons performing similar functions. iflhc registrant is an organization. except that the organization can, by power of attorney, authorize one or more individuals to execute this statement on its behalf. .Case Document 525-2 Filed 02/23/19 Page 329 of 577 OMB No. I 124-0006: Expires May U.S. Department ofJusliee EXhlbit A to Registration Statement Washington. DC 20530 Pursuant to the Foreign Agents Registration Act of 1938, as amended INSTRUCTIONS. Furnish this exhibit for EACH foreign principal listed in an initial statement and for EACH additional foreign principal acquired subsequently. The tiling ofthis document requires the paytnent ofa ?ling fee as set forth in Rule 28 C.F.R. Compliance is accomplished by ?ling an electronic Exhibit A form at Lupe/lwiwjhragoy, Privacy Act Statement. The ?ling ofthis document is required by the Foreign Agents Registration Act of [938, as amended. 22 U.S.C. 61 at scan. for the purposes of registration under the Act and public disclosure. Provision of the information requested is mandatory, and Failure to provide this information is subject to the penalty and enforcement provisions established in Section 8 of the Act. Every registration statement. short form registration statement, supplemental statement, exhibit. amendment, copy ofinformational materials or other document or information filed with the Attorney General under this Act is a public record open to public examination, inspection and copying during the posted business hours of the Registration Unit in Washington. DC. Statements are also available enline at the Registration Unit?s webpage: One copy of every such decument. other than informational materials. is automatically provided to the Secretary of State pursuant to Section of the Act, and copies ofany and all documents are routinely made available to other agencies, departments and Congress pursuant to Section 6(0) of the Act. The Attorney General also transmits a semi-annual report to Congress on the administration of the Act which lists the names of all agents registered under the Act and the foreign principals they represent. This report is available to the public in print and online at: blips Public Reporting Burden. Public reporting burden for this collection ofin formation is estimated to average .49 hours per response. including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information Send comments regarding this burden estimate or any other aSpect ofthis collection ofinformation, including suggestions for reducing this burden to Chief. Registration Unit, Counterintelligence and Export Control Section, National Security Division. US. Department of Justice, Washington. DC 20530; and to the Office oflnformation and Regulatory Affairs, Office ofManagement and Budget. Washington, DC 20503. I. Name and Address of Registrant 2. Registration No. DMP International, LLC 10 St. James Drive (Di/f L. Palm Beach Gardens, FL 33418 3. Name of Foreign Principal 4. Principal Address of Foreign Principal Ukrainian Party of Regions 3/5 Kudriavskaya Street Kyiv, Ukraine 04053 5. Indicate whether your foreign principal is one ofthe following: Cl Government of a foreign country Foreign political party 3 2- l:l Foreign or domestic organization: If either, check One ofthe following: 7 El Partnership CI Committee :9 El Corporation El Voluntary group Association Other (specr?x) :1 El Individual-State nationality 6. If the foreign principal is a foreign government, state: a) Branch or agency represented by the registrant b) Name and title of of?cial with whom registrant deals 7. If the foreign principal is a foreign political party, state: a) Principal address 3/5 Kudriavskaya Street Kyiv, Ukraine 04053 b) Name and title of of?cial with whom registrant deals Vladimir Ryba k, First-Deputy Head, Party of Regions C) Principal aim Decentralization of power with transfer of maximum authority to the regions, build a Western democratic political party, turn Ukraine into the most attractive state for investment in the region. 1 "Government ofa foreign country." as de?ned in Section 1(e) ofthe Act. includes any person or group of persons exercising sovereign dc faclo or dejure political jurisdiction over any country. other than the United States. or over any part of such country. and includes any subdivision ofany such group and any group or agency to which such sovereign de facto or de jure authority or functions are directly or indirectly delegated. Such term shall include any faction or body of insurgents within a country assuming to exercise governmental authority whether such faction or body ofinsurgents has or has not been recognized by the United States. FORM N80 3 Revised 05/ 7 Case Document 525-2 Filed 02/23/19 Page 330 of 577 8. Ifthe foreign principal is not a foreign government or a foreign political party: a) State the nature of the business or activity of this foreign principal. b) ls this foreign principal: Supervised by a foreign government. foreign political party, or other foreign principal Yes No Owned by a foreign government, foreign political party, or other foreign'principal Yes No Directed by a foreign government, foreign political party, or other foreign principal Yes No Cl Controlled by a foreign government, foreign political party, or other foreign principal Yes No Financed by a foreign government, foreign political party, or other foreign principal Yes No El Subsidized in part by a foreign government, foreign political party, or other foreign principal Yes El No El 9. Explain fully all items answered "?l?es'I in Item (If additional space is needed, afar? insert page must be used.) if Hill 29 ?i lid (.2 ID. If the foreign principal is an organization and is not owned or controlled by a foreign government, foreign political party or other foreign principal, state who owns and controls it. EXECUTION In accordance with 28 U.S.C. 1746, the undersigned swears or af?rms under penalty of perjury that he/she has read the information set forth in this Exhibit A to the registration statement and that he/she is familiar with the contents thereof and that such contents are in their entirety true and accurate to the best of his/her knowledge and belief. Date of Exhibit A Name and Title Signature 2277? 691, Miami Case Documeng?BZTi-Z Filed ange 331 of 577 . 1 124-0004; Expires ay 3 US Department of-lustice Exhibit to Registration Statement Washington. DC 20530 Pursuant to the Foreign Agents Registration Act of 1938, as amended INSTRUCTIONS. A registrant must furnish as an Exhibit copies of each written agreement and the terms and conditious ol?each oral agreement with his foreign principal, including all modi?cations of such agreements. or, where no contract exists, a full statement of all the circumstances by reason of which the registrant is acting as an agent ofa foreign principal. Compliance is accomplished by filing an electronic Exhibit form at tightness. Privacy Act Statement. The ?ling ofthis document is required for the Foreign Agents Registration Act of 1938. as amended, 22 U.S.C. 6 1 et sea. for the purposes ofregistration under the Act and public disclosure. Provision ofthe information requested is mandatory, and failure to provide the information is subject to the penalty and enforcement provisions established in Section 8 of the Act. Every registration statement. short form registration statement, supplemental statement, exhibit, amendment, copy of informational materials or other document or information ?led with the Attorney General under this Act is a public record open to public examination, inspection and copying during the posted business hours ofthc Registration Unit in Washington, DC. Statements are also available online at the Registration Unit?s webpage: One cepy of every such document, other than informational materials. is automatically provided to the Secretary of State pursuant to Section 6(b) of the Act, and copies of any and all documents are routinely made available to other agencies. departments and Congress pursuant to Section 6(c) ofthe Act. The Attorney General also transmits a semi-annual report to Congress on the administration of the Act which lists the names of all agents registered under the Act and the foreign principals they represent. This report is available to the public in print and online at: Public Reporting Burden. Public reporting burden for this collection ofinformation is estimated to average .33 hours per response, including the time for reviewing instructions. searching existing data sources, gathering and maintaining the data needed. and completing and reviewing the collection ofinformation. Send comments regarding this burden estimate or any other aspect ofthis collection ofinformation, including suggestions for reducing this burden to Chief, Registration Unit, Counterintelligcnce and Export Control Section. National Security Division, US. Department of Justice. Washington. DC 20530; and to the Office oflnformatiou and Regulatory Affairs. Office of Management and Budget, Washington, DC 20503. I. Name ofRegistrant 2. Registration No. . DMP International, LLC Ll L?ll? i( . 3. Name ofForcign Principal Ukrainian Party of Regions 3. Check. Appropriate Box: (II 4. The agreement between the registrant and the above-named foreign principal is a formal written contract. if this box is checked, attach a copy of the contract to this exhibit. 3. There is no formal written contract between the registrant and the foreign principal. The agreement with the above-named foreign principal has resulted from an exchange of correspondence. If this box is checked, attach a copy of all pertinent correspondence, including a copy of any initial proposal which has been adopted by reference in such correspondence. 6. The agreement or understanding between the registrant and the foreign principal is the result of neither a formal written contract nor an exchange of correspondence between the parties. if this box is checked, give a complete description below of the terms and conditions of the oral agreement or understanding, its duration, the fees and expenses, if any, to be received. 7. Describe fully the nature and method of performance of the above indicated agreement or understanding. Focused on electing Party of Regions' candidates at the national and regional levels in the Ukraine by implementing pro- democratic campaign activities, engaging in party building activities, developing a party platform and political agenda, and implementing election planning, election integrity, and international election monitoring programs. Communicated with the US. Embassy regarding developing events in the Ukraine. Provided strategic counsel and advice to members ofthe Party of Regions regarding their interactions with US. government of?cials and other Western influential persons to advance the goal ofgreater political and economic integration between the Ukraine and the West. Provided advice to the European Centre for a Modern Ukraine, which was also working for the same purpose. FORM NSD-4 Revised 05!] 7 Case Document 525-2 Filed 02/23/19 Page 332 of 577 8. Describe fully the activities the registrant engages in or proposes to engage in on behalf of the above foreign principal. Focused on electing Party of Regions? candidates at the national and regional levels in the Ukraine by implementing pro? democratic campaign activities, engaging in party building activities, developing a party platform and political agenda, and implementing election planning, election integrity, and international election monitoring programs. Served as source of information for the US. Embassy in Kiev regarding devel0ping events in the Ukraine. Provided strategic counsel and advice to members of the Party of Regions regarding their interactions with US. government officials and other Western influential persons to advance the goal of greater political and economic integration between the Ukraine and the West. Provided advice to the European Centre for a Modern Ukraine, which was also working for the same purpose. 9. Will the activities on behalfofthe above foreign principal include political activities as de?ned in Section ofthe Act and in the footnote below? Yes No lfyes, describe all such political activities indicating, among other things, the relations, interests or policies to be in?uenced together with the means to be employed to achieve this purpose. - Provided strategic counsel and advice to members ofthe Party of Regions regarding certain interactions with US. government of?cials and other Western in?uential persons to advance the goal of greater political and economic integration between the Ukraine and the West. 291?] lid EXECUTION In accordance with 28 U. S. CS 1746, the undersigned swears or af?rms under penalty of perjury that he/she has read the information set forth In this Exhibit to the registration statement and that he/she Is familiar with the contents thereof and that such contents are in their entirety true and accurate to the best of his/her knowledge and belief. Date of Exhibit Name and Title Signatu 4-9? 77L PM. Footnote: "Political activity," as de?ned In Section lto) ofthe Act. means any activity which the person engaging in [b Ieves xvii/6 that the rson intends to, in any way in?uence am agenet or of?cial ofthe ofthc United States or any section ofthe public within the United States referenCI. to formula ng adopting or changing the . . domestic or foreign policies of the United States or with reference to the political or public interests policies or rel ions ofa government 0 a foreign country or a foreign party. ~Case 1:17-cr-00201-ABJi Document 525-2 Filed 02/23/19 ?Page 333 of 577 his: I . . .. km. .{ai . 2' I OPERATING AGREEMENT or DMP INTERNATIONALFEUCJUH 2 7 PH 1H 52 This Operating Agreement ("Agreement?) of DMP International, LLC a Delaware Limited LiabilityCompany, is effective as of the 1St day of September 2011 (?Effective Date?) between the Members. WITNESSETH The Members wish to establish this Operating Agreement for the governance of the Company. NOW THEREFORE in consideration of the foregoing, the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, all of the Members of the Company hereby acknowledge and agree to the following: SECTION I FORMATION AND PURPOSE The Company was formed pursuant to the Delaware Limited Liability Company Act, as may be amended from time to time [the Each Member con?rms and agrees to its status as Member, its Membership Class, and subscribes to the acquisition of a Membership Interest upon the terms and conditions set forth in this Agreement. Each- Member hereby executes and adopts this Agreement as the Operating Agreement of the Company, pursuant to the Act. The Members and the Company hereby agree that the duties and obligations imposed on the Members of the Company shall be those set forth in this Agreement, which is intended to govern the relationship among the Company and the Members, notwithstanding any provision of the Act or common law to the contrary. 1. Name. . . The name of the Company is DMPI. All Company business must be conducted in the name of the Company. Title to all assets of the Company shall be held in the name of the Company. 2. Principal Office. The principal office of the Company shall be 10 St. James DriVe, Palm Beach Gardens, FL. ?Case Document 525-2 Filed 02/23/19 Page 334 of 577 3. gioveming Law. This Agreement and all issues regarding the rights and obligations of the Members, the construction, enforcement and interpretation hereof, and the formation, administration and termination of the Company shall be governed by the provisions of the Act and other applicable laws of the State of Delaware, without reference to conflict of laws principles. 4. Purposes. The Company has been formed for the purpose of transacting any and all lawful business for which limited liability companies may be organized under the Act. 5. Registered Agent and Office. The registered agent for the service of process and the registered office shall be that person and that office location re?ected in the Articles of Organization as filed with the Delaware Secretary of State. The Managing Member(s], may, from time to time, change the registered agent or office through appropriate state filings. In the event the registered agent ceases to act as such for any reason or the registered office shall change, the Managing Member(s] shall designate a replacement registered agent or ?le a notice Of change of address as the case may be. SECTION II STATUS, CLASSES, RIGHTS AND OBLIGATIONS OF MEMBERS 1. Members. There shall be one class of members: At the time of the execution of this Agreement, the following are the Class A Members of the Company: Paul]. Manafort The term ?Member" as used herein, when it is not used with a specific Class designation, refers to a Class A Member. 2. Notice of Address and Membership Interest. The notice of the address of the Members are set forth on Attachment A. The Members each agree that each Member?s percentage of ownership interest (?Membership Interest") as well as the Class of the Membership Interest, shall be set forth on Exhibit A as may be amended from time to time pursuant to this Agreement. 3. Voting. . Only Class A Members are entitled to vote on any matters. Class A Members shall vote in proportion to their respective Membership Interests. Unless otherwise provided herein, for "the purposes of this Agreement, any action requiring a vote, consent, or approval of a majority of the outstanding Class A Membership Interests shall be authorized if Class A 2 .Case Document 525-2 Filed 02/23/19 Page 335 of 577 Members holding more than ?fty percent of the outstanding Class A Membership Interests, vote for, consent to or approve, such action. 4-. Action Without a Meeting. Any act-ion required or permitted to be taken at a meeting of the Class A Members may be taken without a meeting if the action is taken by Class A Members holding all of the outstanding Class A Membership Interests entitled to vote. Such an action without meeting shall be evidenced by a written consent signed by all Class A Members as required and filed with the Company's records. 5. Con?icts oflnterest. . A Member does not violate a duty or obligation to the Company merely because the Member?s conduct furthers the Member?s own interest. A Member may lend money to and . transact other business with the Company. The rights and obligations of a Member who .lends money to or transacts business with the Company are the same as those of a person who is not a Member, subject to applicable law. No transaction with the Company shall be voidable solely because a Member has either a direct or indirect interest in the transaction if either the transaction is fair to the Company, or if, knowing the material facts of the transaction, the majority of the Class A Members authorize, approve or ratify the transaction 6. Other Activities. Except as otherwise provided herein, any Member may engage in or possess any interest in other businesses of any nature and description, independently or with others and neither the Company nor any Member shall have any rights in or to any such independent venture or the income or profits derived therefrom, provided, however, that no Member shall engage in any independent venture or opportunity which competes with the business of the Company unless he has ?rst presented such Opportunity to the Company and a majority of the Class A Members have voted to decline such business Opportunity on behalf of the Company. 7. Right to Transfer Membership Interest. No Class A Member shall-have the right to transfer, hypothecate, mortgage, sell, exchange, assign or otherwise dispose of or grant-an interest in (collectively "transfer?) all or part of his Membership Interest to a third party or parties, including the Member?s interest in any part of the Company's assets, receivables, records, documents records, files or clientele,_all such rights and interests of such Member being personal to him and not transferable and not assignable. Nothing herein shall prevent a Class A from selling back to the Company all or a portion of its Membership Interest under the terms of an option contained in a written Agreement with the Company. -Case Document 525-2 Filed 02/23/19 ?Page 336 of 577 Notwithstanding the foregoing, each Member agrees not to transfer all or any part Of a Membership Interest [or take or omit any action, filing election or other action which could result in a deemed transfer] if such transfer (either considered alone or in the aggregate with prior transfers by other Members] would result in the termination of the Company for Federal Income tax purposes. Such transfer is void ab initio. 8. Liability of Members. No Member shall be liable as such for the liabilities of the Company. The failure of the Company to observe any formalities or requirements relating to the exercise of its powers or management of its business or affairs under this Agreement or the Act shall not be grounds for imposing personal liability on any of the Members. 9. Indemni?cation. . The Company shall indemnify the Members for all costs, losses, liabilities and damages paid or accrued by such Member in connection with the business of the Company for acts or omissions which do not violate the standard of care set forth immediately below. 10. Members' Standard of Care. Each Member's duty of care in the discharge of the Member=s duties to the Company and the other Members, including the duty of the Managing Member[s], is limited to refraining from engaging in grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of law. Members shall be fully protected in relying in good faith upon the records of the Company and upon such opinions reports or statements made by other Members or other person as to matters the Member reasonably believes to be 1n that person=s professional or expert competence. 1 1. Miscellaneous Member leigatigns. It shall be the duty of each Member to act at all times consistently with and 1n compliance with all and each of the provisions of this Agreement and with all policies, rules, and decisions of the Company adopted in accordance with the provisions of this Agreement. SECTION MANAGEMENT BY MANAGING MEMBER 1. Managing Member[ 5). There shall be one Managing Member [also referred to herein as ?Manager"]. Only a Class A Member may be a Managing Member. All decisions concerning the business affairs of the Company shall be made by the Managing Member. Case Document 525-2 Filed 02/23/19 ?Page 337 of 577 The initial Managing Member, any one of whom has the authority individually and without the signature of the other Managing Member, to bind the company, shall be: Paul]. Manafort Any vacancy in the office of the Manager shall be filled by vote of the Majority of Class A Members. 2. Term of Managing Memberts I. Each Managing Member shall serve until the earliest of: The Withdrawal of such Managing Member; The Resignation of such Managing Member; Removal of the Managing Member as provided for by this Agreement; or The election and qualification of the Managing Member's successor by a Majority of the Class A Members. 3. Authority of Members to Bind the Company. Only the Managing Member and agents of the Company authorized by the Managing Member shall have the authority to bind the Company. No Member who is not either a Managing Member or otherwise specifically authorized by a Managing Member in writing to act as an agent shall take any action to bind the Company, and each Member shall indemnify the Company for any costs or damages incurred by the Company as a reSult of the unauthorized action of such Member. Each Managing Member has the power, on behalf of the Company, to do all things necessary or convenient to carry out the business and affairs of the Company. 4. Agents of the Company Unless stated otherwise herein, the Managing Member designates and authorizes Richard W. Gates as an authorized agent to act in all respects on behalf of the Company. 5. Third Barty Reliance. Notwithstanding the failure of the Managing Members to reach a consensus on any management matter, no person dealing with the Company shall have any 'obligation to inquire into the power or authority of any Managing Member acting on behalf of the Company when that act is for the purpose of apparently carrying on the usual business or affairs of the Company, including the exercise of the authority indicated herein. 1 6. Removal of Managing Member. A Managing Member may be removed by the affirmative vote of a Majority of the Class A Members, for cause only. ?For cause" means willful misconduct or fraud. Case Document 525-2 Filed 02/23/19 Page 338 of 577 SECTION IV CAPITAL CONTRIBUTIONS AND FINANCIAL OBLIGATIONS 1. Initial Capital Contributions. The capital contributions of the Members are as set forth on Attachment A. Such capital may be used for any lawful purpose. 2. Additional Contributions. The Managing Member may arrange for the provision of such additional funds as are deemed necessary to conduct the Company?s business. Such additional funds may be raised by loan to the Company from an outside source or by a loan or capital contribution to the Company by one or more Members. 3. No Interest On Contributions. No Member shall be entitled to interest on his capital contribution. 4. Return of Capital Contributions. No Member shall be entitled to withdraw any part of his capital contribution or capital account or to receive any distribution from the Company, except as specifically provided for in this Agreement. Except as otherwise provided herein there shall be no. obligation to return to any Member or withdrawn Member any part of such Member?s Capital contributions to the Company for so long as the Company remains in existence. If the Company is continued by unanimous consent of the remaining Members following the death, disability or withdrawal of a Member, the former Member shall continue to receive the share of the distributions and return of capital at such time and in such manner as such party would have received the distributions had such former party remained a member of the Company. 5. Loans Not to be Treated as Capital Contributions. Loans or advances by any Member to the Company shall not be considered capital contributions and shall not increase the capital account balance of the lending or advancing Member. 6. Limited Liability. Except as otherwise provided' in this Agreement, no Member shall be required under any circumstances to contribute or lend money or pr0perty to the Company. 7. Guaranty of Company Indebtedness. A Member shall not be obligated to guarantee the Company indebtedness or other contractual obligations unless he agrees to do so. Case Document 525-2 Filed 02/23/19 ?Page 339 of 577 8. No Third Pam Beneficiaries. The provisions of this Agreement relating to. the ?nancial obligations of Members are not intended for the bene?t of any creditor or other person to whom any debts, liabilities or obligations are owed by or who otherwise have any claim against the Company or any of the Members, and, except for Members, no creditor or other person shall obtain any right under any such provisions or shall by reason of any such provisions make any claim with respect to any debt, liability or obligation (or otherwise) against the Company or any of its Members. SECTION DISTRIBUTION OF CASH AND PROPERTY 1. Distribution of Net Cash Flow. The term ?net cash ?ow" for a fiscal year shall mean: All cash receipts as shown on the books of the Company (excluding, however, capital contributions from members, net proceeds to the Company from the sale or the disposition of substantially all of the assets, condemnation process, and excess title, property, casualty, or liability insurance proceeds, if any, for the restoration or repair of the Company assets), reduced by cash disbursements for Company purposes including interest and principal upon loans, and cash reserves set aside by the Managing Members which the Managing Members deem necessary in their discretion to accomplish the Company?s business purpose, plus any other funds, including the amounts previously set aside as reserves for distribution as net cash ?ow. 2. Priority of Distribution. The net cash ?ow of the Company for a fiscal year shall be paid out to the Members pro rata in accordance with their respective Membership Interests at such time as the Managing Member[s] determines. 3. Distribution of the Proceeds of Dissolution. . If the Company dissolves, the net proceeds of dissolution, including any accompanying sale of Company assets, shall be distributed in the following order of priority: First, toward the satisfaction of all outstanding debts and other obligations of the Company, including "Members, who are creditors, then pro rata among those members with a positive capital account balance, after adjustments for the above distributions, and tax allocations for the current fiscal year, in proportion to their respective capital accounts. Case Document'525-2 Filed 02/23/19 Page 340 of 577 SECTION VI FEDERAL AND STATE TAX MATTERS 1. Maintenance ofMembers? Cap1ta1 Accopnt With respect to each Member a separate ?Capital Account? for such Member shall be established and maintained throughout the full term of the Company in accordance with applicable Treasury Regulations that must be complied with in order for the allocations of taxable pro?ts and losses provided in this Agreement to have Aeconomic effect@ under applicable Treasury Regulations. 2. Allocations of Profits and Losses of the Company. The Company=s net income or loss for a fiscal year computed in accordance with applicable federal income tax accounting principles shall be allocated among the Members in accordance with their respective Membership Interests. 3. Spgcial Tax Allocation. Notwithstanding anything to the contrary contained in this Agreement the Company shall comply with IRS Section 704 and Treasury Regulation section 1. 704 with respect to all applicable tax allocations. 4. Tax Year and Accounting Matters. The taxable year of the Company shall be the calendar year. The Company shall adopt such methods of accounting and file its tax returns using the methods of accounting determined upon the advice of the accountant servicing the books and records of the Company. 5. Tax Elections. The Company may make or revoke all tax election-s provided for under the Internal Revenue Code upon a decision by the Manager[s] on the advice of the accountant servicing the books and records of the Company. SECTION VII TERM AND TERMINATION OF THE COMPANY 1. Term of the Company. The term of the Company commenced upon the ?ling of the Certificate of Formation with the Delaware Secretary of State and shall continue in perpetuity, unless sooner dissolved and terminated as provided 1n this Agreement. 2. Events of Termination. The Company shall be dissolved upon the occurrence of any of the following events: - Case Document 525-2 Filed 02/23/19 "Page 341 of 577 The determination in writing of the Managing Members to dissolve and terminate the Company; The sale, transfer or assignment of all or substantially all of the assets of the . Company, The adjudication of the Company as insolvent or the ?ling of an involuntary petition in bankruptcy, or reorganization, against the Company which IS not dismissed within 90 days, or the appointment for the company of a temporary or permanent receiver trustee, custodian and such receiver, trustee or custodian' Is not dismissed within 90 days; Entry of a decree of dissolution; The death, retirement, dissolution, termination, resignation, insanity, insolvency of a Member, unless within 6 months of such event the Class A Members by a majority agree to continue the company and, if the death is that of a Managing Member, select a new Managing Member, in which event the Company shall not be dissolved and the Company business shall be continued. [0 When so determined 1n accordance with other speci?c provisions of this Agreement, As otherwise required by applicable law. 3. Conclusion of Affairs. In the event of a dissolution of the Company for any reason, the Members shall proceed to wind up the affairs and liquidate the Company. Except as otherwise provided . in the Agreement, the Members shall continue to share in the distributions and the tax allocations during the period of liquidation in the same manner as before the dissolution. After paying or providing for the payment of all debts and liabilities of the Company and all expenses of liquidation, the proceeds of liquidation shall be distributed to or for the benefit of Members in accordance with this Agreement. 4. Liciuidatinar Distributions. After paying for or providing for the payment of all debts or liabilities of the Company and all the expenses of liquidation, and subject to the setting up of reserves the majority of Class A Members deem necesSary for any contingent or unforeseen liabilities or obligations of the Company, the proceeds of the liquidation and any other assets of the Company shall be distributed of the bene?t of the Members in accordance with this Agreement. 5. Tomlin?mi. Within a reasonable time following the completion of the liquidation of the Company, the Company shall terminate and any Member shall have the authority to execute and ?le with any appropriate state authority a Certificate of Cancellation of the Company or any similar documentation required by such authority. Case Document 525-2 Filed 02/23/19 ?Page 342 of 577 SECTION ADMISSION AND WITHDRAWAL OF MEMBERS 1. Admissign. No Member shall be added without unanimous written consent of the Managing Members. 2. Expulsion. Any Member may be expelled from the Company by action of the Class A Members holding a majority of the outstanding Membership Interests entitled to be voted, upon a default of such Member of any of his obligations hereunder, if such default continues for a period of 30 days after notice thereof is given to him by the Company. 3. Withdrawal. . No Member shall have the right to voluntarily resign or otherwise withdraw from the Company without the unanimous written consent of the Managing Member. Notwithstanding the consent to withdraw, no member shall be entitled to receive any compensation or distribution with respect to the withdrawal, except as otherwise provided herein. - 4. Effect of Withdrawal or Expulsion. . 0n and as of the effective date of withdrawal or expulsion from the Company under the provisions of this Agreement, such former Member shall cease to have any Membership Interest, or other rights, status or privileges of a Member, butsuch former Member shall not be released or discharged from any of the obligations of a Member under the provisions of this Agreement, unless provided in the written Consent of Members holding all of the outstanding Class A Membership Interests entitled to be voted. 5. Purchase of Membership Interests Upon Expulsion, Withdrawal or Death of Member. Upon the Expulsion, Withdrawal or Death of a Member, that Member=s Membership Interest shall be purchased by the Company for a purchase price equal to the Fair Market Value of the Member=s Interest. The Fair Market Value shall be determined by agreement betWeen the Member [or his Personal Representative) and the Company, which agreement is subject to unanimous approval of the remaining Class A Members of the Company. If an agreement with respect to Fair Market Value cannot be reached within 60 days of the death, withdrawal or expulsion, the Fair Market Value shall be determined by appraisal. The Class A Members and the Member [or his personal representative) shall choose an appraiser and the two appraisers shall choose a third appraiser. The decision of the Majority of the appraisers as to the fair market value of the Membership Interests shall be final and binding. Each party shall pay for its his appraiser and the third appraiser fee shall be shared by the both parties. 10 - Case Document 525-2 Filed 02/23/19 Page 343 of 577 SECTION IX ADMINISTRATIVE PROVISIONS 1. Books Records Accounts. The Manager(s] shall cause faithful books and records to be kept using standard accounting procedures when applicable. The books and reCOrds shall be kept in the Company's principal office. Only the Manager(s] shall be signatory on the bank accounts of the Company. 2. Notice. Unless otherwise provided herein, any offer, acceptance, election, approval consent, certi?cation, request, waiver, notice or other communication required or permitted to be given hereunder (collectively Anotice?) shall be given by enclosing same in an envelope addressed to the Member to whom the Notice is to be given and deposited in the US Mail postage prepaid to the Member at such address listed in Attachment A, or at such other address as requested by the Member. I SECTION ARBITRATION Any matter that arises'involving the performance or interpretation of this Operating Agreement that the Members are unable to settle by mutual agreement, or arises -as the result of an unsuccessful mediation as required in the case of a management diSpute between the Managing Members, shall be settled by a panel of three Arbitrators. One Arbitrator shall be appointed by each managing Member and the third Arbitrator shall be appointed by the two appointed Arbitrators. The arbitration proceeding shall be conducted in accordance with the prevailing Commercial Arbitration Rules and Regulations of the American Arbitration Association. The decision of a majority of said Arbitrators shall be ?nal and binding on all parties to this Agreement. The decision so rendered may be entered in any court having jurisdiction. The Arbitrators shall not have authority to award punitive or other non-compensatory damages to any party. Each party shall bear its own costs and expenses of the arbitration; the costs and expenses of the arbitrators and the administrative costs of the arbitration will be equally shared by the parties. SECTION IX MISCELLANEOUS PROVISIONS 1. Amendment. . - This Agreement, including any Attachments attached hereto, represent the entire Agreement of the Members with respect to the matters covered herein. Except as provided by law or otherwise provided herein, this Agreement shall only be amended by unanimous written consent of the Class A Members. 11 Case Document 525-2 Filed 02/23/19 ?Page 344 of 577 2. Interpretation. Whenever the context may require, any noun or pronoun used herein shall include the corresponding masculine, feminine or neuter forms. The singular form of nouns, pronouns and verbs shall include the plural, and vice versa. 3. Severabiligg. Each provision of this Agreement shall be considered severable. If for any reason any provision or provisions hereof are determined to be invalid or contrary to existing or future law, such invalidity shall not impair the operation or affect those portions of this Agreement which are vaIid, and the Agreement shall remain in full force and effect and shall be construed and enforced in all reSpects as if such invalid or unenforceable provision or provisions had been eliminated. 4. Further Assurances. Each Member hereby agrees that he shall hereafter execute and deliver such further instruments, provide all information, and take or forebear from taking such further actions and things as may be reasonably required or useful to carry out the intent and purpose of this Agreement and as are not inconsistent with the terms hereof. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the date above written. MEMBERS: Class A Members: Paul]. Manafort Paul]. Manafort, its Managing Member I AUTHORIZED AQENT: BY: Richard W. Gates 12 Case Document 525-2 Filed 02/23/19 Page 345 of 577 ATTACHMENT A Member Name/ Membership Initial Capital Contribution .Initial Capital Class/ Contribution Address Interest Class A Member[s): Paul I. Manafort 100% 10 St. James Drive Palm Beach Gardens, FL TOTALS 100% 13 (Cash) (In Kind] Case 20age 346 of 577 Department (if-?15m Short Form Registration Statement DC 30530 Pursuant to the Foreign Agents Registration Act of 1938, as amended INSTRUCTIONS. Each partner. of?cer. director. associate, etnployee. and agent of a registrant is required to ?le a short form registration statement unless he engages in no activities in furtherance of the interests of the registrant's foreign principal or unless the services he renders to the registrant are in a secretarial, clerical. or in a related or similar capacity. Compliance is accomplished by ?ling an electronic short form registration statement at Euggoy, Privacy Act Statement. The ?ling ofthis document is required for the Foreign Agents Registration Act of I 938. as amended, 22 U.S.C. 61 et seq.. For the purposes of registration under the Act and public disclosure. Provision of the information requested is mandatory. and failure to provide the in Formation is subject to the penalty and enforcement provisions established in Section 8 of the Act. Every registration statement, short form registration statement, supplemental statement, exhibit, amendment, copy of informational materials or other document or information filed with the Attorney General under this Act is a public record open to public examination, inspection and copying during the posted business hours ofthe Registration Unit in Washington, DC. Statements are also available online at the Registration Unit's wcbpage: .gnv. One copy of every such document. other than informational materials, is automatically provided to the Secretary of State pursuant to Section 6(b) of the Act. and copies of any and all documents are routinely made available to other agencies, departments and Congress pursuant to Section 6(c) ofthe Act. The Attorney General also transmits a semi-annual report to Congress on the administration of the Act which lists the names ot?all agents registered under the Act and the foreign principals they represent. This report is available to the public and online Public Reporting Burden. Public reporting burden for this collection ol?information is estimated to average .429 hours per response. including the time for reviewing instructions. searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection ofin formation. Send comments regarding this burden estimate or any other aSpect ofthis collection ofinformation. including suggestions for reducing this burden to Chief, Registration Unit, Counterintelligence and Export Control Section. National Security Division, US. Department of Justice. Washington, DC 20530; and to the Office oflnformation and Regulatory Affairs. Of?ce of Management and Budget. Washington, DC 20503. 1. Name 2. Registration No. ?t Paul J. Manafort Cf; 3. Residence Address(es) 4. Business Address(es) 10 St. James Drive DMP International, LLC Palm Beach Gardens, FL 33418 10 St. James Drive Palm Beach Gardens, FL 33418 5. Year ofBitth 1949 6. lfpresent citizenship was not acquired by birth, indicate when, and how acquired. Nationality USA n/a Present Citizenship USA 7. Occupation Attorney and Businessman 8. What is the name and address of the primary registrant? 10 St. James Drive 29 ?1 Mel L2 9. Indicate your connection with the primary registrant: partner director El employee consultant of?cer associate [3 agent subcontractor El other (specify 10. List every foreign principal to whom you will render services in support of the primary registrant. Ukrainian Party of Regions l. Describe separately and in detail all services which you will render to the foreign principal(s) listed in Item to either directly, or through the primary registrant listed in Item 8, and the date(s) of such services. (If Space is im'u?icient. afu? insert page must be used.) Please see attached FORM NSD-6 Revised 05?? Case Document 525-2 Filed 02/23/19 Page 347 of 577 12. Do any of the above described services include political activity as defined in Section 1(0) of the Act and in the footnote below? Yes No If yes, describe separately and in detail such political activity. Please see attached 13. The services described in Items I and IE are to be rendered on a 31 full time basis Cl part time basis Special basis l4. What compensation or thing of value have you received to date or will you receive for the above services? Cl Salary: Amount per Cl Commission at of Salary: Not based solely on services rendered to the foreign principal(s). Other thing ofvalue El Fee: Amount IS. During the period beginning 60 days prior to the date ofyour obligation to register to the time offtling this statement. did you make any contributions of money or other things of value from your own funds or possessions and on your own behalf in connection with any election to political office or in connectiou with any primary election, convention, or caucus held to select candidates for any political of?ce? Yes El No El lfyes. furnish the following information: Date Amount or Thing of Value Political Organization or Candidate Location of Event EXECUTION in accordance with 28 U.S.C. 1746, the undersigned swears or af?rms under penalty of perjury that he/she has read the information set forth in this registration statement and that he/she is familiar with the contents thereof and that such contents are in their entirety true and accurate to the best of his/her knowledge and belief. 6' 7-9- ?2 (Date of signature) Signet .- gs. 7' .: :32 (J1 Footnote: ?Political activity." as de?ned in Section l(o) ofthe Act means any activity which the person engaging in believes will, or that the person intends to. in any way in?uence any agency or of?cial ofthe Government ofthc United States or any section ofthc public Within the United States with reference to formulating. adopting. or changing the domestic or foreign policies oflhe United States or with reference to the political or public interests. policrcs. or relattons ofa government ofa country or a foreign political party. *Case Document 525-2 Filed 02/23/19 2 Page 348 of 577 Question 11 Focused on electing Party of Regions' candidates at the national and regional levels in the Ukraine by implementing pro-democratic campaign activities engaging in party building activities, developing a party platform and political agenda, and implementing election planning, election integrity, and international election monitoring programs. Provided strategic counsel and advice to members of the Party of Regions regarding their interactions with US. government officials and other Western in?uential persons to advance the goal of greater political and economic integration between the Ukraine and the West. Communicated with the U5. Embassy in Kiev regarding developing events in the Ukraine. Question 12 Provided strategic counsel and advice to members of the Party of Regions regarding their interactions with US. government of?cials and other Western influential persons to advance the goal of greater political and economic integration between the Ukraine and the West. Case ?age 349 of 577 u.s. Department ofJusticc Short Form Registration Statement Washington. DC 20530 Pursuant to the Foreign Agents Registration Act of 1938, as amended INSTRUCTIONS. Each partner. of?cer, director. associate, employee, and agent ofa registrant is required to file a short form registration statement unless he engages in no activities in furtherance ofthe interests of the registrant's foreign principal or unless the services he renders to the registrant are in a secretarial, clerical, or in a related or similar capacity. Compliance is accomplished by ?ling an electronic short form registration statement at .5103. Privacy Act Statement. The ?ling ofthis document is required for the Foreign Agents Registration Act of 1938, as amended, 22 U.S.C. 611 etseq., for the purposes of registration under the Act and public disclosure. Provision of the information requested is mandatory, and failure to provide the information is subject to the penalty and enforcement provisions established in Section 8 of the Act. Every registration statement, short form registration statement, supplemental statement. exhibit, amendment, copy ofinformational materials or other document or information filed with the Attorney General under this Act is a public record open to public examination, inspection and copying during the posted business hours ofthe Registration Unit in Washington, DC. Statements are also available online at the Registration Unit's One copy of every such document, other than informational materials, is automatically provided to the Secretary of State pursuant to Section 6(b) of the Act, and copies ofany and all documents are routinely made available to other agencies, departments and Congress pursuant to Section 6(c) of the Act. The Attorney General also transmits a semi-annual report to Congress on the administration ofthe Act which lists the names of all agents registered under the Act and the foreign principals they represent. This report is available to the public and online at: Public Reporting Burden. Public reporting burden for this collection ofinformation is estimated to average .429 hours per response, including the time for reviewing instructions. searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to Chief. Registration Unit. Counterintelligence and Export Control Section, National Security Division, US. Department of Justice, Washington. DC 20530: and to the Of?ce of Information and Regulatory Affairs, Of?ce of Management and Budget, Washington. DC 20503. I. Name 2. Registration No. 1 ax Richard W. Gates, (at; LIL- 3. Residence Address(es) 4. Business Address(es) 206 Virginia Avenue DMP International, LLC Richmond, VA 23226 10 St. James Drive Palm Beach Gardens, FL 33418 5. Year ofBirth 1972 6. prresent citizenship was not acquired by binng 7: indicate when, and how acquired. 5, a L- Nationaltty USA n/a Present Citizenship USA 7. Occupation Political Consultant I a I 8. What 15 the name and address of the primary registrant? 10 St. James Drive 01 Name DMP International, LLC Address Palm Beach Gardens, Fl. 33413 9. Indicate your connection with the primary registrant: Cl partner director employee consultant of?cer associate [1 agent subcontractor other (specbjz) l0. List every foreign principal to whom you will render services in support of the primary registrant. Ukrainian Party of Regions 1 l. Describe separately and in detail all services which you will render to the foreign principal(s) listed in Item 10 either directly, or through the primary registrant listed in Item 8, and the date(s) of such services. (If space is insn/j?iciem, a?tll insert page must be used.) Please see attached FORM NSD-6 Revised 05/17 Case Document 525-2 Filed 02/23/19 Page 350 of 577 Do any of the above described services include political activity as de?ned in Section 1(0) of the Act and in the footnote below? 12. Yes No If yes, describe separately and in detail such political activity. Please see attached 13. The services described in Items rendered on a 1:1 special basis full time basis part time basis 14. What compensation or thing of value have you received to date or will you receive for the above services? 1:1 Salary: Amount per 1:1 Commission at of 13.1 Salary: Not based solely on services rendered to the foreign principal(s). Other thing ofvalue Fee: Amount 5 15. During the period beginning 60 days prior to the date ofyour obligation to register to the time of ?ling this statement, did you make any contributionsof money or other things of value from your own funds or possessions and on your own behalf in connection with any election to political of?ce or in connection with any primary election, convention, or caucus held to select candidates for any political of?ce? Yes 1:1 No El lfyes, furnish the following information: Location of Event Political Organization or Candidate Date Amount or Thing of Value EXECUTION In accordance with 28 U.S.C. 1746, the undersigned swears or affirms under penalty of perjury that he/she has read the information set forth in this registration statement and that he/she is familiar with the contents thereof and that such contents are in their entirety true and accurate to the best of his/her knowledge and belief. - a] 24 (Date of signature) (?figurine-e) LC. rs ~54 (II Footnote: "Political activity." as de?ned in Section 1(0) ofthc Act. means any activity which the person engaging in believes will. or that the person intends to. in any way in?uence any agency or official ofthe Government ofthc United States or any section ofthe public within the United States with reference to adopting. or changing the . domestic or foreign policies ofthe United States or with reference to the political or public interests. policies, or relations ofa government ofa foreign country or a foreign political party. Case Document 525-2 Filed 02/23/19 Page 351 of 577 Question 11 Focused on electing Party of Regions' candidates at the national and regional levels in the Ukraine by implementing pro-democratic campaign activities, engaging in party building activities, developing a party platform and political agenda, and implementing election planning, election integrity, and international election monitoring programs. Provided strategic counsel and advice to members of the Party of Regions regarding their interactions with US. government officials and other Western influential persons to advance the goal of greater political and economic integration between the Ukraine and the West. Provided strategic advice to the European Centre for a Modern Ukraine, which was also working for the same purpose. Question 12 Provided strategic counsel and advice to members of the Party of Regions regarding their interactions with US. government officials and other Western influential persons to advance the goal of greater political and economic integration between the Ukraine and the West. Provided strategic advice to the European Centre for a Modern Ukraine, which was also working for the same purpose. EI-lli 2 Mill" LIUZ 29 Case 1: 17- c-r- -OO-201 ABJ Document 525- 2 Filed 02/23/19 Page 352 of 577 OMB No.1 l-24 0002; Expires May.) U.S. Department ofJustice supplemental Statement Washington. DC 20530 Pursuant to the Foreign Agents Registration Act of 1938, as amended For Six Month Period Ending 6/30/2012 (Insert dale] I- REGISTRANT l. Name of Registrant Registration No i i i4! Li DMP International. LLC (0) Business Address(es) of Registrant 10 St. James Drive Palm Beach Gardens, FL 33418 2. Has there been a change in the information previously furnished in connection with the following? [fan individual: (1) Residence address(es) Yes El No (2) Citizenship Yes No (3) Occupation Yes No El lfan organization: (1) Name Yes No 51' (2) Ownership or control Yes No (3) Branch of?ces Yes No I: Explain fully all changes, if any, indicated in Items and above. I ZS it'd IF THE REGISTRANT IS AN INDIVIDUAL, OMIT RESPONSE TO ITEMS 3, 4, AND 3. lfyou have previously ?led Exhibit state whether any changes therein have occurred during this 6 month reporting period. Yes CI No Ifyes, have you ?led an amendment to the Exhibit Yes No If no, please attach the required amendment. I The Exhibit C. For which no printed form is provided. consists ofa true copy ofthe charter. articles ot'incorporation. association. and by laws Ufa registrant that is an organization. (A waiver of the requirement to ?le an Exhibit may be obtained for good cause upon written application to the Assistant Attorney General. National Security Division. U.S. Department ofJustice. Washington. DC 20530.] FORM NSD-Z Revised .Case Document 525-2 Filed 02/23/19 ?Page 353 of 577 (PAGE 2) 4. Have any persons ceased acting as partners, of?cers, directors or similar of?cials of the registrant during this 6 month reporting period? Yes No I If yes, furnish the following information: Name Position Date Connection Ended Have any persons become partners, officers, directors or similar of?cials during this 6 month reporting period? Yes No If yes, ?Jrnish the following information: Name Residence Address Citizenship Position Date Assumed 5. Has any person named in Item 4(b) rendered services directly in furtherance of the interests of any foreign principal? Yes NO El If yes, identify each such person and describe the service rendered. During this six month reporting period, has the registrant hired as employees or in any other capacity, any persons who rendered or will render services to the registrant directly in furtherance of the interests of any foreign principal in other than a clerical or secretarial, or in a related or similar capacity? - Yes No Name Residence Address Citizenship Position Date Assumed (0) Have any employees or individuals, who have ?led a short form registration statement, terminated their employment or connection with the registrant during this 6 month reporting period? Yes No El If yes, furnish the following information: Name Position or Connection Date Terminated Have any employees or individuals, who have ?led a short form registratiou statement, terminated their connection with any foreign principal during this 6 month reporting period? Yes El No If yes, furnish the following information: Name Position or Connection Foreign Principal Date Terminated 6. Have short form registration statements been ?led by all of the persons named in Items 5(a) and 5(b) of the supplemental statement? Yes El No . If no, list names of persons who have not ?led the required statement. .Case Document 525-2 Filed 02/23/19 3 Page 354 of 577 3) FOREIGN PRINCIPAL 7. Has your connection with any foreign principal ended during this 6 month reporting period? Yes No If yes, furnish the followingvinfonnation: Foreign Principal Date of Termination 8. Have you acquired any new foreign principal(s)2 during this 6 month reporting period? Yes No El If yes, furnish th following information: Name and Address of Foreign Principal(s) Date Acquired 9. In addition to those named in Items 7 and 8, if any, listlforeign whom you continued to represent during the 6 month reporting period. Ukrainian Party of Regions 10. Have you ?ied exhibits for the newly acquired foreign principal(s), if any, listed in Item 8? Exhibit A3 Yes No Exhibit B4 Yes El No If no, please attach the required exhibit. Have there been any changes in the Exhibits A and previously ?led for any foreign principal whom you represented during this six month period? Yes No If yes, have you ?led an amendment to these exhibits? Yes No If no, please attach the required amendment. 2 The term "foreign principal" includes, in addition to those de?ned in Section Nb) of the Act, an individual organization any of whose activities are directly or indirectly supervised, directed, controlled. ?nanced, or subsidized in whole or in major part by a foreign govemrnent, foreign political party, foreign organization or foreign individual. (See Rule [00(a) A registrant ?the represents more than one foreign principal is required to list in the statements he ?les under the Act only those principals for whom he is not entitled to claim exemption under Section 3 of the Act. (See Rule 208.) 3 The Exhibit A, which is filed on Form sets forth the information required to be disclosed concerning each foreign principal. at The Exhibit B, which is ?led on Form NED-4, sets forth the information concerning the agreement or understanding between the registrant and the foreign principal. .Case 1:17-0r-00201-i3ig3 Document 525-2 Filed 02/23/19 ?Page 355 of 577 (more 4) - ACTIVITIES 11. During this 6 month reporting period, have you engaged in any activities for or rendered any services to any foreign principal named in Items 8, or 9 of this statement? Yes No CI If yes, identify each foreign principal and describe in full detail your activities and services: Focused on electing Party of Regions' candidates at the national and regional levels in the Ukraine for the 2012 legislative election and 2012 local elections by implementing pro-democratic campaign activities, engaging in party building activities, developing a party platform and political agenda, and Implementing election planning, election integrity, and international election monitoring programs. Communicated with the U.S. Embassy in Kiev regarding developing events in Ukraine. Provided strategic counsel and advice to members of the Party of Regions regarding their interactions with U.S. government officials and other Western influential persons to advance the goal of greater political and economic integration between the Ukraine and the West. Provided advice to the European Centre for a Modern Ukraine, which was also working for the same purpose. 12. During this 6 month reporting period, have you on behalf of any foreign principal engaged in political activity5 as de?ned below? Yes No IE I If yes, identify each such foreign principal and describe in ?ill detail all such political activity, indicating, among other things, the relations, interests and policies sought to be in?uenced and the means employed to achieve this purpose. If the registrant arranged, sponsored or delivered speeches, lectures or radio and TV broadcasts, give details as to dates, places of delivery, names of speakers and subject matter. Please Note: The information contained in this ?ling, including but not limited to descriptions of activities giving rise to the Registrant?s present registration and/or contemporaneous ?nancial receipts or disbursements, reflect only Registrant's best recollection of relevant events and such records currently available, to the knowledge and belief of the Registrant, for review by the Registrant and his legal counsel. The Registrant may amend and/or supplement such disclosures should additional, relevant information become available. 13. In addition to the above described activities, if any, have you engaged in activity on your own behalf which bene?ts your foreign Yes El No if yes, describe fully. 5 "Political activtly." as defined in Section of the Act, means any activity that the person engaging in believes will, or that the person intends to, in any way in?uence any agency or of?cial of the Government of the United States or any section of the public within the United States with reference to formulating, adopting or changing the domestic or foreign policies ofthe United States or with reference to political or public interests, policies, or relations of a government of a foreign country or a foreign political party. .. .Case Document 525-2 Filed 02/23/19 3 Page 356 of 577 (paces) IV - FINANCIAL INFORMATION 14. During this 6 month reporting period, have'you received from any foreign principal named in Items 7, 3, or 9 of this statement, or from any other source, for or in the interests of any such foreign principal, any contributions, income or money either as compensation or otherwise? Yes No El If no, explain why. If yes, set forth below in the required detail and separately for each foreign principal an account of such monies" Date From Whom Purpose Amount Please see attached. Total RECEIPTS - FUNDRAISING CAMPAIGN During this 6 month reporting period, have you received, as part of a fundraising campaign", any money on behalf of any foreign principal named in Items 7, 8, or 9 of this statement? Yes No El If yes, have you ?led an Exhibit D8 to your registration? Yes No If yes, indicate the date the Exhibit was ?led. Date RECEIPTS-THINGS OF VALUE During this 6 month reporting period, have you received any thing of value9 other than money from any foreign principal named in Items 7, 8, or 9 of this statement, or from any other source, for or in the" interests of any such foreign principal? Yes No if yes, furnish the following information: Foreign Principal Date Received Thing of Value Purpose 6, 7 A registrant is required to ?le an Exhibit if he collects or receives centn?butions, loans, moneys, or other things of value for a foreign principal, as part ofa fundraising campaign. (See Rule 20103)). -8 An Exhibit D, for which no printed form is provided, sets forth an account of money collected or received as a result of a fundraising campaign and transmitted for a foreign principal. 9 Things of value include but are not limited to gifts. interest free loans, expense free travel, favored stock purchases, exclusive rights, favored treatment over competitors, "kickbacks," and the like. -Case Document 525-2 Filed 02/23/19 \Page 357 of 577 (PAGE 6) 15. During this 6 month reporting period, have you (1) disbursed or expended monies in connection with activity on behalf of any foreign principal named in Items 7, 8, or 9 of this statement? Yes No (2) transmitted monies to any such foreign principal? Yes El No - If no, explain in full detail why there were no disbursements made on behalf of any" foreign principal. If yes, set forth below in the required detail and separately for each foreign principal an account of such monies, including monies transmitted, if any, to each foreign principal. Date To Whom Purpose Amount Please see attached. Total .Case Document 525-2 Filed 02/23/19 ?l Page 358 of 577 (PAGE 1) . DISBURSEMENTS-THINGS 0F VALUE . During this 6 month reporting period, have you disposed of anything of value"I other than money in furtherance of or in connection with activities on behalf of any foreign principal named in Items 7,8, or 9 of this statement? Yes No If yes, furnish the following information: Date Recipient Foreign Principal Thing of Value Purpose DISBURSEMENTS-POLITICAL CONTRIBUTIONS During this 6 month reporting period, have you from your own funds and on your own behalf either directly or through any other person, made any contributions of money or other things of valuell in connection with an election to any political of?ce, or in connecti0n with any primary election, convention, or caucus held to select candidates for political of?ce? Yes No If yes, fumish the following information: Date Amount or Thing of Value Political Organization or Candidate Location of Event 10, Things of value include but are not limited to gifts. interest free loans. expense free travel, favored stock purchases, exclusive rights, favored treatment over competitors, "kickbacks,? and the like. - -Case Document 525-2 Filed 02/23/191 Page 359 of 577 (PAGE 8) - INFORMATIONAL MATERIALS 16. During this 6 month reporting period, did you prepare, disseminate or cause to be disseminated any informational materials?12 Yes No El If Yes, go to Item 17. If you answered No to Item do you disseminate any material in connection with your registration? Yes El N0 {Xi If Yes, please forward the materials disseminated during the six month period to the Registration Unit for review. 17. Identify each such foreign principal. 18. During this 6 month reporting period, has any foreign principal established a budget or allocated a speci?ed sum of money to ?nance your activities in preparing or disseminating informational materials? Yes No if yes, identify each such foreign principal, specify amount, and indicate for what period of time. 19. During this 6 month reporting period, did your activities in preparing, disseminating or causing the dissemination of informational materials include the use of any of the following: Radio or TV broadcasts CI Magazine or neWSpaper Cl Motion picture ?lms Letters or telegrams Cl Advertising campaigns Press releases El Pamphlets or other publications Lectures or speeches El Other (speci?z) - Electronic Communications El Email CI Website CI Social media websites El Other (spect?r) 20. During this 6 month reporting period, did you disseminate or cause to be disseminated informational materials among any of the following groups: El 'Public officials CI Newspapers El Libraries El Legislators CI Editors I El Educational institutions CI Government agencies Civic groups or associations El Nationality groups El Other (specg?) 21. What language was used in the informational materials: CI English Other 22. Did you ?le with the Registration Unit, US. Department of Justice a c0py of each item of such informational materials disseminated or caused to be disseminated during this 6 month reporting period? Yes No 23. Did you label each item of such informational materials with the statement'required by Section 4(b) of the Act? Yes CI No El 12 The term informational materials includes any oral, visual, graphic, written, or pictorial information or matter of any kind, including that published by means of advertising, books, periodicals, newspapers. lectures, broadcasts, motion pictures, or any means or instrumentality of interstate or foreign commerce or otherwise. informational materials disseminated by an agent ofa foreign principal as part of an activity in itself exempt from registration, or an activity which by itself would not require registration. need not be ?led pursuant to Section 40:) of the Act. Case Document 525-2 Filed 02/23/19 Page 360 of 577 (PAGE 9) VI EXECUTION In accordance with 28 U.S.C. 1746, the undersigned swear(s) or af?rm(s) under penalty of perjury that he/she has (they have) read the information set forth in this registration statement and the attached exhibits and that he/she is (they are) familiar with the contents thereof and that such contents are in their entirety true and accurate to the best of his/her (their) knowledge and belief, except that the undersigned make(s) no representation as to truth or accuracy of the information contained in the attached Short Form Registration Statement(s), if any. insofar as such information is not within his/her (their) personal knowledge. (Date of signature(Print or type name under each Signature or provrde electromc Signature 3) 291?] Nd LZ Hill [3 This statement shall be signed by the individual agent. ifthe registrant is an individual. or by a majority ofthose partners. of?cers. directors or persons performing similar functions. ifthe registrant is an organization. except that the organization can. by power of attorney, authorize one or more individuals to execute this statement on its behalf. Case Document 525-2 Filed 02/23/19 Page 361 of 577 Question 14(a) Receipts Please Note: The information contained in this ?ling, including but not limited to descriptions of activities giving rise to the Registrant?s present registration and/or contemporaneous financial receipts or disbursements, reflect only Registrant?s best recollection of relevant events and such records currently available, to the knowledge and belief of the Registrant, for review by the Registrant and his legal counsel. The Registrant may amend and/or supplement such disclosures should additional, relevant information become available. Date Foreign Principal Purpose Amount 1/2012 Party of Regions Services Rendered $225,000.00 2/2012 Party of Regions Services Rendered $1,950,000.00 3/2012 Party of Regions Services Rendered $700,000.00 4/2012 Party of Regions Services Rendered $1,350,000.00 5/2012 Party of Regions Services Rendered $535,000.00 6/2012 Party of Regions Services Rendered $650,000.00 8/2012 Party of Regions Services Rendered $620,000.00 9/2012 Party of Regions Services Rendered $1,280,000.00 10/2012 Party of Regions Services Rendered $400,000.00 1 1/2012 Party of Regions Services Rendered $4,399,500.00 ZS lid LZl?l?Fll?Z .5 I 31-50. rCase Document 525-2 File-d 02/23/190 Page 362 of 577 Question 15(a) Disbursements Please Note: The information contained in this ?ling, including but not limited to descriptions of activities giving rise to the Registrant?s present registration and/or contemporaneous ?nancial receipts or disbursements, re?ect only Registrant?s best recollection of relevant events and such records currently available, to the knowledge and belief of the Registrant, for review by the Registrant and his legal counsel. The Registrant may amend and/or supplement such disclosures should additional, relevant information become available. Date Contractor Purpose Amount January June 2012 5/ 16/2012 Fabrizio Ward Associates LLC Polling and surveys $35,000.00 6/27/2012 Rabin Strasburg LLC . Media consulting services $91,693.00 July December 2012 7/31/2012 Rabin Strasburg LLC Consulting services and expenses $65,631.00 8/28/2012 Steven J. Brown Political and media outreach $20,000.00 8/31/2012 Rabin Strasburg LLC Media consulting services $74,265.00 9/4/2012 Fabrizio Ward Associates LLC Polling and surveys $73,500.00 10/1/2012 Rabin Strasburg LLC Media consulting services $53,899.00 10/1/2012 Steven J. Brown Political and media outreach $5,000.00 10/5/2012 Christopher Spence Election data analysis $10,000.00 10/5/2012 Clear Dialogue LLC Election integrity consulting services $10,500.00 10/31/2012 Clear Dialogue LLC Election integrity consulting services $10,500.00 10/31/2012 Rabin Strasburg LLC Media consulting services $83,832.00 1 1/7/2012 'Fabrizio Ward Associates LLC Polling and surveys $35,000.00 1 1/7/2012 Fabrizio Ward Associates LLC 13011ng and surveys $35,000.00 '1 1/19/2012 Clear Dialogue LLC Election integrity consulting services $12,000.00 1 1/19/2012 Clear Dialogue LLC Election integrity consulting services $6,935.44 1 1/29/2012 Fabrizio Ward Associates LLC 13011ng and surveys $35,000.00 1 1/29/2012 Steven J. Brown Political and media outreach $5,000.00 12/28/2012 Steven J. Brown Political 311d media outreach $5,000.00 Other Expenses Purpose I Amount January -- June 2012 Travel $648,840.83 Meals/Living Expenses . $88,404.45 July December 2012 Travel $769,928.53 Meals/Living Expenses $99,812.72 2951 lid LZ Hill? .Lli-iil .. - Case 363 of 577 US. Department ofJustice supplemental Statement Washinglon. DC 20530 Pursuant to the Foreign Agents Registration Act of 1938, as amended For Six Month Period Ending 12/31/2012 (Insert date} I - REGISTRANT I. Name of Registrant Registration No. DMP International, LLC Business Address(es) of Registrant 10 St. James Drive Palm Beach Gardens, FL 33418 2. Has there been a change in the information previously furnished in connection with the following? [fan individual: (1) Residence address(es) Yes Cl No (2) Citizenship Yes No (3) Occupation Yes El No If an organization: (I) Name Yes No if: (2) Ownership or control Yes No l: (3) Branch of?ces Yes No I (0) Explain fully all changes, ifany, indicated in Items and above. 29 ?i l-icl Lle?Fll?Z IF THE REGISTRANT IS AN INDIVIDUAL, OMIT RESPONSE TO ITEMS 3, 4, AND 3. If you have previously ?led Exhibit state whether any changes therein have occurred during this 6 month reporting period. Yes No El ifyes, have you ?led an amendment to the Exhibit Yes l:l No l:l If no, please attach the required amendment. I The Exhibit C. for which no printed ton-n is provided. consists ofa true copy of the Eliartcr, articles of Incorporation. assocratton, and by laws ofa registrant that IS an organization. (A waiver ofthc requirement to ?le an Exhibit may be obtained for good cause upon written application to the Assistant Attorney General. National Security Division. U.S. Department ofJuslicc, Washington. DC 20530.) FORM NSD-2 Revised 05! I 7 1 . Case Document 525-2 Filed,02/23/19" Page 364 of 577 (PAGE 2) 4. Have any persons ceased acting as partners, officers, directors or similar of?cials of the registrant during this 6 month reporting period? Yes El No l3] If yes, furnish the following information: Name Position Date Connection Ended Have any persons become partners, of?cers, directors or similar officials during this 6 mOnth reporting period? Yes No If yes, ?lrnish the following information: Name Residence Address Citizenship Position Date Assumed 5. Has anyperson named in Item 403) rendered services directly in ?lrtherance of the interests of any foreign principal? Yes No Cl if yes, identify each such person and describe the service rendered. During this six month reporting period, has the registrant hired as employees or in any other capacity, any perSOns who rendered or will render services to the registrant directly in ?lrtherance of the interests of any foreign principal(s) in other than a clerical or secretarial, or in a related or similar capacity? Yes No Name Residence Address Citizenship PositiOn Date Assumed (0) Have any employees or individuals, who have ?led a short form registration statement, terminated their employment or connection with the registrant during this 6 month reporting period? Yes El No IZI If yes, furnish the following information: Name . Position or Connection Date Terminated Have any employees or individuals, who have ?led a short form registration statement, terminated their connection with any foreign principal during this 6 month reporting period? Yes El No If yes, furnish the following information: Name. Position or Connection Foreign Principal I Date Terminated 6. Have short form registration statements been ?led by all of the persons named in items 5(a) and 5(b) of the supplemental statement? Yes No if no, list names of persons who have not filed the required statement. - Case Document 525-2 Filed 02/23/191; Page 365 of 577 (Paces) II - FOREIGN PRINCIPAL 7. Has your connection with any foreign principal ended during this 6 month reporting period? Yes No IE If yes, furnish the following information: Foreign Principal Date of Termination 8. Have you acquired any new foreign principal(s)2 during this 6 month reporting period? Yes El No El If yes, furnish th following information: Name and Address of Foreign Principal(s) Date Acquired 9. In addition to those named in Items 7 and 8, if any, list foreign principal(s)2 whom you continued to represent during the 6 month reporting period. Uktainia Party of Regions 10. Have you ?led exhibits for the newly acquired foreign principai(s), if any, listed in Item 8? Exhibit A3 Yes No El Exhibit Yes No If no, please attach the required exhibit. Have there been any changes in the Exhibits A and previously ?led for any foreign principal whom you represented during this six month period? Yes No If yes, have you ?led an amendment to these exhibits? Yes El - No If no, please attach the required amendment. 2 The term "foreign principal" includes, in addition to those de?ned in Section 1(b) of the Act, an individual organization any of whose activities are directly or indirectly supervised, directed, controlled, ?nanced. or subsidized in whole or in major part by a foreign government, foreign political party, foreign organization or foreign individual. (See Rule i00(a) A registrant who represents more than one foreign principal is required to list in the statements he ?les under the Act only those principals for whom he is not entitled to claim exernption under Section 3 of thelAcL (See Rule 208.) 3 The Exhibit A, which is filed on Form NSD-3. sets forth the information required to be disclosed concerning each foreign principal. 4 The Exhibit B, which is ?led on Form sets forth the information concerning the agreement or understanding between the registrant and the foreign principal. .- Case Document 525-2 Filed 0203/19" Page 366 of 577 - (moan - ACTIVITIES 11. During this 6 month reporting period, have you engaged in any activities for or rendered any services to any foreign principal named in Items 7, 8, or 9 of this statement? Yes i2 No Ci If yes, identify each foreign principal and describe in full detail your activities and services: Focused on electing Party of Regions' candidates at the national and regional levels in the Ukraine for the 2012 legislative election and 2012 local elections by implementing pro-democratic campaign activities, engaging in party building activities, developing a party platform and political agenda, and implementing election planning, election integrity, and international election monitoring programs. Communicated with the US. Embassy in Kiev regarding developing events in Ukraine. Provided strategic counsel and advice to members of the Party of Regions regarding their interactions with U5. government of?cials and other Western in?uential persons to advance the goal of greater political and economic integration between the Ukraine and the West. Provided advice to the European Centre for a Modern Ukraine, which was also working for the same purpose. 12. During this 6 month reporting period, have you on behalf of any foreign principal engaged in political activity5 as de?ned below? Yes No Ci If yes, identify each such foreign principal and describe in full detail all such political activity, indicating, among other things, the relations, interests and policies sought to be in?uenced and the means employed to achieve this purpose. If the registrant arranged, sponsored or delivered speeches, lectures or radio and TV broadcasts, give details as to dates, places of delivery, names of speakers and subject matter. Please Note: The information contained in this ?ling, including but not limited to descriptions of activities giving rise to the Registrant?s present registration and/or contemporaneous ?nancial reCeipts or disbursements, re?ect only Registrant's best recollection of relevant events and such records currently available, to the knowledge and belief of the Registrant, for review by the Registrant and his legal counsel. The Registrant may amend and/or supplement such disclosures should- additional, relevant information become available. 10/30? 2 Email to Ambassador John Tefft regarding U.5. statement on Ukrainian elections. 13. In addition to the above described activities, if any, have you engaged in activity on your own behalf which bene?ts your foreign principal(s)? Yes El No El If yes, describe fully. 5 "Political activity," as de?ned in Section 1(0) of the Act, means any activity that the person engaging in believes will, or that the person intends to, in any way in?uence any agency or of?cial of the Govemment ofthe United States or any section of the public within the United States with reference to formulating, adapting or changing the domestic or foreign policies of the United States or with reference to political or pubiic interests, policies, or relations of a government of a foreign country or a foreign political party. . Case Document 525-2 Filed Page 367 of 577 (PAGES) IV - FINANCIAL INFORMATION 14. During this 6 month reporting period, have youreceived from any foreign principal named in Items 7, 8, or 9 of this statement, or item any other source, for or in the interests of any such foreign principal, any contributions, income or money either as compensation or otherwise? Yes No El If no, explain why. If yes, set forth below in the required detail and separately for each foreign principal an account of such monies.? Date From Whom - Purpose Amount Please see attached. Total RECEIPTS- FUNDRAISING CAMPAIGN . During this 6 month reporting period, have you received, as part of a fundraising campaign", any money on behalf of any foreign principal named in Items 7, 8, or 9 of this statement? Yes No El If yes, have you ?led an Exhibit D3 to your registration? Yes No El If yes, indicate the date the Exhibit was ?led. Date 0F VALUE During this 6 month reporting period, have you received any thing of value" other than money ?'om any foreign principal named in Items 7, 8, or 9 of this statement, or from any other source, for or in the interests of any such f0reign principal? Yes El . No If yes, furnish the following information: Foreign Principal - Date Received Thing of Value Purpose 6, 7 A registrant is required to ?le an Exhibit if he collects or receives contributions. loans. moneys. or other things of value for a foreign principal, as part of a fundraising campaign. (See Rule 20 8 An Exhibit D, for which no printed form is provided, sets forth an account of money collected or received as a mull ofa fundraising campaign and transmitted for a foreign principal. 9 Things of value include but are not limited to gifts. interest free loans, expense free travel. favored stock purchases, exclusive rights, favored ueatment over competitors, "kickbacks," and the like. . - Case Document 525-2 Filed 02/23/19l Page 368 of 577 (PAGE 6) 15.{a) During this 6 month reportingperiod, have you (I) disbursed or expended monies in connection with activity on behalf of any foreign principal named in Items 7, 8, or 9 of this statement? Yes No Cl (2) transmitted monies to any such foreign principal? Yes El No If no, explain in full detail why there were no disbursements made on behalf of any foreign principal. If yes, set forth below in the required detail and separately for each foreign principal an account of such monies, including monies transmitted, if any, to each foreign principal. Date To Whom Purpose Amount Please see attached. Total Case Document 525-2 Filed Page 369 of 577 OF VALUE During this 6 month reporting period, have you disposed of anything of value? other than money in furtherance of or in connection with activities on behalf of any foreign principal named in Items 7, 8, or 9 of this statement? Yes No IZI If yes, furnish the following information: Date Recipient Foreign Principal Thing of Value Purpose CONTRIBUTIONS During this 6 month reporting period, have you from your own funds and on your own behalf either directly or through any other person, made any contributions of money or other things of value? in connection with an election to any political of?ce, or in connection with any primary election, convention, or caucus held to select candidates for political of?ce? Yes No El If yes, furnish the following information: Date Amount or Thing of Value Political Organization or Candidate Location of Event 8l24/12 2500.00 Vernon Parker - Arizona State Of?ce ID, I I Things of value include but are not limited to gi?s, interest free loans, expense free travel, favored stock exclusive rights, favored treatment over competitors, "kickbacks," and the like. . Case Document 525-2 Filed 02/23/19} Page 370 of 577 (PAGE. 3) - INFORMATIONAL MATERIAIS 16. During this 6 month reporting period, did you prepare, disseminate or cause to be disseminated any informational materials?12 Yes Cl No IZI If Yes, go to Item 17. If you answered No to Item 16(a), do you disseminate any material in connection with your registration? Yes No If Yes, please forward the materials disseminated during the six month period to the Registration Unit for review. Identify each such foreign principal. 18. During this 6 month reporting period, has any foreign principal established a budget or allocated a speci?ed sum of money to ?nance your activities in preparing or disseminating informational materials? Yes Cl No 13] If yes,? identify each such foreign principal, specify amount, and indicate for what period of time. 19. During this 6 month reporting period, did your activities in preparing, disseminating or causing the dissemination of informational materials include the use of any of the following: Radio or TV broadcasts Cl Magazine or newspaper El Motion picture ?lms El Letters or telegrams El Advertising campaigns El Press releases El Pamphlets or other publications Lectures or speeches Other (specyji) - Electronic Com mu nications' El Email i Website El Social media websites El Other (speci?r) 20. During this 6 month reporting period, did you disseminate or cause to be disseminated informational materials among any of the following groups: Cl Public of?cials - . El Newspapers Cl Libraries - El Legislators Editors Educational institutions Government agencies El Civic-groups or associations Nationality groups El Other (Spats-135:) 21. What language was used in the informational materials: El English . El Other (spec't'?t) 22. Did you ?le with the Registration Unit, US. Department of Justice a co py of each item of such informational materials disseminated or caused to be disseminated during this.6 month reporting period? Yes No 23. Did you label each item of such informational materials with the statement required by Section 4(b) of the Act? Yes El No 12 The term informational materials includes any oral, visual, graphic, written, or pictorial information or matter of any kind, including that published by means of advertising, books, periodicals, newspapers, lectures, broadcasts motion pictures or any means or instrumentality ol? Interstate or foreign commerce or otherwise. lnt?onnational materials disseminated by an agent of a foreign principal as part of an activity in itself exempt from registration, or an activity which by itself would not require registration, need not be ?led pursuant to Section 4(b) of the Act. Case Document 525-2 Filed 02/23/19 Page 371 of 577 (PAGE 9) VI - EXECUTION In accordance with 28 U.S.C. I746, the undersigned swear(s) or af?nn(s) under penalty of perjury that he/she has (they have) read the information set forth in this registration statement and the attached exhibits and that he/she is (they are) familiar with the contents thereof and that such contents are in their entirety true and accurate to the best of his/her (their) knowledge and belief, except that the undersigned make(s) no representation as to truth or accuracy of the information contained in the attached Short Form Registration Statement(s), if any, insofar as such information is not within his/her (their) personal knowledge. (Date Of signature) (Print or type name under each signature or provide electronic signature gag/25W? '1 Irlcl ZS 13 This statement shall be signed by the individual agent. if the registrant is an individual. or by a majority ofthose partners, of?cers directors or persons performing similar functions. ifthc registrant is an organization. except that the organization can, by power of attorney. authorize one or more individuals to execute this statement on its behalf. . Case Document 525-2 Filed 02/23/19 Page 372 of 577 Question 14(a) Receipts Please Note: The information contained in this ?ling, including but not limited to descriptions of activities giving rise to the Registrant?s present registration and/or contemporaneous ?nancial receipts or disbursements, re?ect only Registrant?s best recollection of relevant events and such records currently available, to the knowledge and belief of the Registrant, for review by the Registrant and his legal counsel. The Registrant may amend and/or supplement such disclosures should additional, relevant information become available. Date Foreign Principal Purpose Amount 1/2012 Party of Regions Services Rendered $225,000.00 2/2012 Party of Regions Services Rendered $1,950,000.00 3/2012 Party of Regions Services Rendered $700,000.00 4/2012 Party of Regions Services Rendered $1,350,000.00 5/2012 Party of Regions Services Rendered $535,000.00 6/2012 Party of Regions Services Rendered $650,000.00 8/2012 Party of Regions Services Rendered $620,000.00 9/2012 Party of Regions Services Rendered $1,280,000.00 10/2012 Party of Regions Services Rendered $400,000.00 1 1/2012 Party of Regions Services Rendered $4,399,500.00 29 ?l lid LZl?-lilFll?Z 1?30.? 1.19%! . Case Document 525-2 Filed 02/23/193 Page 373 of 577 Question 15(a) Disbursements Please Note: The information contained in this ?ling, including but not limited to descriptions of activities giving rise to the Registrant?s present registration and/or contemporaneous ?nancial receipts or disbursements, re?ect only Registrant?s best recollection of relevant events and such records currently available, to the knowledge and belief of the Registrant, for review by the Registrant and his legal counsel. The Registrant may amend and/or supplement such disclosures should additional, relevant information become available. Date Contractor Purpose Amount January June 2012 5/16/2012 Fabrizio Ward Associates LLC Polling and surveys $35,000.00 6/27/2012 Rabin Strasburg LLC Media consulting services $91,693_0,0 July - December 2012 7/31/2012 Rabin Strasburg LLC Consulting services and eXpenses $65,631.00 8/28/2012 Steven J. Brown Political and media outreach $20,000.00 8/31/2012 Rabin Strasburg LLC Media consulting services $74,265.00 9/4/2012 Fabrizio Ward Associates LLC Polling and surveys $73,500.00 - 10/1/2012 Rabin Strasburg LLC Media consulting services $53,899.00 10/1/2012 Steven J. Brown Political and media outreach $5,000.00 10/5/2012 Christopher Spence data analysis - $10,000.00 10/5/2012 Clear Dialogue LLC Election integrity consulting services $10,500.00 10/31/2012 Clear Dialogue LLC Election integrity consulting services $10,500.00 10/31/2012 Rabin Strasburg LLC Media consulting services $83,832.00 11/7/2012 Fabrizio Ward Associates LLC Polling and surveys $35,000.00 11/7/2012 Fabrizio Ward Associates LLC Polling and surveys $35,000.00 1 1/19/2012 Clear Dialogue LLC Election integrity consulting services $12,000.00 11/19/2012 Clear Dialogue LLC Election integrity consulting services $6,935.44 11/29/2012 Fabrizio Ward Associates LLC Polling and silrveys $35,000.00 11/29/2012 Steven J. Brown Political and media outreach $5,000.00 12/28/2012 Steven J. Brown Political and media outreach $5,000.00 Other Expenses Purpose . I . . Amount? . January June 2012 Travel $648,840.83 Meals/Living Expenses $88,404.45 July December 2012 Travel $769,928.53 $99,812.72 Meals/Living Expenses 29 laid LZ ill-ill 1 Case DocumegmguS-Z Fil Page 374 of 577 0. 1124-000 xptres US. Department ofJusticc Supplemental Statement Pursuant to the Foreign Agents Registration Act of 1938, as amended Washington. DC 20530 For Six Month Period Ending 530/2013 (Insert date) I - REGISTRANT (to) Registration No. Q) Li CI 1. Name of Registrant DMP International, LLC (0) Business Address(es) of Registrant 10 St. James Drive Palm Beach Gardens, FL 33418 2. Has there been a change in the information previously furnished in connection with the following? [fan individual: (1) Residence address(es) Yes No (2) Citizenship Yes [1 No El [.33 f; (3) Occupation Yes No :3 K1 :71. [fan organization: g: i- (1) Name Yes No c' .4 (2) Ownership or control Yes El No (3) Branch of?ces Yes No a? (0) Explain fully all changes, ifany, indicated in Items and above. IF THE REGISTRANT IS AN INDIVIDUAL, OMIT RESPONSE TO ITEMS 3, 4, AND 3. If you have previously ?led Exhibit C, state whether any changes therein have occurred during this 6 month reporting period. Yes Cl No El lfyes, have you ?led an amendment to the Exhibit Yes Cl No El If no, please attach the required amendment. I The Exhibit C. for which no printed form is provided. censists oi?a true copy ofthe charter. articles of incorporation. association. and by laws ofa registrant that Is an organization. (A waiver ofthe requirement to ?le an Exhibit may be obtained for good cause upon written application to the Assistant Attorney General. National Security Division. US. Department ofJustiee. Washington. DC 20530.) FORM Revised 05?? . . . . . .Case \Document 525-2 Filed 02/23/19 Page 375 of 577 (PAGE 2) 4. Have any persons ceased acting as partners, of?cers, directors or similar of?cials of the registrant during this 6 month reporting period? Yes El - No If yes, ?imish the following information: Name - Position Date Connection Ended Have any persons become partners, of?cers, directors or similar of?cials during this 6 month reporting period? Yes No El If yes, furnish the following information: Name Residence Address Citizenship Position Date Assumed 5. Has any person named in Item 4(b) rendered services directly in fUrtherance of the interests of any foreign principal? Yes Cl No If yes, identify each such person and describe the serviCe rendered. (5) During this six month reporting period, has the registrant hired as employees or in any other capacity, any persons who rendered or will render services to the registrant directly in ?rrtherance of the interests of any foreign principal(s) in other than a clerical or secretarial, or in a related or similar capacity? Yes Cl No IZI Name . Residence Address Citizenship Position Date Assumed Have any employees 0r individuals, who have ?led a short fer-m registration statement, terminated their employment 0r connection with the registrant during this 6 month reporting period? Yes No If yes, furnish the following information: Name Position or Connection Date Terminated Have any employees or individuals, who have ?led a short form registration statement, terminated their connection with any foreign principal during this 6 month reporting period? Yes Cl No El If yes, furnish the ?sllowing information: Name Position or Connection Foreign Principal Date Terminated 6. Have short form registration statements been ?led by all of the persons named in Items 5(a) and 5(b) of the supplemental statement? Yes No If no, list names of persons who have not ?led the required statement. .Case "IDocument 525-2 Filed 02/23/19 Fiage 376 of 577 (PAGE 3) II - FOREIGN PRINCIPAL 7. Has your connection with any foreign principal ended during this 6 month reporting period? Yes Cl . No If yes, furnish the following information: Foreign Principal Date of Termination 8. Have you acquired any new foreign principal(s)2 during this 6 month reporting period? Yes Cl No If yes, furnish th following in?ormation: Name and Address of Foreign Principal(s) . Date Acquired 9. In addition to those named' In Items 7 and 8, if any, list foreign principai(s)2 whom you continued to represent during the 6 month reporting period.- Ukrainian Party of Regions 10. Have youI ?led exhibits for the newly acquired foreign principal(s), If any, listed In Item 8? Exhibit A3 Yes El No Exhibit Yes El No If no, please attach the required exhibit. Have there been any changes in the Exhibits A and previously ?led for any foreign principal whom you represented during this six month period? Yes No If yes, have you ?led an amendment to these exhibits? Yes No If no, please attach the required amendment. 2 The term "foreign principal" includes, in addition to those de?ned In Section 1(b) of the Act, an individual organization any of whose activities are directly or indirectly supervised, directed, controlled, ?nanced, or subsidized to whole or in major part by a foreign government, foreign political party, foreign organization or foreign individual (See Rule 100(3) A registrant who represents more than one foreign principal 1s required to list to the statements he ?les under the Act only those principals for whom he is not entitled to claim exemption under Section 3 of the Act. (See Rule 208.) 3 The Exhibit A, which' Is ?led on Form NSD- 3 sets forth the information required to be disclosed oonceming each foreign principal. 4 The Exhibit B, which is ?led on Form sets information concerning the agreement or understanding between the registrant arid the foreign principal. .Case Document 525-2 Filed 02/23/19 Phage 377 of 577 (PAGE 4) - ACTIVITIES 11. During this 6 month reporting period, have you engaged In any activities for or rendered any services to any foreign principal named' In Items 7, 8, or 9 of this statement? Yes I No If yes, identify each foreign principal and describe in ?ill detail your activities and services: Focused on electing Party of Regions' candidates at the national and regional levels in the Ukraine by implementing pro- democratlc campaign activities, engaging in party building activities, developing a party platform and political agenda, and implementing election planning, election integrity, and international election monitoring programs. Communicated with the US. Embassy in Kiev regarding deVeloping events in Ukraine. Provided strategic counsel and advice to members of the Party of Regions regarding their interactions with US. government of?cials and other Western in?uential persons to advance the goal of greater political and economic integration between the Ukraine and the West. Provided advice to the European Centre for a Modern Ukraine, which was also working for the same purpose. 12. During this 6 month reporting period, have you on behalf of any foreign principal engaged in political activity5 as de?ned below? Yes El No El If yes, identify each such foreign principal and describe in full detail all such political activity, indicating, among other things, the relations, interests and policies sought to be in?uenced and the means employed to achieve this purpose. If the registrant arranged, sponsored or delivered speeches, lectures or radio and TV broadcasts, give details as to dates, places of delivery, names of speakers and subject matter. Please Note: The information contained in this ?ling, including but not limited to descriptions of activities giving rise to the Registrant?s present registration and/or contemporaneous ?nancial receipts or disbursements, re?ect only Registrant's best recollection of relevant events and such records currently available, to the knowledge and belief of the Registrant, for review by the Registrant and his legal counsel. The Registrant may amend and/or supplement such disclosures should additional, relevant information become available. 3/19/13 Meeting with Paula Dobriansky, Kennedy School of Government 3/ 1 9/ 13 Meeting with Nadia Diuk, National Endowment for Democracy 3/19/13 Meeting with Rep. Rohrabacher 13. In addition to the above described activities, if any, have you engaged in activity on your own behalf which bene?ts your foreign principal(s)? Yes No If yes, describe fully. 5 "Political activity," as de?ned in Section of the Act, means any activity that the person engaging in believes will, or that the person intends to, in any way in?uence any agency or of?cial of the Government of the United States or any section ofthe public within the United States with reference to fonnulating, adopting or changing the domestic or foreign policies of the United States or with reference to political or public interests, policies, or relations of a govemment of a foreign country or a foreign political party. . .Case Document 525-2 Filed 02/23/19" gage 378 of 577 (PAGE 5) IV FINANCIAL INFORMATION 14. During this 6 month reporting period, have you received from any foreign principal named in Items 7, 8, or 9 of this statement, or ?'om any other source, for or in the interests of any such foreign principal, any contributions, income or money either as compensation or otherwise? Yes No If no, explain why. If yes, set forth below in the required detail and separately for each foreign principal an account of such moniesF? Date From Whom Purpose Amount Please see attached Total RECEIPTS - FUNDRAISING CAMPAIGN During this 6 month reporting period, have you received, as part of a fundraising campaign?, any money on behalf of any foreign principal named in Items 7, 8, or 9 of this statement? Yes El No El If yes, have you ?led an Exhibit D8 to your registration? Yes El No El If yes, indicate the date the Exhibit was ?led. Date RECEIPTS-THINGS 0F VALUE . During this 6 month reporting period, have you received any thing of value9 other than money from any foreign Principal named in Items 7, 8, or 9 of this statement, or ?-om any other source, for or in the interests of any such foreign principal? Yes Cl No 12! If yes, fumish the following information: Foreign Principal Date Received Thing of Value Purpose 6, 7 A registrant is required to ?le an Exhibit if he collects or receives contributions, loans, moneys, or other things of value for a foreign principal, as part of a fundraising campaign. (See Rule 201(c)). 8 An Exhibit D, for which no printed form is provided, sets forth an account of money collected or received as a result ofa fundraising campaign and transmitted for a foreign principal. 9 Things ofvalue include but are not limited to gifts, interest free loans, expense free travel, favored stock purchases, exclusive rights, favored treatment over competitors, ?kickbacks," and the like. . - Case Document 525-2 Filed 02/23/19" l5?age 379 of 577 (PAGE 6) IS. During this 6 month reporting period, have you (I) disbursed or expended monies in connection with activity on behalf of any foreign principal named in Items 7, 8, or 9 of this statement? Yes No (2) transmitted monies to any such foreign principal? Yes El No El If no, explain in full detail why there were no disbursements made on behalf of any foreign principal. If yes, set forth below in the required detail and separately for each foreign principal an account of such monies, including monies transmitted, if any, to each foreign principal. Date To Whom Purpose Amount Please see attached Total . (Case Document 525-2 Filed 02/23/19 P\age 380 of 577 (PAGE 7) DISBURSEMENTS-THINGS OF VALUE During this 6 month reporting period, have you disposed of anything of value"J other than money in ?irtherance of or in connection with activities on behalf of any foreign principal named in Items 7, 8, or 9 of this statement? Yes El No If yes, furnish the following information: Date Recipient Foreign Principal Thing of Value Purpose CONTRIBUTIONS During this 6 month reporting period, have you from your own funds and on your own behalf either directly or through any other person, made any contributions of money or other things of value? in connection with an election to any political of?ce, or in connection with any primary election, convention, or caucus held to select candidates for political of?ce? Yes No El If yes, furnish the following information: Date Amount or Thing of Value Political Organization or Candidate Location of Event 3/22/13 1000.00 Dana Rohrabacher I0, 1 1 Things ofvalue include but are not limited to gifts, interest free loans, expense Free travel, favored stock purchases, exclusive rights, favored treatment over competitors, "kickbacks," and the like. Case Document 525-2 Filed 02/23/19" ?age 381 of 577 . (PAGE 3) INFORMATIONAL MATERIALS During this 6 month reporting period, did you prepare, disseminate or cause to be disseminated any informational materials?'2 Yes No I if Yes, go to Item 17. If you answered No to Item 16(a), do you disseminate any material in connection with your registration? Yes N0 If Yes, please forward the materials disseminated during the six month period to the Registration Unit for review. Identify each such foreign principal. 18. During this 6 month rep0rting period, has any foreign principal established a budget or allocated a speci?ed sum of money to I ?nance your activities in preparing or disseminating informational materials? Yes No If yes, identify each such foreign principal, Specify amount, and indicate for what period of time. 19. During this 6 month reporting period, did your activities in preparing, disseminating or causing the dissemination of informational materials include the use of any of the following: Radio or TV broadcasts Magazine or newSpaper Motion picture ?lms Letters or telegrams Advertising campaigns Press releases Pamphlets or other publications Lectures or speeches CI Other (spasm!) Electronic Communications Email . Website Social media websites Other (specify) 20. During this 6 month rep0rting period, did you disseminate or cause to be disseminated informational materials among any of the following groups: Public officials Newspapers Libraries Legislators Editors Educational institutions Government agencies Civic groups or associations Nationality groups Other (Specr?jjx) 21. What language was used in the informational materials: English Other (Specijjx) 22. Did you file with the Registration Unit, US. Department of Justice a COpy of each item of such informational materials disseminated or caused to be disseminated during this 6 month reporting period? Yes No 23. Did you label each item of such informational materials with the statement required by Section 4(b) of the Act? Yes No 12 The term informational materials includes any oral, visual, graphic, written, or pictorial information or matter of any kind, including that published by means of advertising, books, periodicals, newspapers, lectures. broadcasts, motion pictures, or any means or instrumentality of interstate or foreign commerce or othenvise. informational materials disseminated by an agent of a foreign principal as part of an activity in itself exempt from registration, or an activity which by itself would not require registration, need not be ?led pursuant to Section 4(b) of the Act. Case Document 525-2 Filed 02/23/19 Page 382 of 577 (PAGE 9) VI - EXECUTION In accordance with 28 U.S.C. 1746, the undersigned swear(s) or affirm(s) under penalty of perjury that he/she has (they have) read the information set forth in this registration statement and the attached exhibits and that heishe is (they are) familiar with the contents thereof and that such contents are in their entirety true and accurate to the best of his/her (their) knowledge and belief, except that the undersigned make(s) no representation as to truth or accuracy of the information contained in the attached Short Form Registration Statement(s), if any, insofar as such information is not within his/her (their) personal knowledge. (Date of signature) (Print or type name under each signature or provide electronic signature 13) Elf/W 6'92772 1 L2 ilnt? um 29 I3 This statement shall he signed by the individual agent. ifthc registrant is an individual. or by a majority oflhose partners. of?cers. directors or persons performing similar functions. ifthe registrant is an organization. except that the organization can. by power of attorney. authorize one or more individuals to execute this statement on its behalf. - -- Case Document 525-2 Filed 02/23/19 Page 383 Of 577 Question 14(a) Receipts Please Note: The information contained in this filing, including but not limited to descriptions of activities giving rise to the Registrant?s present registration and/or contemporaneous ?nancial receipts or disbursements, re?ect only Registrant?s best recollection of relevant events and such records currently available, to the knowledge and belief of the Registrant, for review by the Registrant and his legal counsel. The Registrant may amend and/or supplement such disclosures should additional, relevant information become available. Date Foreign Principal Purpose Amount 1/2013 Party of Regions Services Rendered $400,000.00 2/2013 Party of Regions Services Rendered $200,000.00 3/2013 Party of Regions Services Rendered $500,000.00 4/2013 Party of Regions Services Rendered $490,000.00 5/2013 Party of Regions Services Rendered $355,000.00 6/2013 Party of Regions Services Rendered $375,000.00 7/2013 Party of Regions Services Rendered $315,000.00 8/2013 Party of Regions Services Rendered $525,000.00 9/2013 Party of Regions Services Rendered $415,000.00 10/2013 Party of Regions Services Rendered $500,000.00 11/2013 Party of Regions Services Rendered $300,000.00 12/2013 Party of Regions Services Rendered $165,039.70 2901 l-icl . .oase Document 525-2 Filed 384 of 577 Question 151a! Disbursements Please Note: The information contained in this ?ling, including but not limited to descriptions of activities giving rise to the Registrant?s present registration and/or contemporaneous ?nancial receipts or disbursements, re?ect only Registrant?s best recollection of relevant events and such records currently available, to the knowledge and belief of the Registrant, for review by the Registrant and his legal counsel. The Registrant may amend and/or supplement such disclosures should additional, relevant information become available. Date Contractor Purpose Amount January June 2013 1/4/2013 Fabrizio Ward Associates LLC Polling and surveys $35,000.00 3/5/2013 Steven J. Brown Political and media outreach $5,000.00 6/17/2013 Konstantin Kilimnik Professional services and $73,000.00 administrative overhead for Kiev operations July December 2013 7/ 15/2013 Konstantin Kilimnik Professional services and $71,450.00 administrative overhead for Kiev operations 8/8/2013 Fabrizio Ward Associates LLC Polling and surveys $30,000.00 8/8/2013 Konstantin Kilimnik Professional services and $73,550.00 administrative overhead for Kiev operations . 8/30/2013 Konstantin Kilimnik Professional services and $65,000.00 administrative overhead for Kiev operations 8/30/2013 Konstantin Kilimnik Professional services $15,000.00 10/3/2013 Konstantin Kilimnik . Professional services $15,000.00 10/3/2013 Konstantin Kilimnik Professional services and $53,500.00 administrative overhead for Kiev operations 10/30/2013 Konstantin Kilimnik Professional services $15,000.00 10/30/2013 Konstantin Kilimnik Professional services and $38,000.00 administrative overhead for Kiev operations 12/13/2013 Konstantin Kilimnik Professional services and $21,000.00 administrative overhead for Kiev operations .1 2/ 13/2013 Konstantin Kilimnik Professional services $15,000.00 I ZS bid 12 11112 nits -Ga?se Document 525-2 Filed 02/23/19 Page 385 of 577 Other Expenses Purpose I Amount January June 2013 Travel $357,628.72 Meals/Living Expenses $83,794.14 July December 2013 Travel $3 09,193.12 Meals/Living Expenses $119,578.07 ZS =11 1:18 Case luggage 386 of 577 Supplemental Statement Washington. DC 20530 Pursuant to the Foreign Agents Registration Act of 1938, as amended For Six Month Period Ending l2/31/13 {Insert date) I - REGISTRANT l. Name of Registrant Registration No. DMP International, LLC Business Address(es) of Registrant 10 St. James Drive Palm Beach Gardens, FL 33418 2. Has there been a change in the information previously furnished in connection with the following? Ifan individual: 1) Residence address(es) Yes No El (2) Citizenship Yes No (3) Occupation Yes No [fan organization: E5: ii (I) Name Yes No C: i (2) Ownership or control Yes No 1 (3) Branch of?ces Yes El No EXplain fully all changes, if any, indicated in Items (21) and above .0 (J1 . IF THE REGISTRANT IS AN INDIVIDUAL, OMIT RESPONSE TO ITEMS 3, 4, AND 3. [f you have previously filed Exhibit state whether any changes therein have occurred during this 6 month reporting period. Yes No El If yes, have you filed an amendment to the Exhibit Yes No If no, please attach the required amendment. The Exhibit C. for which no printed form is provided. consists ofa true copy of the charter, articles ofmcorporatron. assocmtlon. and by laws ofa that IS an organization (A waiver oi'lhe requirement to ?le on Exhibit may be obtained for good cause upon written application to the Assistant Attorney General. National Security DivisiOn. US. Department ofJustiee. Washington. DC 20530.) FORM Revised 05/17 - Case Document 525-2 Filed 02/23/19 iPage 387 of 577? (PAGE 2) 4. Have any persons ceased acting as partners, of?cers, directors or similar of?cials of the registrant during this 6 month reporting period? Yes El No If yes, furnish the following information: Name. Position Date Connection Ended Have any persons become partners, of?cers, directors or similar of?cials during this 6 month reporting period? Yes No El If yes, furnish the following infon'nation: Name Residence Address Citizenship Position Date Assumed 5. Has any person named in Item 4(b) rendered services directly in furtherance of the interests of any foreign principal? Yes El No El If yes, identify each such person and describe the service rendered. During this six month reporting period, has the registrant hired as employees or in any other capacity, any persons who rendered or will render services to the registrant directly in furtherance of the interests of any foreign principal(s) in other than a clerical or secretarial, or in a related or similar capacity? Yes No Name Residence Address Citizenship Position Date Assumed (0) Have any employees or individuals, who have ?led a short form registration statement, terminated their employment or connection with the registrant during this 6 month reporting period? Yes Ci No If yes, furnish the following information: Name Position or Connection Date Terminated Have any employees or individuals, who have ?led a short form registration statement, term inated their connection with any f0reign principal during this 6 month reporting period? Yes El No If yes, ?Jrnish the following information: Name Position or Connection Foreign Principal Date Terminated 6. Have short form registration statements been ?led by all of the persons named in Items 5(a) and 5(b) of the supplemental statement? Yes El NO If no, list names of persons who have not ?led the required statement. - Case Document 525-2 Filed-02/23/19 )Page 388 of 577 (Paces) II - FOREIGN PRINCIPAL 7. Has your connection with any foreign principal ended during this 6 month reporting period? Yes El No IE If yes, furnish the following information: Foreign Principal Date of Termination 8. Have you acquired any new foreign principal(s)2 during this 6 month reporting period? Yes El No El If yes, furnish th following information: Name and Address of Foreign Principal(s) Date Acquired In addition to those named in Items 7 and 8, if any, list foreign principal(s)2whom you continued to represent during the 6 month reporting period. Ukrainian Party of Regions 10, Have you ?led exhibits for the newly acquired foreign principal(s), if any, listed in Item 8? . Exhibit A3 Yes El No Exhibit 13? Yes No El If no, please attach the required exhibit. Have there been any changes in the Exhibits A and previously ?Ied for any foreign principal whom you represented during this six month period? . Yes No If yes, have you ?led an amendment to these exhibits? Yes No El If no, please attach the required amendment. 2 The term 'foreign principal" includes, in addition to those de?ned in Section 1(b) of the Act, an individual organization any of whose activities are directly or indirealy supervised. directed, controlled, ?nanced, or subsidized in whole or in major part by a foreign government, foreign political party, foreign organization or foreign individual. (See Rule 100(a) A registrant who represents more than one foreign principal is required to list in the statements he ?les under the Ara only those principals for whom he is not entitled to claim exemption under Section 3 of the Act. (See Rule 208.) . 3 The Exhibit A. which is ?led on Form NSD-3, sets forth the information required to be disclosed concerning each foreign principal. 4 The Exhibit B, which is ?led on Form sets forth the information concerning the agreement or understanding beMcen the registrant and the foreign principal. Case 1:17-cr-00201-ABle Document 525-2 Filed 02/23/19 FPage 389 of 577 - (PAGE4) II - ACTIVITIES 1. During this 6 month reporting period, have you engaged in any activities for or rendered any services to any foreign principal named in Items 7, 8, or 9 of this statement? Yes No El If yes, identify each foreign principal and describe in full detail your activities and services: Focused on electing Party of Regions' candidates at the national and regional levels in the Ukraine by implementing pro- democratic campaign activities, engaging in party building activities, developing a party platform and political agenda, and implementing election planning, election integrity, and international election monitoring programs. Communicated with the U. S. Embassy In Kiev regarding developing events in Ukraine. Provided strategic counsel and advice to members of the Party of Regions regarding their interactions with ..S government of?cials and other Western in?uential persons to advance the goal of greater political and economic integration between the Ukraine and the West. Provided advice to the European Centre for a Modern Ukraine, which was also working for the same purpose. 12. During this 6 month reporting period, have you on behalf of any foreign principal engaged In political activity5 as de?ned below? Yes No If yes, identify each such foreign principal and describe in full detail all such political activity, indicating, among other things, the relations, interests and policies sought to be in?uenced and the means employed to achieve this purpose. If the registrant arranged, Sponsored or delivered speeches, lectures or radio and TV broadcasts, give details as to dates, places of delivery, names of speakers and subject matter. Please Note: The information contained In this ?ling, including but not limited to descriptions of activities giving rise to the Registrant present registration and/or contemporaneous ?nancial receipts or disbursements, reflect only Registrant?s best recollection of relevant events and such records currently available, to the knowledge and belief of the Registrant, for review by the Registrant and his legal counsel. The Registrant may amend and/or supplement such disclosures should additional, relevant information become available. 13. In addition to the above described activities, if any, have you engaged in activity on your own behalf which bene?ts your foreign principal(s)? Yes No El If yes, describe fully. 5 "Political activity," as de?ned in Section 1(0) of the Act, means any activity that the person engaging in believes will,'or that the person intends to, in any way influence any agency or of?cial of the Government of the United States or any section of the public within the United States with reference to formulating, adopting or changing the domestic or foreign policies of the United States or with reference to political or public interests, policies, or relations of a government of a foreign country or a foreign polities! party. Case 1:17-cr-00201-ABiJ Document 525-2 Filed 02/23/19 3Page 390 of 577 (PAGES) IV - FINANCIAL INFORMATION 14. (C) RECEIPTS-MONIES - During this 6 month reporting period, have you received from any foreign principal named in Items 7, 8, or 9 of this statement, or from any other source, for or in the interests of any such foreign principal, any contributions, income or money either as compensation or otherwise? Yes IZI No If no, explain why. If yes, set forth below in the required detail and separately for each foreign principal an account of such monies? Date From Whom Purpose Amount Please see attached Total RECEIPTS - FUNDRAISING CAMPAIGN . During this 6 month reporting period, have you received, as part of a fundraising campaign", any money on behalf of any foreign principal named in Items 7, 8, or 9 of this statement? Yes No If yes, have you ?led an Exhibit D8 to your registration? Yes El No Ci If yes, indicate the date the Exhibit was ?led. Date RECEIPTS-THINGS 0F VALUE During this 6 month reporting period, have you received any thing of value" other than money from any foreign principal named in Items 7, 8, or 9 of this statement, or from any other source, for or in the interests of any such foreign principal? Yes El No if yes, fumish the following information: Foreign Principal Date Received Thing of Value Purpose 6, 7 A registrant is required to ?le an Exhibit if he collects or receives contributions, loans, moneys, or other things of value for a foreign principal, as part of a fundraising campaign. (See Rule 20 8 An Exhibit D, for which no printed form is provided, sets forth an account of money collected or received as a result of a fundraising campaign and o'ansmitted for a foreign principal. 9 Things of value include but are not limited to gifts, interest free loans. expense free travel, favored stock purchases, exclusive rights, favored treatment over competitors, 'kickbacl-ts," and the like. Case Document 525-2 Filed 02/23/19 3 Page 391 of 577 (mass) 15. DISBURSEMENTS-MONIES During this 6 month reporting period, have you 1) disbursed or expended monies in connection with activity on behalf of any foreign principal named in Items 7, 8, or 9 of this statement? Yes No CI (2) transmitted monies to any such foreign principal? Yes CI No IZI If no, explain in? full detail why there were no disbursements made on behalf of any foreign principal. If yes, set forth below in the required detail and separater for each foreign principal an account of such monies, including monies transmitted, if any, to each foreign principal. - Date To Whom Purpose Amount Please see attached Total Case 1:17-cr-00201-ABiJ Document 525-2 Filed 02/23/19 iPage 392 of 577 I DISBURSEMENTS-THINGS 0F VALUE During this 6 month reporting period, have you disposed of anything of value'0 other than money in furtherance of or in connection with activities on behalf of any foreign principal named in Items 7, 8, or 9 of this statement? Yes No IZI If yes, furnish the following information: Date Recipient - Foreign Principal Thing of Value . Purpose (0) During this 6 month reporting periOd, have you from your own funds and on your own behalf either directly or through any other person, made any contributions of money or other things of value? in connection with an election to any political of?ce, or in connection with any primary election, convention, or caucus held to select candidates for political of?ce? Yes El No [El If yes, fumish the following information: Date Amount or Thing of Value Political Organization or Candidate Location of Event 10. I Things of value include but are not limited to gifts, interest free loans, expense free travel, favored stock purchases, exclusive rights. favored treatment over competitors. "kickbacks." and the like. Case 1:17-cr-00201-ABi] Document 525-2 Filed 02/23/19 iPage 39.3 of 577 (PAGE 3) - INFORMATIONAL MATERIALS 16. During this 6 month reporting period, did you prepare, disseminate or cause to be disseminated any informational materials?'Item 17 If you answered No to Item 16(a), do you disseminate any material in connection with your registration? Yes No I If Yes, please forward the materials disseminated during the six month period to the Registration Unit for review. 17. Identify each such foreign principal. 18. During this 6 month reporting period, has any foreign principal established a budget or allocated a speci?ed sum of money to ?nance your activities in preparing or disseminating informational materials? Yes Cl No If yes, identify each such foreign principal, Specify amount, and indicate for what period of time. 19. During this 6 month reporting period, did your activities in preparing, disseminating or causing the dissemination of informational materials include the use of any of the following. El Radio or TV broadcasts CI Magazine or newspaper Motion picture ?lms El Letters or telegrams Cl Advertising campaigns Cl Press releases Pamphlets or other publications Lectures or speeches El Other (speci?z) Electronic Communications El Email Website El Social media websites Cl Other (spec-1251) 20. During this 6 month reporting period, did you disseminate or cause to be disseminated informational materials among any of the following groups: Public of?cials CI Newspapers El Libraries Cl Legislators El Editors Cl Educational institutions CI Government agencies Civic groups or associations Cl Nationality groups Other (spect??z) 21. What language was used in the informational materials: El English Other (speci?J) 22. Did you ?le with the Registration Unit, U.S. Department of Justice a copy of each item of such informational materials disseminated or caused to be disseminated during this 6 month reporting period? Yes No 23. Did you label each item of such informational materials with the statement required by Section 4(b) of the Act? Yes El No 12 The term informational materials includes any oral, visual, graphic, written, or pictorial information or matter of any kind, including that published by means of advertising, books periodicals, newspapers lectures, broadcasts motion pictures, or any means or instrumentality of Interstate or foreign commerce or othentn'se. Informational materials disseminated by an agent of a foreign principal as part of an activity in itself exempt from registration, or an activity which by itself would not require registration, need not be ?led pursuant to Section 4(b) of the Act. Case Document 525-2 Filed 02/23/19 Page 394 of 577 (PAGE 9) VI - EXECUTION In accordance with 23 U.S.C. 1746, the undersigned swear(s) or af?nn(s) under penalty of perjury that he/she has (they have) read the information set forth in this registration statement and the attached exhibits and that he/she is (they are) familiar with the contents thereof and that such contents are in their entirety true and accurate to the best of his/her (their) knowledge and belief, except that the undersigned make(s) no representation as to truth or accuracy of the information contained in the attached Short Form Registration Statement(s), if any, insofar as such information is not within his/her (their) personal knowledge. (Date Of signature) (Print or type name under each signature or provide electronic signature age/)7 15M 4 it": '1 Rd (.2 Hill" 2?3 13 This statement shall be signed by the individual agent. ifthe registrant is an individual. or by a majority ofthose partners. of?cers. directors or persons perfoming similar functions. ifthe registrant is an organization. except that the organization can. by power of attorney. authorize one or more individuals to execute this statement on its behalf. Case Document 525-2 Filed 02/23/19 Page 395 of 577 Question 14(a) Receipts P/ease Note: The information contained in this filing, including but not limited to descriptions of activities giving rise to the Registrant?s present registration and/or contemporaneous ?nancial receipts or disbursements, reflect only Registrant?s best recollect-ion of relevant events and such records currently available, to the knowledge and belief of the Registrant, for review by the Registrant and his legal counsel. The Registrant may amend and/or supplement such disclosures should additional, relevant information become available. Date Foreign Principal Purpose Amount 1/2013 Party of Regions Services Rendered $400,000.00 2/2013 Party of Regions Services Rendered $200,000.00 3/2013 Party of Regions Services Rendered $500,000.00 4/2013 Party of Regions Services Rendered $490,000.00 5/2013 Party of Regions Services Rendered $355,000.00 6/2013 Party of Regions Services Rendered $375,000.00 7/2013 Party of Regions Services Rendered $315,000.00 8/2013 Party of Regions Services Rendered $525,000.00 9/2013 Party of Regions Services Rendered $415,000.00 10/2013 Party of Regions Services Rendered $500,000.00 1 1/2013 Party of Regions Services Rendered $300,000.00 12/2013 Party of Regions Services Rendered $165,039.70 29 ?1 lid LZ l'lill? ?33/533,, 1 (a Case Document 525-2 Filed 02/23/19 Page 396 of 577 Question 15(a) Disbursements Please Note: The information contained in this ?ling, including but not limited to descriptions of activities giving rise tO the Registrant?s present registration and/or contemporaneous ?nancial receipts or disbursements, re?ect only Registrant?s best recollection Of relevant events and such records currently available, to the knowledge and belief of the Registrant, for review by the Registrant and his legal counsel. The Registrant may amend and/or supplement such disclosures should additional, relevant information become available. Date Contractor Purpose Amount January June 2013 1/4/2013 Fabrizio Ward Associates LLC Polling and surveys $35,000.00 3/5/2013 Steven J. Brown Political and media outreach $5,000.00 . 6/17/2013 Konstantin Kilimnik Professional services and $73,000.00 administrative overhead for Kiev operations July December 2013 7/15/2013 Konstantin Kilimnik Professional services and $71,450.00 administrative overhead for Kiev Operations 8/8/2013 Fabrizio Ward Associates LLC Polling and surveys $30,000.00 8/8/2013 Konstantin Kilimnik Professional services and $73,550.00 administrative overhead for Kiev operations 8/30/2013 Konstantin Kilimnik Professional services and $65,000.00 administrative overhead for Kiev Operations 8/30/2013 - Konstantin Kilimnik Professional services $15,000.00 10/3/2013 Konstantin Kilimnik Professional servi'ces $15,000.00 10/3/2013 Konstantin Kilimnik Professional services and $53,500.00 administrative overhead for Kiev Operations 10/30/2013 Konstantin Kilimnik Professional services I $15,000.00 10/3 0/2013 Konstantin Kilimnik Professional services and $38,000.00 administrative overhead for Kiev Operations 12/13/2013 Konstantin Kilimnik Professional services and $21,000.00 administrative overhead for Kiev operations 12/13/2013 Konstantin Kilimnik . Professional services $15,000.00 ZS l=lcl L2 [1112 Erin '?dxsaaxnsa -. Case Other Expenses Document 525-2 Filed 02/23/19 Page 397 of 577 Purpose I Amount January June 2013 Travel $357,628.72 Meals/Living Expenses $83,794.14 July December 2013 Travel $309,193.12 Meals/Living Expenses $119,578.07 291*] Nd LZ 1-1111? Case Documergh?g?igml?ilggw/ /1_9 ?999 398 of 577 xpires ay (LS. DepartmentofJusticc supplemental Statement Washing?tom DC 20530 Pursuant to the Foreign Agents Registration Act of 1938, as amended For Six Month Period Ending 5/ 30? 14 (Insert date) I - REGISTRANT I. Name of Registrant Registration No. Lgll/L) DMP International, LLC Business Address(es) of Registrant 10 St. James Drive Palm Beach Gardens, FL 33418 2. Has there been a change in the information previously furnished in connection with the following? [fan individual: (1) Residence address(es) Yes No (2) Citizenship Yes No (3) Occupation Yes No [fan organization: . (1) Name Yes No .9. (2) Ownership or control Yes No 3- (3) Branch of?ces Yes No i Explain fully all changes, if any, indicated in Items and ab0ve. ZS l=lcl L2 IF THE REGISTRANT IS AN INDIVIDUAL, OMIT RESPONSE TO ITEMS 3, 4, AND 3. If you have previously filed Exhibit state whether any changes therein have occurred during this 6 month reporting period. Yes CI No El ifyes, have you ?led an amendment to the Exhibit Yes No If no, please attach the required amendment. The Exhibit C. for which no printed form is provided. consists ol?a true copy ofthe charter. articles of Incorporation. association. and by laws ofa registrant that IS an organization. (A waiver orthe requirement to file an Exhibit may be obtained for good cause upoa written application to the Assistant Attorney General. National Security Division US. Department ofJuslice. Washington. DC 20530.) FORM NSD-Z Revised 05?? Case 1:17-cr-00201-Algl] Document 525-2 Filed 399 of 577 (PAGE 2] 4. Have any persons ceased acting as partners, of?cers, directors or similar of?cials of the registrant during this 6 month reporting period? Yes No El Ifyes, fumish the following information: Name Position Date Connection Ended Have any persons become partners, of?cers, directors or similar of?cials during this 6 month reporting period? Yes No El If yes, furnish the following information: Name Residence Address Citizenship Position Date Assumed 5. Has any person named in Item 4(b) rendered services directly in furtherance of the interests of any foreign principal? Yes No El If yes, identify each such person and describe the service rendered. During this six month reporting period, has the registrant hired as employees or in any other capacity, any persons who rendered or will render services to the registrant directly in furtherance of the interests of any foreign principal(s) in other than a clerical or secretarial, or in a related or similar capacity? Yes No Name Residence Address Citizenship Position Date Assumed Have any employees or individuals, who have ?led a short form registration statement, terminated their employment or connection with the registrant during this 6 month reporting period? Yes No IZI If yes, furnish the following information: Name Position or Connection Date Terminated Have any employees or individuals, who have filed a short form registration statement, terminated their connection with any foreign principal during this 6 month reporting period? Yes Cl No [3 If yes, furnish the following information: Name Position or Connection Foreign Principal Date Terminated 6. Have short form registratiOn statements been ?led by all of the persons named in Items 5(a) and 5(b) of the supplemental statement? Yesl] If no, list names of persons who have not ?led the required statement. Case Document 525-2 Filed 02/23/f9?i Page 400 of 577 (PAGE 3) - II - FOREIGN PRINCIPAL 7. Has your connection with any foreign principal ended during this 6 month reporting period? Yes No El If yes, ?tmish the following information: Foreign Principal Date of Termination Ukrainian Party of Regions . February 2014 8. Have you acquired any new foreign principal(s)2 during this 6 month reporting period? Yes Ci No If yes, furnish th following information: Name and Address of Foreign Principal(s) Date Acquired 9. In addition to those named in Items 7 and 8, if any, list foreign principal(s)2whom you continued to represent during the 6 month reporting period. Ukrainian Party of Regions 10. Have you ?led exhibits for the newly acquired foreign principal(s), if any, listed in Item Exhibit A3 Yes No Exhibit B4 Yes No if no, please attach the required exhibit. 03') Have there been any changes in the Exhibits A and previously ?led for any foreign principal whom you represented during this six month period? Yes No If yes, have you ?led an amendment to these exhibits? Yes Ci No Ei- If no, please attach the required amendment. 2 The term ?foreign principal" includes, in addition to those de?ned in Section of the Act, an individual organization any of whose activities are directly or indirectly supervised. directed, controlled. ?nanced. or subsidized in whole or in major part by a foreign government, foreign political party, foreign organization or foreign individual. (See Rule lDtKa) A registrant who represents more than one foreign principal is required to list in the statements he files under the Act only those principals for whom he is not entitled to claim exemption under Section 3 of the Act. (See Rule 208.) 3 The Exhibit A. which is ?led on Form NSD-B, sets forth the information required to be' disclosed concerning each foreign principal. 4 The Exhibit B. which is ?led on Form sets forth the information concerning the agreement or understanding between the registrant and the foreign principal. - Case Document 525-2 Filed Page 401 of 577 (PAGE4) ACTIVITIES 11. During this 6 month reporting period, have you engaged in any activities for or rendered any services to any foreign principal named in Items 7, 8, or 9 of this statement? Yes No Ci If yes, identify each foreign principal and describe in ft!" detail your activities and services: Focused on electing Party of Regions' candidates at the national and regional levels in the Ukraine by implementing pro? democratic campaign activities, engaging in party building activities, deveIOping a party platform and political agenda, and implementing election planning, election integrity, and international election monitoring programs. Communicated with the U5. Embassy in Kiev regarding developing events in Ukraine. Provided strategic counsel and advice to members of the Party of Regions regarding their interactions with US. government officials and other Western in?uential persons to advance the goal of greater political and economic integration between the Ukraine and the West. Provided advice to the European Centre for a Modern Ukraine, which was also working for the same purpose. 12. During this 6 month reporting period, have you on behalf of any foreign principal engaged in political activity5 as de?ned below? Yes El No IE If yes, identify each such foreign principal and describe in full detail all such political activity, indicating, among other things, the relations, interests and policies sought to be in?uenced and the means employed to achieve this purpose. If the registrant arranged, sponsored or delivered speeches, lectures or radio and broadcasts, give details as to dates, places of delivery, names of speakers and subject matter. Please Note: The information contained in this ?ling, including but not limited to descriptions of activities giving rise to the Registrant?s present registration and/or contemporaneous ?nancial receipts or disbursements, reflect only Registrant's best recollection of relevant events and such records currently available, to the knowledge and belief of the Registrant, for review by the Registrant and his legal counsel. The Registrant may amend and/or supplement such disclosures should additional, relevant information become available; 13. In addition to the above described activities, if any, have you engaged in activity on your own behalf which benefits your foreign Yes El No If yes, describe fully. 5 ?Political activity," as de?ned in Section 1(0) of the Act, means any activity that the person engaging in believes will, or that the person intends to. in any way in?uence any agency or of?cial of the Government of the United States or any section of the public within the United States with reference to formulating, adopting or changing the domestic or foreign policies of the United States or with reference to political or public interests, policies, or relations ofa government of a foreign country or a foreign political party. Case Document 525-2 Filed 02/23/f?\ Page 402 of 577 (mac 5) Iv FINANCIAL INFORMATION 14. RECEIPTS-MONIES During this 6 month mpOrIing period, have you received from any foreign principal named In Items 7, 8, or 9 cfthis statement, or from any other source, for or in the interests of any such foreign principal, any contributions, Income or money either as compensation or otherwise? Yes No El If no, explain why. If yes, set forth below in the required detail and separately for each foreign principal an accOunt of such monies.?5 Date From Whom Purpose Amount Please see attached Total RECEIPTS- FUNDRAISING CAMPAIGN During this 6 month reporting period, have you received, as part of a fundraising campaign, any money on behalf of any foreign principal named In Items 8, or 9 of this statement? Yes No El If yes, have you ?led an Exhibit D8 to your registrationyes, indicate the date the Exhibit was ?led. Date RECEIPTS-THINGS OF VALUE During this 6 month reporting period have you received any thing of value9 other than money from any foreign principal named In Items 8, or 9 of this statement, or from any other source, for or in the interests of any such foreign principal? Yes Noll If yes, furnish the following information: Foreign Principal Date Received Thing of Value Purpose 6, 7 A registrant is required to ?le an Exhibit if he collects or receives contributions, loans, moneys, or other things of value for a foreign principal, as part of a fundraising campaign. (See Rule 201(eJ). 8 An Exhibit D, for which no printed than is provided, sets forth an account of money collected or received as a result of a fundraising campaign and transmitted for a foreign principal. 9 Things of value include but are not limited to gins. interest free loans, expense free travel, favored stock purchases, exclusive rights, favored treatment over competitors "kickbacks" and the like. - Case Document 525-2 Filed 02/23/f9\ Page 403 of 577 (PAGE 6) 15. During this 6 month reporting period, have you . disbursed or expended monies in connection with activity on behaif of any foreign principal named in Items 7, 8, or 9 of this statement? Yes No (2) transmitted monies to any such foreign principal? Yes No If no, explain in full detail why there were no disbursements made on behalf of any foreign principal. If yes, set forth below In the required detail and separately for each foreign principal an account of such monies, including- monies transmitted, if any, to each foreign principal Date To Whom - Purpose Amount Please see attached Total Case 1:17-cr-00201-? Document 525-2 Filed 02/23/1??\ Page 404 of 577 (FAG 7) DISBURSEMENTS-THINGS 0F VALUE . During this 6 month reporting period, have you disposed of anything of value?) other than money in furtherance of or in connection with activities on behalf of any foreign principal named in Items 7, B, or 9 of this statement? Yes Cl No If yes, furnish the following information: Date Recipient Foreign Principal Thing of Vaiue Purpose DISBURSEMENTS-POLITICAL CONTRIBUTIONS During this 6 month reporting period, have you from your own funds and on your own behalf either directly or through any other person, made any contributions of money or other things of value? in connection with an election to any political of?ce, or in connection with any primary election, convention, or caucus held to select candidates for political of?ce? Yes Cl No If yes, fumish the following information: Date Amount or Thing of Value Political Organization or Candidate Location of Event IO. 1 i Things of value include but are not limited to gins, interest free loans. expense free travel, favored stock purchases, exclusive rights. favored treatment over competitors. "Rielrbacks," and the like Case Document 525-2 Filed Page 405 of 577 (PAGE 8) - INFORMATIONAL MATERIALS 16. During this 6 month reporting period, did you prepare, disseminate or cause to be disseminated any informational materials?12 Yes El No l2] If Yes, go to Item 17. If you answered No to Item 16(a), do you disseminate any material in connection with your registration? Yes No If Yes, please forward the materials disseminated during the six month period to the Registration Unit for review. 17. Identify each such foreign principal. 18. During this 6 month reporting period, has any foreign principal established a budget or allocated a speci?ed sum of money to ?nance your activities in preparing or disseminating informational materials? Yes El No [Si If yes, identify each such foreign principal, specify amount, and indicate for what period of time. 19 During this 6 month reporting period, did your activities in preparing, disseminating or causing the dissemination of informational materials include the use of any of the following: Cl Radio or TV broadcasts Magazine or newspaper Motion picture ?lms Cl Letters or telegrams Ci Advertising campaigns CI Press releases Cl Pamphlets or other publications Cl Lectures or speeches El Other (speci?r) Electronic Communications Cl Email Website El Social media websites Other (Speci?l) 20. During this 6 month reporting period, did you disseminate or cause to be disseminated informational materials among any of the following groups: Public officials L__i Newspapers El Libraries L__i Legislators - . Cl Editors El Educational institutions Government agencies Civic groups or associations El Nationality groups Other (specify) 21. What language was used in the informational materials: English Other (specrjji) 22. Did you ?le with the Registration Unit, U.S. Department of Justice a copy of each item of such informational materials disseminated or caused to be disseminated during this 6 month. reporting period? Yes No 23. Did you label each item of such informational materials with the statement required by Section 4(b) of the Act? Yes [i No t2 The term informational materials includes any oral, visual, graphic, written, or pictorial information or matter of any kind, including that published by means of advertising, books, periodicals, newspapers, lectures, broadcasts, motion pictures, or any means or instrumentality of interstate or foreign commerce or otherwise. lnfonnational materials disseminated by an agent of a foreign principal as part of an activity in itself exempt from registration, or an activity which by itself would not require registration, need not be ?led pursuant to Section 4{b) of the Act. Case Document 525-2 Filed 02/23/19 Page 406 of 577 (PAGE 9) VI - EXECUTION In accordance with 28 U.S.C. 1746, the undersigned swear(s) or af?nn(s) under penalty of perjury that he/she has (they have) read the information set forth in this registration statement and the attached exhibits and that he/she is (they are) familiar with the contents thereof and that such contents are in their entirety true and accurate to the best of his/her (their) knowledge and belief, except that the undersigned make(s) no representation as to truth or accuracy of the information contained in the attached Short Form Registration Statement(s), if any, insofar as such information is not within his/her (their) personal knowledge. (Date ofsignature) (Print or type name under each signature or provide electronic signature?) 6'This statement shall be signed by the individual agent. ifthe registrant is an individual. or by a majority ofthose partners. of?cers. directors or persons performing similar functions, ifthe registrant is an organization. except that the organization can. by power of attorney. authorize one or more individuals to execute this statement on its behalf. Case Document 525-2 Filed 02/23/19 Page 407 of 577 Question 14(a) Receipts Please Note: The information contained in this ?ling, including but not limited to descriptions of activities giving rise to the Registrant?s present registration and/or contemporaneous ?nancial receipts or disbursements, re?ect only Registrant?s best recollection of relevant events and such records currently available, to the knowledge and belief of the Registrant, for review by the Registrant and his legal counsel. The Registrant may amend and/or supplement such disclosures should additional, relevant information become available. Date Foreign Principal Purpose Amount 1/2014 Party of Regions Services Rendered $500,000.00 29 1'1 lid Case Document 525-2 Filed 02/23/19 Page 408 of 577 Question 15(a) Disbursements Please Note: The information contained in this ?ling, including but not limited to descriptions of activities giving rise to the Registrant?s present registration and/or contemporaneous ?nancial receipts or disbursements, re?ect only Registrant?s best recollection of relevant events and such records currently available, to the knowledge and belief of the Registrant, for review by the Registrant and his legal counsel. The Registrant may amend and/or supplement such disclosures should additional, relevant information become available. administrative overhead for Kiev Operations Date Contractor Purpose Amount January February 2014 1/23/2014 Konstantin Kilimnik Professional services $15,000.00 1/23/2014 Konstantin Kilimnik Professional services and $39,500.00 administrative overhead for Kiev operations 1/28/2014 Konstantin Kilimnik Professional services and $21,000.00 Other Expenses Purpose I Amount January - February 2014 Travel $117,818.79 Meals/Living Expenses $36,763.Case Document 525-2 Filed 02/23/19 Page 409 of 577 EXHIBIT 941 Document 525-2 Filed 02/23/19 Page 410 of 577 OMB ‫א‬o. IJos.ooo ‫נ‬ U.S. Departinent Case of Justl·1:17-cr-00201-ABJ . Registration Statement , APproval Expires Oct . ‫ננ‬, 1~ 83 Washington, D.C. 20530 Pursuant to Secti ‫ס‬n 2 ofthe Foreign Agents Registration A ct of1938, as A.n‫ נ‬ended 1-REGISTRANT 1. Name of the registrant. Paul J, Manafort Ch '-‫ל‬ Attorney at Law )1 ,{ .J' s-91' 2. Business address. 324 North Fairfax Street, Alexandria, Virginia 22314 3. Ifthe registrant is an individual, fumish the fo!Iowing information: Not Applicable (a) Residence address. (b) Date and p!ace of birth. (c) Present citizenship. ( d) If present citizenship not acquired by birth, state when, where and how acquired. (e) Occupation. 4. If the registrant is not an individua!, fumish the following informati",- c;; ‫ס‬ ·::‫ג‬ ~- "' -< ~‫ן‬ 1 / ;- C ‫וך‬ .<-r ‫ן‬ C.) ;z; 2. Explain fully all changes, if any, indicated in item 1. N/A IF THE REGISTRANT ‫ ו‬s AN INDIVIDUAL, OMIT RESPONSE TO ITEMS 3, 4. and s. 3. Have any persons ceased acting as partners, officers, directors or similar officials ofthe registrant during this 6 month reporting Yes 0 No D period? If yes, furnish the fo!Jowing information: Na;ne Paul J. l1anafort, Jr. Date Co 1‫ז‬1‫ ז‬ectio 1‫ז‬ E 1‫ ז‬ded Position Partner June 4 , 1985 GOVERNMENT EXHIBIT Formerly OBD~64 U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 945 f-'()RM ('RM-154 :f1‫ י‬B. 84 DOJSCO-402206569 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 418 of 577 {PAGE 2) 4. Have any persons become partners, officers, directors or similar officiais during this 6 month reporting period? Yes D No @! If yes, furnish the fo!Iowing information: Residence Address Name Citizenship Position Date Assumed 5. Has any person named in Item 4 rendered services directly in furtherance of the interests of any foreign principai? Yes D No D If yes, identify each such person and describe his services. N/A 6. Have any empioyees ‫ ס‬r individuals other than officials, who have filed a short form registration statement, terminated their en\p '‫ ר‬yment ‫ ס‬r connection with the registrant during this 6 month reporting period? Yes D No 6iJ If yes, furnish the following information; Name Position or connection Date terminated 7. During this 6 month reporting period, have any persons been hired as empioyees or in any other capacity by the registrant who rendered services to the registrant directiy in furtherance of tbe interests of any foreign principal in other tban a cierical or Yes D No llil secretariaI, or in a related or similar capacity? If yes, furnish the following information; Name Residence Address Position or connection Date connection began " DOJSCO-402206570 11-t'OREIGN PRINCIPAJ, Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 419 of 577 8. Has your connection with any foreign ‫ ו‬ic ‫ ון‬al ended during this 6 month reportiri riod? l!'A{j/: 31 Yes 0 No li1 No 0 . lfyes, identify each such foreign principal and describe in full detail all such political activity, indicating, among other things, the relations, interests and policies sought to be in.fluenced and the means employed to achieve this purpose. Ifthe registrant arranged, sponsored or delivered speeches, lectures or radio and TV broadcasts, give details as to dates, places of delivery, names of speakers and subject matter. see attachment 13. In addition to the above described activities, if any, have you engaged in activity on your own behalfwhich benefits any or all of your foreign principals? Yes 0 No DJ: Ifyes, describe fully. 2‫ ז‬he term "political activitiesh mcans the dissemination ofpolitical propaganda and any otl ‫ ו‬er aclivity which ti ‫ ו‬e person engaging therein l:ielieves will, or which he intends to, prevai1 upon, indoctrinate , ronvert, Jnduce, persuade, orin any otherway inf1uence any agencyorofficial oftbe Govemment ofthe United Statesorany section ofthe public within the Un\ttyl..S ‫ ן‬ates with reference ‫ ו‬o formu!ating, adopting , 9r changing t,he domcstic or foreign pol.ir ',the United S ‫ ו‬ates or with referenCe to the poJitical or public intcrests, policies, or relations of a governmer foreign country or a foreign political pa ‫ ז‬ty . ';,_ DOJSCO-402206572 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 421 of 577 ‫'•"ץ‬ r'--· ·. . " 12. During this 6 month reporting period, have you on behalf ‫ ס‬f any foreign principal engaged in political activity as defined below ? Yes -=x- No _ __ If yes, identify each such foreign principal and describe in full detail all such political activity, indicating, among other things, the relations, interests and policies sought to be influenced and the means employed to achieve this purpose. If the registrant arranged, sponsored or delivered speeches, lectures or radio and TV broadcasts, give details as to dates, places of delivery, names of speakers and subject matter. January 15, 1985 / 12:00 pm / Meeting Wayne Berman / Robert Lauterberg, Director, Gov ‫ י‬t Relations , National Oil Council • Activity: discussed petroleum products import issues. January 31, 1985 / Meeting Wayne Berman (employee of Paul J. Manafort, Attorney at Law)/ Jeffrey Bergner (Chief of Staff, Senate Foreign Relations Committee. Activity: discussed Middle East security issues. February 5, 1985 / by phone Wayne Berman / Jeffrey Bergner, Chief of Staff, Senate Foreign Relations Committee. Activity: discussed Saudi Arabia - u.s. issues.' February 11, 1985 / 12:00 / Meeting Paul J. Manafort / Tony Cortesmin. Activity: discussed proposed Saudi Arabia arms package, February 26, 1985 / by phone Wayne Berman / Graham Bannerman, Peputy Chief of Staff, Senate Foreign Relations Committee. Activity: discussed Saudi Arabia - u.s. Security issues. DOJSCO-402206573 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 422 of 577 March 11, 1985 / by phone Wayne Berman / Ron Neumann, Deputy Director, Saudi Arabia Section, Department of State. Activity: discussed u.s. - Saudi Arabia relations, economic, trade and security issues, and other Middle East issues. March 14, 1985 / Meeting Wayne Berman / Andy Walquist, A.A. to Senator Warner. Activity: Arabia. discussed congressional attitudes towards Saudi March 18, 1985 / by phone Wayne Berman / Jeff Bergner, Chief of Staff, Senate Foreign Relations Committee. Activity: discussed congressional perspectives on Saudi Arabia security requirements. March 21, 1985 / 1:00 / Meeting Wayne Berman / Al Drischler, Neill and Co. Activity: discussed security assistance and Middle East issues. April 1, 1985 / 12:00 / Meeting wayne Berman / Jack Shaw, private consultant. Activity: u.s. - Saudi Arabia relations. April 7, 1985 / 12:00 / Meeting Wayne Berman / Graham Bannerman, Deputy Chief of Staff, senate Foreign Relations Committee. Activity: discussed general foreign policy issues in regard to the Middle East. April 11, 1985 / Meeting Wayne Berman / Senator Lugar, Chairman, Senate Foreign Relations Committee. Activity: discussed Saudi Arabia's role in Middle East peace process and regional security threats from Iran. DOJSCO-402206574 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 423 of 577 April 17, 1985 / by phone Wayne Berman / Jeffrey Bergner, Chief of Staff, Senate Foreign Relations Conunittee. Activity: Follow-up on 4/11 conversation with Senator Lugar. April 18, 1985 / 1:00 pm / Meeting Wayne Berman (empl ‫ס‬yee of Paul J. Manafort, Atty at Law ) / Jeffrey Bergner, Chief of Staff, Senate Foreign Relations Committee • Activity: discussed Middle East security issues. April 19, 1985 / 12:00 / Meeting Wayne Berman / Sam Ballenger, A.A. to Senator Laxalt. Activity: discussed congressional perspectives on Saudi Arabia. April 29, 1985 / by phone Wayne Berman / Russ Rourke, Assistant Secretary of Defense. Activity: context. discussed u.s. - Saudi Arabia relations in a defense DOJSCO-402206575 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 424 of 577 (PAGE S) IV-FINANCIAL INFORMATION 14. (a) RECEIPTS-MONIES During this 6 month reporting period, have you received from any foreign principal named in Items 8, 9 and 10 ofthis statement, ‫ ס‬r from any other source, foror in the interests ofany such foreignprincipal, any contributions, income ormoney either as compensation or otherwise? Yes liil No 0 lf yes, set forth below in the required detail and separately for each foreign principal an account of such monies. 3 Date '" From Whom Purpose Amount 1/17/85 The Gov't of Saudi Arabia Consulting Fee 200,000.00 5/06/85 The Gov't of Saudi Arabia Consulting Fee 50,000.00 5/06/85 The Gov't of Saudi Arabia Expense Reimbursement 702.55 $250,702.55 Total ( b) RECEIPTS-THINGS OFVALUE During this 6 month reporting period, have you received any thing ofvalue4 other than money from any foreign principal named in Items 8, 9 and 10 ofthis statement, or from any other source, for or in the interests of any such foreign principal ? Yes 0 No ‫ובע‬ If yes, furnish the following information: Nameof foreign principal Date received Descripli‫ ס‬n of thing ofva/ue Purpose 3 A rcgi.~ tr;1‫ !מ‬is rcquircd t<1 filc <‫ מו‬J;x hi ‫ר‬l it !) ir hc \-'(;!!cct ~ <>r rcccivc ~ c 19 ~8u6_~ this- ~~"=~~"-~c ~L= __~/~_.,..‫_כ‬/9 9 0 My commission expires - -- ~·:: ~' ~: Paul J. Manafort, Jr. (8oth coples qfthls amendment 11hal/ beslgned and sworn ‫ו‬o beforeQ nota y‫ ו‬publlcorother person au‫ ו‬hor/zed to admlnfsteroaths by the agent, l/ther~strant ‫ו‬s an lndl ‫ע‬ldual, orby a mqforlty o/ thase parrners, ofjlcers, dlrec‫ו‬ors or persons 11trform/ng 11imlfar/unctlons who Qft ln the Unlted States, l/the reglstrant ls an organfzatlon ). Subscribed and sworn to before me at :tj 1 ~ ;‫ד‬0 l4tiii ~ 4 :ii'. 2 44 :, (Notary or oth'er of[i~ef) -: '~ · »;'; . ~{;,;~- ~~~~,,,''ic~‫'ז‬j : ·::';:-, ':;-! f‫~נ‬.'·‫'_ן‬ ,,,. 1 ~' . ‫';_~~ז‬-; :‫~ז‬: .,, ,. ,'.,_,,\ .·.·j; ;:- -‫ו‬. ."'' DOJSCO-402206547 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 434 of 577 AGREEMENT By this Agreement entered 1986, between Attorney Paul J. (hereinafter Consultants), and Royal Kingdom of Saudi Arabia, Parties agree as follows: 1. into on the 7th day of January, Manafort and his Associates, the United States Embassy of The (hereinafter the Embassy), the Scope of Employ‫נ‬n ent. Consultant will provide professional services to the Embassy that will be of general nature. Such professional services shall include, but not be limited to, the monitoring and . l ‫ס‬bbying ‫ ס‬f legislation in the Congress and the Executive Branch of the United States Government , participation in the development and implementation of a strategy to aid in the procurement of foreign military sales, and advancement of the other unspecified goals of the Embassy • 2. Term. This Agreement will continue in force for a term ‫ ס‬f oao yeal'. 'S ‫ ~ו‬M ‫ ס‬JVTlt '"‫כ‬ 3. Fees. In return for the performance of the service outlined herein, the Embassy agrees to compensate ~ Consultant the base amount of $!00,000 with said amount G,P. being payable upon the execution of this Agreement • F/'~7 Additionally, consultant shall receive additional compensation on a quarterly basis for projects undertaken on behalf ‫ ס‬f the Embassy • q .-?1 In addition to such fees, the Embassy will reimburse Consultant on a monthly basis for all reasonable and necessary expenses including su.ch expenses as travel , telephone, and postage and other incidental expenses in connection with the perf ‫ ס‬rmance ‫ ס‬f the Embassy's work • 4. Miscellaneous Provisions. A. Notice. All notices provided for herein shall be sent by certified mail, postage prepaid, and addressed as follows: ::u ~ f;: · n ‫ו‬r-1 -{;;.::; ;:‫כ‬ ‫ר‬c To Consul tants: ‫רזד‬ >‫ז‬---. Paul J. Manafort, Esquire , , ::" '-· 324 North Fairfax Street :·; ~';,:~ Alexandria, Virginia 2 2 ~;1·:;~_ ~;~ ;.~~;>~ Kinqdom of Saudi Arab :‫נ‬.a c: To Embassy of Roval HRH Prince Bandar bin Su:B:an; Embassy ‫ ס‬f saudi Arabia -1 -< 601 New Hampshire Avenue, NW Washington, DC 20036 :‫;נ‬: ::‫ס‬ :‫ג‬: :‫>ין‬:‫י‬ -"\ f ‫ךר‬ c.‫ר‬ ‫ה‬r .= :s,.,, ~ ~:;::: ,-~ .\ Ji !; ..-...:::‫"'ס‬- ·::.:.~ ~·-- c‫כ‬ ~ DOJSCO-402206548 -· Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 435 of 577 B. Te r‫ב‬n ination • Notwithstanding the above, this Agreement may be te r‫ז‬n inated with 30 days written notice • IN WITNESS WHEREOF, the Parties hereto, by their respective and duly authorized officers, have hereunto set their names. PAUL J. MANAFORT, ESQ. )' BY;;.~-"-.,<.-'--'""".‫ו‬--<----;~.::u.-+-‫ר‬F.,<.-,..q..~~ EMBASSY 0 THE ROYAL KINGDOM OF SAUDI ARABIA -------·_.. -·. - ~ ,,_~~--e--c,/-/c~ BY~~~~~~~~~~~~~~~~ DOJSCO-402206549 Case Document 525-2 Filed 02/23/19 Page 436 of 577 EXHIBIT 1028 Case Document 525-2 Filed 02/23/19 Page 437 of 577 REDACTED Case Document 525-2 Filed 02/23/19 Page 438 of 577 EXHIBIT 1237 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 439 of 577 From: Rick Gates Sent: Wednesday, November 14, 2012, 10:28 AM To: Cc: Subject: Contract Attachments: contract FINAL 11-2012.docx; NoName.att Please find attached the final version of the contract with your requested changes. Please let me know if there are any other issues. Regards, Rick GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 1237 CONFIDENTIAL Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 440 of 577 DATED 01 JULY 2012 and CONSULTANCY AGREEMENT CONFIDENTIAL Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 441 of 577 2 st THIS AGREEMENT is made the 1 day of July 2012 BETWEEN: (1) ("the COMPANY"); and (2) ("the CONSUL TANT"). RECITALS (1) The COMPANY wishes, in view of the CONSULTANT's relevant skills, knowledge and experience to engage the CONSULTANT to provide certain consultancy services to the COMPANY (2) The CONSULTANT is willing to provide such services to COMPANY on and subject to the terms and conditions of this Contract. 1. DEFINITIONS AND INTERPRETATION 1.1 The following terms shall have the following meanings for the purpose of this Agreement: "Affiliate" of a specified person means any other person that directly or indirectly through one or more intermediaries controls or is controlled by, or is under direct or indirect common control with, the specified person (and 'control' means the ability or (as the case may be) the possession (directly or indirectly) of the power to direct or cause the direction of the affairs, management or policies of such person, directly or indirectly, whether by contract or ownership of voting securities or otherwise and 'controlled' shall be construed accordingly); CONFIDENTIAL Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 442 of 577 3 "Board" means the Board of Directors of the COMPANY; "clause" means clauses in this Agreement unless the context has a contrary meaning; "Commencement Date" means 1st July 2012; "COMPANY" where the context so admits includes the COMPANY's Affiliates; means from the 1st July 2012 for a period of 6 "Term" months unless and until this agreement shall be terminated by either party in accordance with Clause 7, or by either party giving the other notice of termination of no less than three calendar months. 1.2 Headings contained in this Agreement are for reference purposes only and should not be incorporated into this Agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate. 1.3 References to parties, clauses, schedules, sub-clauses and exhibits are to the parties to, clauses of, sub-clauses of, schedules to and Exhibits to this Agreement, respectively. 1.4 Except where the context requires otherwise words importing the singular include the plural and words importing any gender include every gender, and (in each case) vice versa. 1.5 In this Agreement: 1.5.1 references to a 'person' shall be construed so as to include any individual, firm, company, government, state or agency of a state or any joint venture, partnership or other body corporate, unincorporated association partnership (whether or not having a separate legal personality); CONFIDENTIAL and Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 443 of 577 4 1.5.2 references to any English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official, or any legal concept or thing shall in respect of any jurisdiction other than England be deemed to include what most nearly approximates in that jurisdiction to the English legal term; 1.5.3 general words shall not be given a restrictive meaning by reason only of the fact that they are followed by particular examples intended to be embraced by the general words or introduced by the word 'other' and preceded by words indicating a particular class of acts, matters or things and accordingly the rule known as the ejusdem generis rule shall not apply to this Agreement; and 1.5.4 references to a statute or statutory provision shall include a reference to the statute or statutory provision as modified or re-enacted or both from time to time, and any subordinate legislation made thereafter. 1.6 References in this Agreement to anything which any party is required to do or not to do shall include his acts, defaults and omissions, whether direct or indirect, on his own account or for or through any other person and those which he permits or suffers to be done or not done by any other person. 2. APPOINTMENT 2.1 The COMPANY engages the CONSULTANT as CONSULTANT of the COMPANY's business for the Term. 3. OBJECT OF THE AGREEMENT 3.1 During the Term the CONSULTANT shall devote such of his time attention and abilities to the COMPANY business as is necessary for the proper exercise of his duties as CONSULTANT but nothing contained in this Agreement shall (subject to Clause 6) preclude the CONSULTANT from acting in a similar or any other capacity for any other person firm or COMPANY. CONFIDENTIAL Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 444 of 577 5 3.2 The CONSULTANT shall advise and assist the COMPANY as required in all branches of its business including in particular but without prejudice to the generality of the above provide general strategic and consulting advice to the COMPANY on a range of areas. The CONSULTANT in particular shall provide political and economic analysis and provide advice on specific economic policies for countries outside the European Union, and will provide the writing of occasional reports and memos to the COMPANY and will ensure the availability of the CONSULTANT to make a series of trips for work in Eastern Europe and Asia in countries that are outside the European Union. 3.3 Should the COMPANY at any time in future require services to be rendered by the CONSULTANT in European Union countries, then a new agreement shall be decided upon and such services shall be regulated under a different agreement. 4. 4.1 THE COMPANY'S OBLIGATIONS In consideration of the services to be rendered by the CONSULTANT under this Agreement the COMPANY shall pay to the CONSULTANT: 4.1.1 A fee of EUR € 930,000.00 (nine hundred thirty thousand euros). 5. SECRECY 5.1 The CONSULTANT shall not at any time during or after the Term divulge or allow to be divulged to any person any confidential information relating to the business or affairs of the COMPANY other than to persons who have signed a secrecy undertaking in the form approved by the COMPANY. 5.2 The CONSULTANT shall not permit any person to assist in the provision of the services under this Agreement unless that person has signed such an undertaking. 6. TERMINATION The following obligations are conditions of this Agreement and any breach of them shall be deemed a fundamental breach which shall determine this Agreement immediately and the rights and liabilities of the parties shall thereafter be determined. CONFIDENTIAL Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 445 of 577 6.1 6 Failure on the part of the COMPANY to make punctual payment of all sums due to the CONSULTANT under the terms of this Agreement 6.2 Failure on the part of the CONSULTANT to observe any material obligation under this Agreement. 6.3 The levying of any distress or execution against the COMPANY or the COMPANY's liquidation (other than a members' voluntary liquidation). 7. DELIVERY UP OF DOCUMENTS ON TERMINATION The CONSULTANT or his personal representatives shall upon the termination of his engagement immediately deliver up to the COMPANY all correspondence documents specification papers and property belonging to the COMPANY which are in his possession or under his control. 8. AMALGAMATION OR RECONSTRUCTION OF THE COMPANY If before the end of the Term the engagement of the CONSULTANT is terminated by reason of the winding-up of the COMPANY for the purpose of amalgamation or reconstruction or as part of any arrangement for amalgamation not involving windingup and the CONSULTANT shall be offered an engagement with the amalgamated or reconstructed COMPANY for a period of not less than the unexpired part of the Term and on terms not less favourable than the terms of this Agreement the CONSULTANT shall have no claim against the COMPANY in respect of such termination. requirement by a governmental authority for taxes and contributions in respect of payments made to the CONSULTANT. 9. SUPERSEDES PRIOR AGREEMENTS This Agreement supersedes any prior agreement between the parties whether written or oral and any such prior agreements are cancelled as at the Commencement Date but without prejudice to any rights which have already accrued to either of the parties. 10. MISCELLANEOUS 10.1 Notices All notices to be given under this Agreement shall be in writing and shall either be delivered personally or sent by first-class or airmail prepaid post or by telex, cable or CONFIDENTIAL Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 446 of 577 7 facsimile transmission and shall be deemed duly served: 10.1.1 in the case of a notice delivered personally, at the time of delivery; 10.1.2 in the case of a notice sent inland by first-class prepaid post, 2 clear business days after the date of dispatch; 10.1.3 in the case of a notice sent overseas by airmail, 7 business days (being business days in the place to which the notice is dispatched) after the date of dispatch; and 10.1.4 in the case of a telex, cable or facsimile transmission, if sent during normal business hours then at the time of transmission and if sent outside normal business hours then on the next following business day provided (in each case) that a confirmatory copy is sent by first-class prepaid post or by hand by the end of the next business day. Each notice shall be addressed to the address of the party concerned set out in this Agreement or to such other address as that party shall have previously notified to the sender; 10.2 The COMPANY's right to assign This Agreement and all rights under it may be assigned or transferred by the COMPANY. 10.3 10.3.1 Proper law and jurisdiction This Agreement shall be governed by BVI law in every particular including formation and interpretation and shall be deemed to have been made in the BVI CONFIDENTIAL Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 447 of 577 8 Any proceedings arising out of or in connection with this Agreement may be 10.3.2 brought in any Court of competent jurisdiction in the BVI. The submission by the parties to such jurisdiction shall not limit the right of 10.3.3 the CONSULTANT to commence any proceedings arising out of this Agreement in any other jurisdiction he may consider appropriate. Any notice of proceedings or other notices in connection with or which would 10.3.4 give effect to any such proceedings may without prejudice to any other method of service be served on any party in accordance with Clause 12.1. 10.4 Rights cumulative All rights granted to either of the parties shall be cumulative and no exercise by either of the parties of any right under this Agreement shall restrict or prejudice the exercise of any other right granted by this Agreement or otherwise available to it. 10.5 Survival of terms No term shall survive expiry or termination of this Agreement unless expressly provided. 10.6 Waiver The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement. 10.7 Costs Each of the parties shall pay any costs and expenses incurred by it in connection with this Agreement. 10.8 Third party rights A person who is not a party to this Agreement has no rights [under the Contracts (Rights of Third Parties) Act 1999] to enforce any terms of this Agreement. 11. ARBITRATION All disputes or differences which at any time arise between the parties whether during the Term or afterwards touching or concerning this Agreement or its CONFIDENTIAL Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 448 of 577 9 construction or effect or the rights duties or liabilities of the parties under or by virtue of it or otherwise or any other matter in any way connected with or arising out of the subject matter of this Agreement shall be referred to a single arbitrator to be agreed upon by the parties or in default of agreement to be nominated by the [President for the time being of the Chartered Institution of Arbitrators] in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment of it for the time being in force. AS WITNESS the hands of the parties the day and year first above written SIGNED by for and on behalf of SIGNED by for and on behalf of CONFIDENTIAL ) ) ) ) ) ) ) ) ) ) ) _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ __ Case Document 525-2 Filed 02/23/19 Page 449 of 577 EXHIBIT 1307 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 450 of 577 MEMORANDUM To: From: Subject: Date: PJM SA Report – Media Plan August 1, 2012 The public release of the report prepared by the Skadden Arps (SA) law firm will provide a major opportunity for the Government to re-set the agenda and demand a fresh appraisal of its position regarding the trial and conviction of Yulia Tymoshenko. This document will address the global rollout strategy for the SA legal report, and provide a detailed plan of actions. This event will provide an opportunity for Ukraine to challenge the international (European/US) perception that it is mounting selective political prosecutions that do not comply with international standards. It is clear that much of the truth concerning the crimes committed by YT has been overlooked, and misunderstood. The SA report conveys a direct and coherent account of the facts that will show the international community that the judicial system in Ukraine worked in this case but that some elements can be improved. However, this moment presents equally significant challenges, in addressing the report’s likely criticism of some procedural missteps and countering the onslaught of an extremely effective campaign being waged by the Government’s opponents. It is inconceivable that the report will bring an end to heated debate; on the contrary, it is most likely to provoke an intense effort by all interested parties to claim that the report vindicates their position and a further phase of scrutiny by the international media and diplomatic community. The media plan for the SA report release is built with the following observations in mind: 1. It is clear that most media reporting and misreporting, and misperceptions amongst the diplomatic and political communities, emanate from international wire service reports with Kiev-based correspondents. 2. Inaccurate or incomplete reporting by the newswires is repeated without challenge or factchecking by international media outlets. In fact, the international media will have difficulty accepting the conclusions of the Skadden report because their reporting , to date, has been siginificantly slanted towards the Tymoshenko positions. To now embrace the Skadden report would be to repudiate their previous reporting. This is highly unlikely to happen. 3. There is no plan in place that ensures such inaccuracies are corrected. 4. Media relations techniques in Ukraine follow the convention of news conferences rather than individual briefings. Showpiece news conferences take place after each legal event, and are often hijacked by some elected politicians interjecting into statements by prosecutors. 5. The information about the case online has not been sufficiently available in English, and the media has to work too hard to find a position counter to the clearly communicated plan of YT. 6. Certain elements of the media and YT's team will attempt to take the negative aspects of the trial procedures in which Western due process was not followed, and attempt to weave a headline from GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 1307 00213 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 451 of 577 those negative points, while attempting to ignore the main tenent that she was tried and convicted fairly under Western standards. Media Strategy and Plan Based on current information, SA is expected to deliver its report the week of August 9th to the MoJ. The communications strategy, outlined below, is subject to modification depending on the content of the final SA report. However, we are proceeding with the following points in mind: • The report was commissioned by the Ministry of Justice (MoJ) not the Office of Prosecutor General’s Office (OPG). • The report will conclude that the trial was valid and that crimes were committed by YT, but that some irregularities existed in the process that are not in line with Western jurisprudence. • It will present a more detailed analysis of the facts and evidence in the process than has previously been seen by the international community. • The report will be in English and that version will represent the official record. • The report will contain some criticism of the OPG and the Judge, based on the process and procedures of the trial, and these criticisms, will be exploited by our opponents. • SA cannot proactively lead in communications, given their restrictions by FARA registration and disclosure. In order to neutralize the inevitable attacks that will commence as soon as the report is released, and optimize our control of the story, we need to be pro-active in reaching out to carefully chosen key stakeholders. The approach would be as follows: Report Release 1. The final report (in English) will be delivered by SA to the MoJ the week of August 9th, and will carry the firm’s authoritative imprimatur; but the responsibility for publication and distribution rests with the MoJ. 2. The full text of circa 180 pages, which includes an executive summary, will be published in Ukrainian (subject to translation by the MOJ) and English languages. The report will be further translated in Russian (at the direction of the MOJ). Only the English translation will be the responsibility of SA. SA will work with the MOJ to ensure the integrity of the translated versions of the report. 3. The report will be released by the MoJ with a press statement by email distribution. The statement will be drafted by and approved by the MoJ. The statement will accompany the report and distributed to key stakeholders, and placed on the Ministry’s website. In addition, the statement will be translated into multiple languages. 4. Talking points and Q&A material will also be drafted by for all key groups that will need messaging. It is imperative that complete discipline is assured in this process. There can be no mistakes with the release process, messaging, and the messengers so that the utmost credibility will be viewed with the process. 5. In order to generate good will toward certain key stakeholders, a small number of individuals will be notified just prior to the release of the report by MoJ. This will include key members of the EU ), the EC, the USG, and foreign diplomats in Kyiv. 6. In addition, a small number of international journalists should be briefed in advance of the publication of the report, under strict embargo, and formally contacted by the MoJ press team (with support from the AC team on behalf of the MoJ. 00214 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 452 of 577 7. will manage simultaneous distribution of the Report on the release date and send to key political stakeholders in Brussels, Berlin, London, Paris, Rome, and others. A list of the key stakeholders is attached (Attachment 1). This will include outreach to , plus think tanks and interested NGOs. The Ukrainian embassy in Brussels will be asked to distribute information more widely to MEPs on the release date and the ECFMU will do similar disseminations. will focus on the specialist legal writers, analysts and commentators. Post Report Release 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. will need to do briefings and interviews (group and one-on-ones) with key stakeholders in the Attachment, and as specified below. will not initiate these briefings but it will be done through and the AC team in the key targeted cities. A private briefing with should be offered to immediately following the release of the report. Depending on scheduling, this meeting should happen as soon as possible. A private briefing should also be offered to the Ukrainian Commissioner for Human Rights, a fluent English and German speaker. Special attention should be given to the German and Russian media in this distribution, as well as those journalists previously briefed by the First Deputy PG on his media tours in major European cities. Consideration should be given to visiting Moscow for one round table briefing with a group of leading correspondents covering Ukrainian matters from there. Similarly, he should do a roundtable in Berlin for interviews with a selection of the most influential commentators. The Prosecutor General will release a press statement immediately following publication of the SA report, welcoming the report and the analysis given its role and involvement as prosecutors in the trial process. will draft the press statement and seek approval from the OPG. Both the MoJ and PG’s offices will receive many media enquiries and requests for comment. Responses by both teams of press officers must be carefully logged, tightly controlled and closely supervised. will draft the messaging points for the MoJ and the OPG, and prep the press staffs of both departments for handling the media enquiries. Skadden will also receive a large number of media calls about the report and will be obliged to respond on the record. With the agreement of Skadden, the team will manage the inbound flow of those calls. No Government entity should stage a news conference for the international media because it reduces our control and also because it is unlikely that international media outlets will send enough journalists to attend such a conference in Ukraine. Instead, we could field the PG / First Deputy PG and potentially other media trained senior Government Ministers for a small number of one-to-one interviews following the publication of the report. A domestic news conference is a possibility but the Kyiv-based foreign correspondents could not be excluded and control would still be a challenge. It would be preferred to do a small number of limited domestic interviews, carefully planned and managed. The President’s Administration should instruct the Ministry of Foreign Affairs to distribute a briefing pack to all foreign ambassadors based in Kyiv and all Ukrainian ambassadors in EU Member States, plus US and Russia. The pack should include the full Report, the talking points and the statements of both the MoJ and PG, with a covering note from the Minister of Justice and clear instruction to distribute the Report and statements to their respective stakeholder constituencies. It is essential that there should be no slippage in the timetable, ( i.e. this onward distribution must occur once the MoJ releases the its statement and report). 00215 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 453 of 577 Reactions and Responses 18. The likely follow-on story will be that the opposition will try to use the report to mount a campaign calling for a re-trial. There will be substantial international pressure placed on the Government to act on the report. We have to be firm in the position that this report concludes that a crime was committed and that the weight of evidence would have secured a conviction under a Westernstyle system, irrespective of any minor procedural issues. 19. All ambassadors and departments of Government must use the same message and stand firm that any politician in any country who behaved in this way would have been punished. 20. will draft message points for the Government on these subjects and take into account likely criticism levied by YT’s legal team, the Opposition, and other members of the international community. Command Center A Command Center must be established to ensure the absolute strictest discipline throughout this process. The Command Center will disseminate talking points and act as the point-of-contact for any information that is distributed by the Government. This includes the package of material that will go to foreign embassies via the MFA, cover letters, interview requests, and all written and verbal responses. The Center needs to have a dedicated set of resources including: • separate translators for multiple languages (Russian, Ukrainian, English, German and French) • writers to assist and others in drafting the messaging • dedicated office with no access for outside parties – it must be a secure center • a lead person for the office needs to be selected to coordinate the activity of the Command Center and to address the actions by the MoJ, OPG and SA. We are about a week to ten days away from the release of the final report. The plan and related actions need to be implemented as soon as possible so that we are fully prepared to deal with the release of the SA report. As soon as it is released, it will go viral and we need to make sure we are fully prepared to deal with the impact from the international community. Once the report is released, a public perception war will ensue, and her legal team and supporters, will do everything possible to undermine the credibility of the SA report. I need your approval of this plan to begin moving forward. 00216 Case Document 525-2 Filed 02/23/19 Page 454 of 577 EXHIBIT 1308 Case Document 525-2 Filed 02/23/19 Page 455 of 577 Subject: Re: an ur ent re uest ON lT From? Date: 9/19/12. 9:29 AM To: Rick Gates CC: Paul Manafort happy to speak to Senator ?and ask hm to delay or tone down or stop the resolution Sent from my iPad On Sep 19. 2012. at 15:25. Rick Gates?vrote: On it. Thank you. From: To: Paul Manafort Cc: Rick Gates Subject: Re: an urgent request ON IT Am with- now. who is speaking to who is getting ready for the wedding of his only will talk to yes. He is delighted to speak to and try to calm things down and ask them to wait and tust him..Need rick to call me in three minutes so we can set this up. make it says yes here is his personal and private mobile and- call him The Senator can dial him directly or- can put him on He will keep he phone open until midnight CET or six pm DC time He is very keen to delay and calm things down Sent from my iPad On Sep 19. 2012, at 15:12. Paul Manafort?wrote: Keep me posted on [call to- status GOVERNMENT From: Rickcates? m" 0.5. WI .ldT?-n MJJ Date: Wed. 19 Sep 2012 08:07:57 -0500 1308 I 00012 Case Document 525-2 Filed 02/23/19 Page 456 of 577 To: Paul Manam? Subject: Re: an urgent request ON lT He was supposed to talk with-yesterday but I have not heard back. Trying to reach him. I will brief him on the other items and see if he can call- as well. From: Paul Manafort To: Rick Gates Subject: Re: an urgent request ON IT ls - calling - From: sates? Date: Wed. 19 Sep 2012 07:51:49 ?0500 . To: Paul Manafort Subject: FW: an urgent request ON IT Message was delivered to -C05 and he is now aware. Do we have a sense of what time .will call-of?ce? I am working on-of?ce now. Please let me know. Rick From: Paul Manafor To: Rick Gates Cc: Kilimnik" Subject: Re: an urgent request ON lT Rick 1 would recommend that- be made aware of these facts andl role as a designated representative of the President of the EP. We ought to try to make the connection from both ends. Have_ aware of and the importance of-talking tolwho has been tasked with the intermediary role. should also be made aware of the fact that the US would be getting out front in a political way even further than the EP has gotten by passing this resolution. Finally the points of my last email to you are relevant re- understanding the acceptability of holding the hearing but not passing any resolution at this time. should make this point to- as well. From: Rick Gate Date: Wed. 19 Sep 2012 05:39:08 ?0500 To: Cc: Paul Manafort Subject: Re: an urgent request ON lT .00013 Case Document 525-2 Filed 02/23/19 Page 457 of 577 The number for- is You can also ask for his - If your guy is going to call I suggest you have him call too. This just as important since is driving the legislation.? number is Keep me posted. From: To: Cc: Paul Manafort Subject: Re: an urgent request ON IT Ok i am on it. Will see Chancellor and place the call to in 90 minutes Rick is gettng me a direct line to of?ce. Sent from my iPad From: Date: September 19. 2012 11:44:31 To: Cc: Konstantin Kilimnik Subject: an urgent request We have an idea with regard to the draft res under consideration Senate?s foreign relations committe. Would it be ossibie to reach out to and ask him to make an early morning call tohwith the following messages (more details in the attached ?les): - After having exerted substantial pressure on Ukraine. the European Union is now pursuing the olic of en a ement with Ukraine on the Tymoshenko case. in particular. the recent ission to Ukraine proved to be helpful and efficient leading to quite a number of very substantial and unprecedented achievements. The policy of engagement with Ukraine is far more efficient that the policy of the alienation of Ukraine. - Yuiia Tymoshenko exhausted national remedies and her application is now under consideration by the European Court for Human Rights (ECHR). Therefore. proper assessment of the Tymoshenko case can only be done after ECHR delivers its highly authoritative judgment. - the discussion about situation in Ukraine can take place today but it is obvious that resolution calling for the relase of Ms Tymoshenko can be helpful if adopted after the October elections. .00014 Case Document 525-2 Filed 02/23/19 Page 458 of 577 not prior to them. Paul works through his channels and is sending the same messages. He also supports the above initiative. The issue is under Big Guy's personal control. As you understand. the matter is very urgent and we understand the time pressure but it would be fantastic if such a call could take place. Best regards, .00015 Case Document 525-2 Filed 02/23/19 Page 459 of 577 EXHIBIT 1349 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 460 of 577 ladies and Gentlemen of the Press, I am addressing you today in my capacities as President of the European Center for a Modern Ukraine, as and as . My fellow Members of Parliament and I are deeply concerned over the one-sided news coverage about Ukraine, through which the impression is increasingly developing that Ukraine has turned away from the EU. However, the opposite is the case: the Ukrainian Parliament and the Government have clearly dedicated themselves to Europe, to its values, to democracy and the rule of law. Concrete measures implemented by the incumbent government over the past few years make this clear: 1. Reforms and Modernisation Ukraine still has to grapple with the consequences of the Soviet era. These appear, for example, throughout the judicial system or through corruption, which is unfortunately still prevalent in Ukraine. Whereas the previous government was far too inactive, the current Parliament and the reigning government have made important steps here: last month in April 2012, the Ukrainian Parliament passed several different laws to reform the code of criminal procedure. These laws will make criminal proceedings more transparent and decisively strengthen the rights of the accused and their defense. The draft laws were prepared in close coordination with the European institutions and were expressly approved by the Venice Commission of the Council of Europe. We are combating corruption. Bribery and exerting political influence have been incorporated into the penal laws, a move which was well received by the Group of States Against Corruption (GRECO) of the Council of Europe. As a result, proceedings have been opened against 800 politicians and functionaries, 300 from my own party, the Party of Regions, among them. No one is above the law- not even former Minister Presidents. 2. The Case of Tymoschenko The European Committee for the Prevention of Torture is expressly invited to inspect the conditions of the detention of Ms. Yulia Tymoschenko and other oppositional politicians on location again. The accusations from Ms. Tymoschenko with respect to the alleged use of force during her transfer to the Central Clinical Hospital No. 5 "Ukrsalisnyzja" in Kharkiv are already being independently investigated by the Prosecutor General of Ukraine. We honor every decision of the European Court of Justice for human rights. However, we are convinced that the investigations of the European institutions will confirm the legality of the criminal proceeding and the conditions of detention. 3. Free Elections Free and fair elections are an essential element of every democracy. We are therefore doing everything in order to ensure transparency and justice in the run-up to and during the parliamentary elections of 2012. The opposition has access to the media and can [PAGE \* MERGEFORMAT] GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) Subject to Rule 6(e) FOIA Confidential Treatment Requested 1349 00008671 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 461 of 577 freely carry out their own electoral campaigns. The international observers of the OSCE are cordially invited to stringently monitor the elections. Potential irregularities will be immediately confronted. 4. EURO 2012 The Ukrainian government, the Ukrainian Parliament and the Ukrainian people have done everything in recent months and years so that EURO 2012 will be a complete success for us and our European friends. Please allow us in this way to demonstrate that Ukraine is a part of Europe. Ukraine has come a great deal closer to the EU under the government, as the initialing of the Association Agreements demonstrates. Nevertheless, we will still require the support of Europe. We have to further modernize our society and implement sensitive reforms without Ukrainian society coming apart in the process. For this to occur, we need economic success. In this respect, we hope that the EU will keep its words and support us on our way forward, particularly in light of the negotiations with Russia over fair gas prices and the modernization of our gas transport system. The current Ukrainian government and the Ukrainian Parliament demonstrate through their doings how very much we are dedicated to Europe and its values; we hope that Europe allows its deeds to speak to us as well. I would be very pleased if, as a journalist, you could bear these aspects in mind more strongly in the future. I remain at your disposal at any time for further information. Sincerely from Kiev, [PAGE Subject to Rule 6(e) FOIA Confidential Treatment Requested \* MERGEFORMAT] 00008672 Case Document 525-2 Filed 02/23/19 Page 462 of 577 EXHIBIT 1351 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 463 of 577 Message From : Sent : 5/18/2012 7:20:35 PM To : Subject: Ukra ine - what we've been up to Attachments : Building con fi dence in the prosecution of Y.pdf Attached is a short presentation that we prepared yesterday for the Prosecutor General. It gives a flavour of the work we're doing. As you will understand, it takes longer to get anything done here because of the language barrier - we' re using translators for every meeting - the cultural gulf, Government staff mentality and absence of know-how. We have established trust with the Prosecutor General and his team . He told us yesterday that he was delighted with our work and had told the President. He said we could have whatever we need to do the job, so we now have Government drivers running us around, security clearance and are being treated like colleagues. They feed us well, too ! We've been provided with a huge amount of briefing, both in document form and in a series of meetings with prosecutors, experts and others, and have been working round the clock to digest and convert this into press backgrounders, web content, Q&As etc. We've set up an operations room, with computers, phone lines and other office equipment. We've been media training the team of prosecutors. And we've been meeting every evening with the lawyers, to tap into their knowledge, although they have been a little coy about sharing too openly with us, to maintain the integrity of the review that they have been commissioned to undertake. They have been interviewing a vast number of witnesses and tipping us off about the nuggets they've found and the key people for us to meet. is now convinced of Yulia's guilt and that the case against her is extremely strong. We agree. We got a good deal on our hotel, because it's new and have blocked out rooms for the next couple of months. Frankly, I am sure that we'll be here at least till the end of the year. The base fee that we have agreed with Rick Gates at Davis Manafort is £90,000 per month. As soon as I get the first wire transfer, I am going to tell him that the client gave his approval yesterday for us to proceed urgently with a Research project, a website and digital/social media strategy. Each of these will require additional budget and this should take our monthly revenue up to around £150,000. I' ll update you on that as we make progress. Thanks for all your understanding and support. GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 1351 CONFIDENTIAL 000894 Case Document 525-2 Filed 02/23/19 Page 464 of 577 CONFIDENTIAL --000895 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 465 of 577 BUILDING INTERNATIONAL CONFIDENCE IN THE PROSECUTION OF YULIA TYMOSHENKO KYIV MAY 2012 CONFIDENTIA L -000896 Case Document 525-2 Filed 02/23/19 Page 466 of 577 .maag? Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 467 of 577 Our Specialist Practices Corporate Finance/ Restructuring Economic Consulting • Restructuring/ Turnaround Services ■ • Bankruptcy Support Services a Business Valuation • Transaction Advisory Services ■ ■ • International Arbitration ■ ■ Private Equity Performance Improvement Interim Management • Investment Banking Antitrust & Competition Economics Intellectual Property Forensic and Litigation Consulting • Forensic Accounting & Advisory Services • Global Risk & Investigations Practice • Dispute Advisory Services 11 Labor& Employment Intellectual Property ■ Trial Services • Public Policy ■ Financial & Enterprise Data Analytics 11 Compliance , Monitoring & Receivership ■ a Regulated Industries a Securities Litigation & Risk Management Strategic Communications ■ Financial Communications • Corporate Communications ■ Public Affairs ■ Creative Engagement Technology ■ Computer Forensics & Investigations ■ Discovery Consulting ■ E-discovery Software & Services ■ Strategy Consulting & Research .... 3 "" CONFIDENTIAL 000898 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 468 of 577 The Challenge: Overcoming Ignorance • Foreign observers see prosecution of Tymoshenko as "political persecution". • The charges are not understood: little is said about the evidence. • Tymoshenko is seen as a female celebrity, the champion of European integration and victim of a corrupt, self-interested political-industrial group. 111 m Her background as rich oligarch and history of corruption completely overlooked. Ukraine is seen as a country struggling to escape its Soviet past, with foreign observers assuming the law is unfair, and subject to political influence. • Tymoshenko is a skilled communicator, with a highly effective and professional team of campaigners who are fighting her cause through the media, NGOs and political communities. • Statements by the Prosecutor General's office are dismissed as evidence of political influence. m1 With global focus on Ukraine for Euro 2012 and the start of a second trial, we must be proactive in communicating the facts quickly. ... 4 ..• CONFIDENTIA L 000899 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 469 of 577 Communication Objectives m Explain the real story ; show the evidence. 11 Expose the real Tymoshenko. 11 Challenge ignorance, prejudice and bias within international reporting. 11 Seek to achieve accurate, fair and balanced coverage. 11 Neutralise the impact of the Tymoshenko campaign tactics. m Win acceptance for Ukraine's diligent and professional prosecution process. m Minimize disruption of the Euro 2012 tournament. mt Defend Ukraine's international reputation. ... 5 ..• CONFIDENTIA L 000900 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 470 of 577 Recommended strategy 1. Create a compelling story and message 2. Establish a single, rapid source for authoritative information 3. Plan now to persuade tomorrow 4. Engage the international media dynamically 5. Reinforce the diplomatic effort 6. Build a web channel for international media 7. Mobilise a digital / social media strategy 8. Monitor changing sentiment and evaluate progress ... 6 ..• CONFIDENTIA L 000901 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 471 of 577 Create a compelling story and message IS im Take control of the narrative about Tymoshenko. Re-frame her as a corrupt oligarch, rather than paraded as a beacon for democracy. IS Focus on the facts: evidence convinces. m Simplify this complex case, help the media to follow it. ii Convey the facts without emotion . ii Prepare to answer any question put to us. ... 7 ..• CONFIDENTIA L 000902 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 472 of 577 Setting the key messages f!\1 Messages will be developed by "brainstorming" together. m Key themes include: 1. No angel: behind the hair, lurks the real Tymoshenko. 2. Anti-corruption clampdown in Ukraine: others accused . 3. Crime is crime : no citizen is above the law. 4. Fraud: the largest committed in Ukraine. 5. European analogy: other countries are pursuing corrupt po Iiticians. 6. Evidence: reviewed by leading international experts. 7. A just response: fair treatment both at trial and in prison. ... 8 ..• CONFIDENTIA L 000903 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 473 of 577 Establish a single, rapid source for authoritative information LI Open an international press office and 'phone line. mm Log and track all international media enquiries. mt Create a timeline of all activity to enable effective planning for media "spikes". 11 Launch a dedicated media information website. LI Mobilise a digital/ social media strategy . ... g ... CONFIDENTIAL 000904 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 474 of 577 Plan now to persuade tomorrow f!\1 ta r1 1a Enhance the effectiveness of key spokespersons with media training and an alternative. Enhance the effectiveness of the press service with training - to be more confident and influential. Advise on effective management of the media at trial. Develop a comprehensive map of the stakeholder landscape. m Identify the safest media targets for proactive engagement. ta Develop a timeline for future challenges and risk posed by the Tymoshenko campaign, and plan our response . -·· 10 .. CONFIDENTIA L 000905 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 475 of 577 Engage the international media dynamically f!\1 ta Pre-brief journalists and consider their response to our position . If appropriate, offered for interviews. or his alternative should be r1 Monitor the output and correct any errors. 1a Follow up and maintain a dialogue with the journalist. 11 Use effective online strategy to link constructive articles. ta Zero tolerance of inaccuracy or bias - rapid and firm rebuttal. -·· 11 ... CONFIDENTIA L 000906 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 476 of 577 Reinforce the diplomatic effort f!\1 w r1 11 We are part of your team , not the President's office or Ministry of Foreign Affairs . Essential to show the prosecution as independent from political and diplomatic affairs. Coordinate with all key parties , target the right people and ensure that communications is working effectively. Support Ukraine's ambassadors in their communications. m Target key foreign ambassadors in Kyiv, with clear and effective briefing documents. Ii Support your dialogue with international delegations, to overcome ignorance and educate on the facts. -·· 12 .. CONFIDENTIA L 000907 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 477 of 577 Build a web channel for international media f!\1 Create a media information portal m Referred to and linked to from the current Prosecutor General of Ukraine's website (www.gp.gov. ua). rs Key source for the international media. m ~ ~ ~ ll!l 11 ll!l ll!l ll!l Statements and responses Background briefing papers Photos and video to download Register for email alerts Social media links to YouTube, Facebook, Twitter etc Calendar of key upcoming events List of key contacts Searchable English language priority ~ consider others -·· 1.~ ... CONFIDENTIAL -000908 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 478 of 577 ...... .. .,....,_._,.,,.•.-. ..... .-.·•;w.. · ... ·..,..,,,.,.,......... ................. -............ ,., ........... •·••··•·................................ .......,,., .• ,· .. •· ;,-........ M, .•.,...,, • • .. w.-...-...-., ... .- ..........,_w,,,.•.,,. . ,.,,,.VM, .. Mt"'· ~ .... · ~ • - ·w.~............ .. . , .................-.. ....... •·• .............................................,............. .,...,.,.. ,.,. ......-• .. · .............. Back to main webS1te w.· ....... -=-=-~ Pye/ Yitp ! E.t:19 PROSECUTOR GENERAL OF UKRAINE ress Office He-.adline to main stor1 lorem ipsum dolor sit Homo Public ai1110.i11cement$ Bacl ~ Media tooJJdt - Ou,e1\llnkt 10 kty ~la .. Tirn-el1ne ~ Images ~ 8 ,roll (D A~rts Calendar Key d;i~s M~; NI.Illa, sompu tortor lpsum. Cms tincidunt lobortls prellum AHqoam suseipit motis enim slfd malesuada Vivamuis. qu,s em eu tellus tempu~ hlll):iuada Vivamus quill <;>Iii eu tellus t,m,pus heod~rit N,m~ $cl!,c,wdl11 1r1s1lque m.ignll lo l:i~!\1111 :n 22' 23 24 25 2!3 27 28 29 30 31 MORE, CONFIDENTIAL J) Enter a subpJtl, topic Of keyworu lacus id ntsi p.eltentesque consequat, Lorem !psum dolor sit amm, consectetur adipisdng elit. Duis ac /1Et!$. ,. J 000909 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 479 of 577 Mobilise a digital / social media strategy f!\1 Online, Tymoshenko in winning the argument - we must change this w Smart strategy is essential - understanding convergence of traditional media, search engine optimisation (SEO) and social media. 11 Create positive content, amplifying key messages for the most influential online sites venues . 11 Suppress negative content via the search engines. -·· 15 .. CONFIDENTIAL 000910 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 480 of 577 0, 51:;,'lrr.h ., ....................... ,.. .. I t6 Like I Message Yulia Tymoshenko I ' 5,531 l!h;s • 579 talr,'ng -1bout this Per$Omi 1wbs1te Yulia Tymoshenko http://tyrno;;henlormal\ito npo Mi.tMy /~0•.u~c np6M't-:-p-Mittir.-rpa ·>1 Kp,=;1►u1 ~,:;:;tr~r;~~,.; npo t-~~Mij:""; ... 16 ... CONFIDENTIAL 000911 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 481 of 577 World Effl Ty111oshenko Refuses lHedical Treabnent over 'l\:Iedia Leaks* Topic: Yulia Tymoshenko case KIEIJ, M.:19 15 (R IA Novosti) Tags: Viktor Var,ukc,•;yd,, Vulia T•!m<•5henk{\, !<-iev, Uknin.r: Ukrainian ex-Prime Minister Yulia Tymoshenko, who is serving a seven-year jail term over her role in the signing of a 2009 gas deal with Russia, has refused to continue medial treatment for spinal disk herniation, Ukrainian Deputy Health Minister Olexandr Tolstanov said on Tuesday. Last week, Tymoshenko, who has suffered from severe spinal pain, was moved to a hospital in the eastern Ukrainian citv of CONFIDENTIAL Related Ne1.vs • Ukraine's Top Court Shelves Tymoshenko Appeal • Tym•nhenko Stops Hung.;,r S-trike • Tym'lshenko NC1ved from Jail to Hos pita.I • Prosecutors Refuse to Open Tymoshenko A.ssauH Case 000912 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 482 of 577 Mobilise a digital / social media strategy 1. Digital Analysis • • 2. First, analyze media, biogs, videos, message boards, social network communities, Twitter and more - to capture and understand opinions, comments and conversations. We will make detailed recommendations for digital / social media strategy. Digital / Social Media Dashboard • • Set up a real-time dashboard that wil l mine the online media landscape for news articles, social media mentions and conversations / posts. Follow all activity in real time and take action immediately. 3. RSS News Aggregator • • • Establish RSS Feed Reader button and synchronize with our website RSS is used by millions of web users worldwide to keep track of their favourite websites RSS shares relevant and up-to-date information with our followers subscribers promptly after the content is published -·· 1B ... CON FIDENTIA L 000913 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 483 of 577 Monitor sentiment and evaluate progress Understand and track views of international "Opinion Leaders" & "Policy Makers". 1. Opinion Leaders • • ,. Influence the attitudes and behaviour change of their followers . Target communications at them - "trickle down" messages to influence target groups. This group is sophisticated and more actively engaged in media and debate that general population. 2.. Policy Makers s s 111 At the centre of the policy debate; occupy positions of public and private influence. Their views are also shaped distinctly by Opinion Leaders. While elected officials can be hard to reach for research purposes, their staffs, who represent and advise them, are generally reachable. -·· H) ... CONFIDENTIA L -000914 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 484 of 577 Research: Benchmarking 1. European Opinion Leaders Survey 1,000 respondents in business and political leadership across the EU 2. Ukraine Opinion Leaders Survey 1,000 respondents within Ukraine to understand attitudes towards the prosecution. 3. EU Brussels & National Policy Makers (EU institutions, M EPs, country MPs, their political staffers, assistants and stakeholders) Survey 100 high level respondents to understand their opinions on the prosecution. 4 CONFIDENTIA L -000915 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 485 of 577 Research: Benchmarking Questions: 1. Awareness of the present situation. 2. Knowledge of key facts. 3. Their perspective on key points and drivers. 4. Levels of motivation to actively or passively to be involved. 5. Information sources (push and pull). 6. Influence & credibility of information sources . 7. Impact upon reputations and actions. 8. Forecasting of likely scenarios. -·· 21 ... CONFIDENTIA L 000916 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 486 of 577 Research: Tracking & evaluating progress Set up dedicated team and system for ongoing tracking research. ► Understand how sentiment is shifting - positively or negatively - to inform tactical action. ► Testing of messages and scenarios. 1. Focus Group (qualitative) 2. Online surveys (quantitative) 4 CONFIDENTIA L 000917 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 487 of 577 Forensic Accounting and Investigations provides an integrated set of services relating to forensic accounting, fraud investigation, anti-corruption and asset tracing. Our investigative experience is global and diverse. Our experts have been involved in many large fraud, corruption and asset tracing assignments in many jurisdictions. For example, this work includes: • Asset tracing investigation for the of many billion pounds of state owned assets. in relation to the alleged improper transfer • Assisting the in the recovery of $5bn which had been misappropriated by management through a series of loans, investments and other transactions. • Investigating allegations of bribery and corruption on behalf of the sanctions against Iraq and the "Oil For Food" programme. • Assisting the division. in relation to with setting up an anti-corruption and fraud investigation with a global • Assisting the Trustee for the liquidation of asset tracing investigation , in relation to the largest ever reported Ponzi scheme in US financial history. police in a confidential corruption enquiry and a multi-jurisdictional • Assisting the asset tracing investigation. The allegations had been made against an open ended mutual fund that held investments in the Russian telecom industry. The amount involved was in excess of US$1 billion. -·· 2:j ... CONFIDENTIAL 000918 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 488 of 577 Our Roadmap: This week 0 Mapping of stakeholders, especially media ii Review legal documents and produce briefing packs: - Backgrounder - Message Book - Timeline ii Media train key spokespeople m Identify media targets and arrange outreach 111 Produce diplomatic briefing document 0 Engage with third parties involved in diplomatic activity m Develop diplomatic engagement plan lffl Support hearing -·· 24 ... CONFIDENTIA L 000919 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 489 of 577 Roadmap: Week 2 in Sweden for diplomatic meetings m m Media engagement in Sweden? 11 UK media engagement 11 Possible US media engagement ~ Develop Trial Plan for 2 nd case m Complete m Training m trial team media training for Press Team Launch website and populate it with content -·· 25 ... CONFIDENTIA L 000920 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 490 of 577 Roadmap: Week 3 m Brussels media outreach m French media outreach 11 German media outreach 11 Discuss issues plan for Euro 2012: security/broadcasting/stunts 11 Initiate social media strategy 11 Present research and stakeholder mitigation plan m Plan for use of report by law firm -·· 26 ... CONFIDENTIAL 000921 Case Document 525-2 Filed 02/23/19 Page 491 of 577 .000922 Case Document 525-2 Filed 02/23/19 Page 492 of 577 EXHIBIT 1357 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 493 of 577 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 1357 Case Document 525-2 Filed 02/23/19 Page 494 of 577 To: Cc: Subject: RAP51.com: U.S. attorneys in ECHR under Tvmoshenko case to cost Ukraine $12,5k attorneys in ECHR under Tymoshenko case to cost Ukraine $12,5k KIEV. June 22 - RAPSI. The US. law firm Skadden will cooperate with the Ukrainian Justice h?linistry as part of former Prime Minister Yulia Tymoshenko's lawsuit in the Euro Jean Court of Human Rights. and charge the country no less than $1 Mint?aid on Friday In August Tymoshenho submitted to the European court an appeal against her arrest. Her defense submitted to the court additional documents on the violation of her right to a fair trial. The Justice Minist attracted Skadden to take part in the process under Tymoshenko?s procedure in the court in late May Earlier._aid Skadden is a leading ?rm The Justice h?linistry entered into a contract with the firm worth ($12,500) in accordance with Ukrainian logislation aid. A Kiev district court sentenced Tymoshenko in October 20] to seven years in prison for abuse ofpower in The judge declared that Tymoshenko abused her position as prime minister and issued directives regarding gas contract negotiations in Moscow. which were poorly documented and Incl-ted the government's consent. Tymoshenko has been diagnosed with a spinal disc herniation. German doctors have been treating her at 2-hospital since May To ensure compliance with Treasury Department regulations, we advise you that. unless otherwise expressly indicated, any federal tax advice contained in this message was not intended or written to be used. and cannot be used. for the purpose oftfi} avoiding tax-related penalties under the lntemal Revenue Code or applicable state or local tax law provisions or (ii) promoting. marketing or recommending to another party any tax-related matters addressed herein. This email {and any attachments thereto} is intended only for use by the addresseets) named herein and may contain legally privileged andi?or con?dential information. if you are not the intended recipient of this email. you are hereby noti?ed that any dissemination. distribution or copying ofthis entail [and any attachments thereto} is strictly prohibited If you receive this email in error please immediately notify me and permanently deiete the original email {and any copy of any email) and any printout thereof. Further information about the firm. a list of the Partners and their professional quali?cations will be provided upon request. CONFIDENTIAL .003081 Case Document 525-2 Filed 02/23/19 Page 495 of 577 EXHIBIT 1486 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 496 of 577 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 1486 Case Document 525-2 Filed 02/23/19 Page 497 of 577 EXHIBIT 1608 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 498 of 577 From: To: Sent: Subject: 5/4/2012 6:35:31 PM Send to Rick? Want me to send to Rick, or you? -----Original Message----From: Sent: Friday, May 04, 2012 2:33 PM To: ■ Subject: RE: Have pis send to rick to have centre send to us -----Original Message----From: Sent: Friday, May 04, 2012 10:17 AM To: Subject: RE: Have This could work, but one condition: Either s counsel or I should draft the statement they sign. Under the FARA statute and under the forms, we need to ensure that ECFMU is not "directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part" by a government of a foreign country or a political party. See 22 USC 611. -----Original Message----From: Sent: Friday, May 04, 2012 9:55 AM To: Subject: Fw: Have Spoke last night He will send us statement that centre gets no funding from gov or party We should put them under a continuing duty to report on this issue Then LDA file GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 1608 FOIA- Confidential Treatment Requested Case Document 525-2 Filed 02/23/19 Page 499 of 577 Original Message From: Rick Gates [maiito? Sent: Thursday, May 03,2012 06:17 PM Subject: Re: Have No worries. Call back when you can. Thanks. On May 3, 2012, at 6:17 wrote: To wait 20 minutes to talk FOIA Confidential Treatment Requested Case Document 525-2 Filed 02/23/19 Page 500 of 577 EXHIBIT 1763 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 501 of 577 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 1763 To: Cc: Subject: Assessment Sorry for the ?re drill but I need some input from you by 100pm today. I need you guys to pull some notes from each ?rm that pertain to an assessment on the client and our efforts. In simple terms, I need to know, from your perspective, the following: 1. What has gone well with the project 2. What can be done better (strategy, communications, planning, etc.) 3. Reviewing the last 6-months what are the and weaknesses you have seen (this can include those ofthe team and those of the client. For example, the Durbin resolution showed us that the client is extremely weak in Congress even with an Embassy present) As we know in this business, client relationships are an evolving process. We do not need to get into strategy here. Call this your thoughts over the last 6-months. I need to take your material and create a larger document that will be used to brief the President. There will be no attributions. This will be deemed an assessment by Paul on what Ukraine has done well and what it can do better as we move into 2013. It does not need to be polished as it is more notes for me to build the larger document. It can be in bullet format or how ever you like. Call me if you have any questions. Thanks. (3?77 1. What has gone well with the project? 0 Our outreach to most of?ces on the Hill and opinion leaders in DC have been well received, but in order to maintain credibility, we must deliver surrogates that we set up meetings for. . Crisis communication, from both the client perspective and our perspective has been well de?ned. . Election communication and strategy. The constant ?ow of information enabled our team to thoroughly and comprehensively update third parties that were interested in the elections. 0 Reporters responded well to our daily outreach because there was substance to them. . @modern_ukraine receives a good level of engagement on Twitter and has high-quality followers. There has been good communication here between MCW and FH. 2. What can be done better (strategy, communications, planning, etc.) Reviewing the last 6- months what are the and weaknesses you have seen (this can include those of the team and those of the client. For example, the Durbin resolution showed us that the client is extremely weak in Congress even with an Embassy present). . We need to re?start our outreach in 2013 with a proactive, systematic approach. 0 De?ne our messaging. Concentrate our outreach. 0 Build relationships with the new leadership of both Senate Foreign Relations and House Foreign Affairs Committees. 0 Manufacture initiatives to engage US opinion leaders. 0 Develop an early warning system within the Administration and State Department to alert us of possible actions and statements regarding Ukraine. . Major problem: Fire drills trip dysfunction. In order to do our work well, we need time. This will allow our team to eliminate scrambling to see who is available to do our meetings, and enable our team to really get the most bene?cial meetings for Ukrainian of?cials. Embassy double-booking and/or taking the lead on meetings we set up (without our knowledge). We need to better open the lines of communication between our organization and the Embassy. . The ECFMU has withstood initial scrutiny and has started to become a voice that opinion leaders consider. In order to become more credible, we need to initiate the following to become more visible and build a reputation: 0 Programming throughout 2013 in DC (and possibly NYC) 0 A new leader of the ECFMU that can be a credible, reliable and relatively unbiased voice. 0 Consideration of a Washington voice/of?cial of the ECFMU in Washington, and/or an Executive Director of the US Allies Project (same criteria as ECFMU leader in Brussels). 0 Surrogates (foreign policy human rights experts, etc.) both on contract and not, that we can work to cycle in to panels and conversations led by that involve Ukraine in regular intervals. .0018968 CM77 0 Interactions that don?t involve airplanes utilizing available technology (Skype, teleconferencing, etc.) that will allow Ukrainian leaders to connect with US. elites without having to travel. 0 Media engagement. Outside of the elections, it has been dif?cult to drive a narrative with the press corps without surrogates that can deliver meaningful news that relates to the US. We need to develop and manufacture initiatives and programming to enable ECFMU to engage media in a purposeful way with a more tangible and action-oriented pitch. 0 To this end, our blogger program during the election-season produced impactful results. We strongly recommend restarting this program to help develop the aforementioned initiatives and programming. 0 We also recommend increasing our access to Facebook so that we can work to make it as engaging as our current Twitter account. 0 The website upgrade that was talked about a few months back is also strongly encouraged in order to increase functionality from the current word press website. . It would be helpful for our team to analyze a list of available surrogates for the Centre. We think it would be productive to go through the list and give accurate assessments on the plausible success that each visitor would have and the attention that the visits would receive. This would allow us to plan far ahead of time for who we would target with each visitor. 0 Opposition conversations. We need to change tactics regarding the opponents that we face in the US. Knowing that we will not convert opponents, we need to let the air out of the room and slowly chip away at opponents have been engaged in conversations that we have had with them and have both reached out to us regarding their concerns and points of view). 0 We have to define what we are saying and who we need to be saying it to. Case Document 525-2 Filed 02/23/19 Page 505 of 577 EXHIBIT 1937 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 506 of 577 From: To: CC: Sent: Subject: Rick Gates 11/19/2013 12:50:29 AM Fwd: RESOLUTION CALLING FOR THE RELEASE OF FORMER UKRAINE PRIME MINISTER YULIA TYMOSHENKO PASSES US SENATE ATT00001.htm; ATT00002.htm; ATT00003.htm; BILLS-113sres165rs.pdf; Ukraine Res Floor - Final.pdf; image001.png Attachments: Sent from my iPhone Begin forwarded message: From: Date: November 18. 2013 at 7:34:42 PM EST To: Subject: Fw: RESOLUTIOc'i CALLI:"'iG FOR THE RELEASE OF FORVIER L'KRAI:"'iE PRIME MI:"'i!STER YL'LIA TYMOSHEc'iKO PASSES US SEc'iATE Here's statement and his joint statement with The information contained in this transmission is attorney privileged and/or confidential information intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 1937 FOIA - Confidential Treatment Requested 00049020 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 507 of 577 For Immediate Release Contact: November 18, 2013 RESOLUTION CALLING FOR THE RELEASE OF FORMER UKRAINE PRIME MINISTER YULIA TYMOSHENKO PASSES US SENATE Tymoshenko Has Been Held Since 2011 on Politically Motivated Charges Washington, D.C. and member of the Senate Foreign Relations Committee, today led the unanimous passage of a Senate resolution calling for the release of Ukraine's former Prime Minister, Yulia Tymoshenko. In 2011, Tymoshenko was sentenced to seven years in prison for allegedly abusing her power in the awarding of a natural gas contract. Numerous political and human rights groups have called the charges politically motivated and selectively prosecuted and called for Tymoshenko's release. said: "I am dismayed by the seeming inability to find a reasonable compromise that would allow Ms. Tymoshenko to be released to seek medical treatment abroad, a move that would allow us to instead focus on strengthening the important ties between the US, EU, and Ukraine. Just last week, after two years of dithering on finding a solution, the Ukrainian Parliament postponed a vote on a bill that would have secured Tymoshenko's release. So today, I've offered, and the Senate has FOIA - Confidential Treatment Requested 00049021 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 508 of 577 unanimously approved, a resolution calling for the immediate release of Yulia Tymoshenko." "There is still time to find a solution before the Eastern partnership Summit takes place at the end of this month, so I am hopeful that our friends in Ukraine will be able to find an honorable way forward that puts the best interest of their country first and ends Ms. Tymoshenko's detention." "President Yanukovych should seize a historic opportunity for the Ukraine by freeing former Prime Minister Yulia Tymoshenko from jail, and agreeing to a crucial trade and political agreement with the European Union," said Sen. "This is a moment requiring presidential leadership to create an opportunity for a more hopeful and prosperous future for the Ukraine, not a time to step backward and retreat on the march toward increased democracy and freedom. President Yanukovych needs to make the right decision, sign the Association Agreement with the European Union, and take the necessary steps to achieve this important goal." Since her trial and imprisonment in 2011, numerous human rights groups and government around the world, as well as the European Court of Human Rights, have called the charges politically motivated and called for Ms. Tymoshenko's release. The Parliamentary Assembly Council of Europe passed a resolution in January 2012, declaring that the articles under which Ms. Tymoshenko was convicted were, "overly broad in application and effectively allow for ex post facto criminalization of normal political decision making." Later that year, both the European Parliament and the U.S. Senate passed resolutions condemning the sentencing of Ms. Tymoshenko and calling for her release. FOIA - Confidential Treatment Requested 00049022 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 509 of 577 In late April, The European Court of Human Rights ruled that Ms. Tymoshenko's pre-trial detention was unlawful, that the lawfulness of her detention had not been properly reviewed, that her right to liberty had been restricted, and that she had no possibility to seek compensation for her unlawful deprivation of liberty. Video of floor remarks on the resolution will be available here. A copy of the resolution - cosponsored by attached along with Senator - is prepared remarks on the measure. -30- FOIA - Confidential Treatment Requested 00049023 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 510 of 577 FOIA - Confidential Treatment Requested 00049024 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 511 of 577 FOIA - Confidential Treatment Requested 00049025 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 512 of 577 III CalemnN>. 95 1V3TII CONGRESS lwr SEssrox s. ULS. 165 I"-.:..._ Calli11g· for the release from prison of former Prime ::\Iinister of Ukrni11e Ynlia Tymoshenko in light of the reeent Buropea11 Court of Human Rights rnling. ,JL'\I, 10, 2018 ,fr:-..:1, 25, 2018 Reported by , ,Yith an amendment and an amendment to the preamble [Strikt> out all aftp1· tlw r<>~olving· <,lau~e and in~<•t't tht> pmt printed in italie I [Strih the 1m·amble and in~l'l't tlw part printed in italie] RESOLUTION Calling for the release from prison of former Prime Minister of Ukraine Yulia 'l1yrnoshenko in light of the recent European Court of Human Rights ruling. 1,Vhm·eas, iR August 1991, the- Ukrainian Parliament cleelared independence frem the- Suviet Union att4 apprnved erees- te- ffH:fl:t its- ewR Soviet military 1Hl:it-s FOIA - Confidential Treatment Requested ae- eaffeney att4 take eonunund ef all eH its seil-; 00049026 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 513 of 577 2 Whe1:·etrn, HI: December 1091, 00 percent et Ukrainians vetet-1: HI: a referemhnn te sapport independence f'.rem the Soviet Union· ' 1.Vhereas Ukraine has e_x.perienced increased economic and I3B- litieal cooperation with Earnpe and the United States siH:ee i-ts independence f-rem the Sw.'iet Union; 1.Vhe1:·etrn, HI: 1996, Ukraine t~dopted i-ts firs-t democratic ee1:r- stitation that ineladed -13-asi-e freedoms et speech, tumem hly, religion, and p1:·er3s, 1.Vhe1:·etrn, HI: 2001, Ukrainians organized a series et historic prnter3ts, stI·iker3, and t3it ins known as the "Orange Revelution'' te prntest electm·al f:'.rau.€l. HI: the 2-0-G-4 presidential election; Whereas ¥uli-a. rrymoshenko was- a leader et the Orange Reveh1tion and was- firs-t elected as P1:·ime Minir3ter HI: 2005; 1.Vhernas, HI: the 2-G-l-0- presidential election, inc.unbent ~ - €1:eH:t Viktm· Y1mhchenko weft eHly 5. 5 pe1:·cent HI: the firs-t 1:·oand et ·voting, which left fonner Prime Ministe1:· Viktor Ymmlrnvich and theft P1:·ime l\linister ¥uli-a r:t"',vmoshenko te faee eHe another HI: a nm off election; Whe1:·etu3 Mr. Y mmkovich defeated -Mtr. r:t,ymor3henko -13;¥ a margin et 4-9 percent t-e 44 percent; Whe1:·eas, ett October l-±-, 2011, Ms. r:t,yn1oshenko wa-s- found guilty Ufl:d sentenced te seveft yeftffl Hi prirmn ett charges that she abased her position as Prime l'.Iinister iH connec tiett with a Rassian natural gas contnwt; Whe1:·eas, ett Janam·y 2--&, 2012, the Parliamentary Assembly Coancil et Earope (PACE) pLH3Ded a reDolation (1862) that declared that the t~rtieles antler ,·d1ich -Mtr. r:t,ymor3henko was- convicted were "overly broad HI: applica •SRES 165 RS FOIA - Confidential Treatment Requested 00049027 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 514 of 577 3 tieE: atte: effectively -allew fer ~ j3BBt fue-te criminalization ef normal politicd decision making''; Whei·eas, Mey g..g.,. 2012, the Earopean Parliament passed ett a resolution (C153/21) deploring the sentencing ef l\fo. r:eymor.;henko; Wheretrn, September 2-2, 2012, the United Statef3 Senate fill: passed a resoh1tion ~ Re& 4-0-0-, 112th Congress) th-at- condemned the selecfr,Te afl:d politically motivated f:WttS"ecation afl:d imprisonment ef ¥ttli-a r:t"'ymoshenko, called fer her release, afl:d ct~lled BB the Department ef ~ to- institute a visa b-aR against these responsible fur the Hftprirmnment ef Mir. r:t,yrnmhenko t:tflft the e-tlter political leaders associated with the 2-0-04 Orange Revelation; Whei·etrn, BB April +, 2013, Prer3ident ef Ukraine Viktor Yta1akovich panlonecl fonner interim· minister ~ LutDenko afl:d DmTeral e-tlter opposition figurCf3 -alliea with ~ r:eyrnor.;henko; Whei·etrn, ett April &-9, 2013, the Earnpean Cmfft ef Haman Rio'ht"1~3, ·d1ich "ettle" ni' rig·ht" nbT'e" p.f'~m•• ~ 1l d ~3 t:tt _ 1~3 U, \._,f3 f3 pmm ~ Llll..lC!..lll. ~ ~ tiffs lttwe- exhtnu,ted t~ppeals ift their heme cmmtry cmu't8, :f'tl:±00 th-at- :M-& ri."'ymo8henko' r3 pre trial detention h-a4 beeH: arbitrary; th-at- the kwfulnem.; ef her detention h-aa lle-t beeH: properly reviwxed; th-at- her right to- libei·ty h-aa beeH: restricted; arul, th-at- she h-a4 no possibility toseek eompernmtion fer her anlavdul deprivation of liberty; Wheretrn, fill: April g..g.,. 2013, i·eiterated the United Stuter3 c-all th-at- ~ r:eymoshenko ~ released afl:d th-at- the praetice ef se-- leeti.,,Te prot-Jecation eft6. immediately" ift light ef the Europe-all Coart of Haman Rights decir3ion; •SRES 165 RS FOIA - Confidential Treatment Requested 00049028 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 515 of 577 4 Whe1:·et~f3 Ukraine hopef3 te ffigJ:1: ftH Uf3fmciation ag1:·eement with the Earnpean Union daring· the Easten1 Partnernhip 8ammit i-R November 2013; -anEl 1.Vhereas, a£-ter the Earopean Coart et Haman Rights ruling, f:3tated that ''Ukraine i-s- still HH:les- -away t¥ffiR falfilling Earopean standards" aB:E-1: ffitl:-Ht ~ its selective jtrntice" before f3igning the t~fmociution agreement: New, therefore, b-e it W1iereas, in August 1991, the Ukrainian Parliarnent declared independence f1·orn the Soviet Union and approved decrees to mint its own currency and take command of all Soviet rnilitary units on its soil; W1iereas in Decernber 1991 90 1oercent of' Ukrainians voted in ' ) ) . a referendurn to support independence fi·orn the Soviet Union· ) vViiereas Ukraine has e.1:perienced increased econornic and political cooperation with Europe and the United States since its independence fi·orn the Soviet Union; W1iereas, in 1996~ []kraine adopted its ffrst dernocratic constitution that included basic fi·eedorns of speech, assernbly, religion, and press; W1iereas in 2004, Ukrainians organized a series of historic protests, strikes, and sit-ins known as the ((Orange Revolution" to protest electoral fi·aud in the 2004 presidential election; vViiereas Yulia 'Tynwshenko was a leader of the Orange Revolution and was ' first elected as Prirne Minister in 2005· ) vFhereas, in the 2010 presidential election, incurnbent President Viktor Yushchenlw won only 5.5 percent in the first round (d' voting 1 which left forrner Prinie J.Vlinister Viktor •SRES 165 RS FOIA - Confidential Treatment Requested 00049029 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 516 of 577 5 Yanukovich and then Prirne 1vlinister Yulia Tynwshenko to face one another in a run-off' election; W7iereas 2vlr. Yan:ulwvich defeated ills. Tyrnoshenlw by a rnargin of 4.9 percent to 44 percent; vViiereas1 on October 111 2011 1 ivls. Tyrnoshenko was found guilty and sentenced to seven years in prison on charges that she abused her position as Prirne iVlinister in connection with a Russian natural gas contract; W7iereas on January 26, 2012 the Parliarnentary Assernbly 1 1 Council of Europe (PACE) passed a resolution (1862) that declared that the articles under which ills. Tyrnoshenko was convicted were "overly broad in application and effectively allow for e.x post facto criminalization of normal political decision rnaking"; W7iereas on May 30, 2012 the European Parliarnent passed 1 1 a resolution (0153/21) deploring the sentencing of Ms. Tyrnoshenko; W7iereas on Septernber 22, 2012, the United States Senate 1 passed a resolution (S. Res 466~ 112th Congress) that condernned the selective and politically rnotivated prosecution and irnprisonrnent of Yulia Tyrnoshenko, called for her release based on the politicized charges, and called on the Departrnent of State to institute a visa ban against those responsible for the irnprisonrnent of Ms. Tyrnoshenko and the other political leaders associated with the 2004 Orange Revolution; W7iereas 1 on April 7, 2013, President of Ukraine Viktor Yanukovich pardoned forrner interior rninister Yuri Lutsenko and several other opposition figures allied with Ms. Tyrnoshenko; •SRES 165 RS FOIA - Confidential Treatment Requested 00049030 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 517 of 577 6 vVhereas, on April 30, 2013, the European Court of Hionan Rights, which settles cases of rights abuses qfter plaintiff's have e.xhausted appeals in their home country courts, ruled that iVls. 'Tymoshenkr/s pre-trial detention had been arbitrary; that the lawfitlness of her pre-trial detention had not been properly reviewed; that her right to liberty had been restricted; and, that she had no possibility to seek cornpensation for her unlaiu.fitl deprivation of liberty; W1iereas, on April 30, 2013, reiterated the United States call that Ms. 'Tymoshenko ((be released and that the practice of selective prosecution end immediately" in light of the European Court of Hwnan Rights decision; W1iereas Ukraine hopes to sign an association agreernent with the European Union during the Eastern Partnership Summit in November 2013; and W1iereas, qfter the European Court of Human Rights ruling, stated that ((Ukraine is still rniles away frorn fit~f'illing European standards" and rnust ((encl its selective ,justice" before signing the association agreernent: Now, therefore, be it 1 Resolved ) ~ th€ Senate -(--1-j- e-alls- ett the Government of Ukn1ine te re- 2 ~ 1:1 ymoshenko f¥em 3 lea-se former Prime l\i[inister 4 imprisonment ifi light of the April WM Earnpean 5 Coart ef Harmm Rights yerdiet; f-2-:}- e-alls- ett the Earopean Union members te ifi- 6 7 elttae the release of Ms. 1:1 ymoshenko f¥em impr·ison 8 Ifteftt -a-s- ftft important eriterion fer f3ig·ning· ftft tt-f3-f3B- •SRES 165 RS FOIA - Confidential Treatment Requested 00049031 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 518 of 577 7 1 eiution agreement with Ukraine ttt the apemnmg 2 EtrnteI·n Purtnernhip Sammit m Lithuania; f3-t expressef3 its- -13-elief Ufl:6: fffif1€- 3 that Ukraine'f3 4 fatare res-ts with strnnger -ties- te Europe, the United 5 State8, Ufl:6: othern 6 Ufl:6: m the eommanity ef demoerueief3; 7 f4f expresses its- eoneern Ufl:6: disappointment 8 that the eontinaed seleetive Ufl:6: politieully motivated 9 . . t nnprrnonmen ".(' f t:t:t:onner Prime 10 1-"'ymoshenko anneeemmrily detraets frem Ukraine's 11 othenyif.;e 12 United States, Ufl:6: the emmmmity ef demoeraeief3. 13 'That the Senate- strnng relatimmhip with Earope, (1) calls on the Governrnent of Ukraine 14 the to release 15 forrner Prirne iVlinister Yulia 'Pyrnoshenko f1"orn irn- 16 prisonrnent based on politicized and selective charges 17 and in light of the April 2013 European Court of 18 Hurnan Rights verdict; 19 (2) calls on the European Union rnernbers to in- 20 elude the release of Ms. 'Pyrnoshenko f1·orn imprison- 21 rnent based on politicized and selective charges as a 22 criterion for signing an association agreernent with 23 Ukraine at the upcorning Eastern Partnership Surn- 24 rnit in Lithuania; •SRES 165 RS FOIA - Confidential Treatment Requested 00049032 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 519 of 577 8 I (3) e.1::presses its belief and ho:pe that Ukraine's 2 fidure rests with stronger ties to Europe, the United 3 States, and others in the cornrnunity of dernocracies,· 4 and 5 (4) e.1:presses its concern and disappointrnent 6 that the continued selective and politically rnotivated 7 irnprisonrnent 8 'Tynwshenlw unnecessarily detracts f1·orn Ukraine's 9 otherwise strong relationship with Europe, the United 10 of .forrner Prirne 1Vlinister Yulia States, and the cornrnunity of dernocracies. •SRES 165 RS FOIA - Confidential Treatment Requested 00049033 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 520 of 577 FOIA - Confidential Treatment Requested 00049034 L!) (") Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 521 of 577 0 0) 'Sj" 0 0 0 Calendar No.95 11:1m co:--:m{E88 1NT 8ENNIOX S • RE s165 RFSOLUfION Calling for the relrnse from pri8on of former Prime :\lilli;;kr of Ukraine Yulia 'l'ymoshenko in light of th<' recellt European Court of Human Rig:ht;; ruling·. .Jr·x1c 2;i, 201a lkported with an amendnwnt and an arnend1uent to th(~ preambk -0 Q) en Q) ::::i O' Q) 0::: c Q) E cu ~ 1- cii ~ Q) -0 <;::: C 0 (_) I <( 0 LL Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 522 of 577 << /ASCll85EncodePages false /AllowTransparency false /AutoPosition EPSFiles true /AutoRotatePages /None /Binding /Left /CalGrayProfile (Dot Gain 20%) /CalRGBProfile (sRGB IEC61966-2.1) /CalCMYKProfile (U.S. Web Coated \050SWOP\051 v2) /sRGBProfile (sRGB IEC61966-2.1) /CannotEmbedFontPolicy /Error /Compatibilitylevel 1.4 /CompressObjects /Off /CompressPages true /ConvertlmagesTolndexed true /PassThroughJPEGlmages true /CreateJobTicket false /DefaultRenderinglntent /Default /DetectBlends true /DetectCurves 0.0000 /ColorConversionStrategy /LeaveColorUnchanged /DoThumbnails false /EmbedAIIFonts true /EmbedOpenType false /ParselCCProfileslnComments true /EmbedJobOptions true /DSCReportingLevel 0 /EmitDSCWarnings false /EndPage -1 /I mageMemory 1048576 /LockDistillerParams true /MaxSubsetPct 100 /Optimize false /OPM 1 /ParseDSCComments true /ParseDSCCommentsForDocl nfo true /PreserveCopyPage true /PreserveDICMYKValues true /PreserveEPSlnfo true /PreserveFlatness true /PreserveHalftonelnfo false /PreserveOPIComments true /PreserveOverprintSettings true /StartPage 1 /SubsetFonts false /TransferFunctionlnfo /Preserve /UCRandBGlnfo /Preserve /UsePrologue true /ColorSettingsFile () /AlwaysEmbed [ true ] /NeverEmbed [ true ] /AntiAliasColorlmages false /CropColorlmages true /ColorlmageMinResolution 300 FOIA - Confidential Treatment Requested 00049036 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 523 of 577 /ColorlmageMinResolutionPolicy /OK /DownsampleColorlmages false /ColorlmageDownsampleType /Bicubic /ColorlmageResolution 300 /ColorlmageDepth 8 /ColorlmageMinDownsampleDepth 1 /ColorlmageDownsampleThreshold 1.50000 /EncodeColorlmages true /Color ImageFilter /Fl ate Encode /AutoFilterColorlmages false /ColorlmageAutoFilterStrategy /JPEG /ColorACSlmageDict « /QFactor 0.15 /HSamples [1 1 1 1] NSamples [1 1 1 1] >> /ColorlmageDict « /QFactor 0.15 /HSamples [1 1 1 1] NSamples [1 1 1 1] >> /JPEG2000ColorACSlmageDict « /TileWidth 256 /TileHeight 256 /Quality 30 >> /JPEG2000ColorlmageDict « /TileWidth 256 /TileHeight 256 /Quality 30 >> /AntiAliasGraylmages false /CropGraylmages true /Grayl mageMinResolution 300 /GraylmageMinResolutionPolicy /OK /DownsampleGrayl mag es false /GraylmageDownsampleType /Bicubic /GraylmageResolution 300 /GraylmageDepth 8 /GraylmageMinDownsampleDepth 2 /GraylmageDownsampleThreshold 1.50000 /EncodeGraylmages true /Grayl mageFilter /FlateEncode /AutoFilterGraylmages false /GraylmageAutoFilterStrategy /JPEG /GrayACSlmageDict « /QFactor 0.15 /HSamples [1 1 1 1] NSamples [1 1 1 1] >> /GraylmageDict « /QFactor 0.15 /HSamples [1 1 1 1] NSamples [1 1 1 1] >> /JPEG2000GrayACSlmageDict « /TileWidth 256 /TileHeight 256 /Quality 30 >> FOIA - Confidential Treatment Requested 00049037 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 524 of 577 /JPEG2000GraylmageDict « !TileWidth 256 !TileHeight 256 /Quality 30 >> /AntiAliasMonolmages false /CropMonolmages true /MonolmageMinResolution 1200 /MonolmageMinResolutionPolicy /OK /DownsampleMonolmages false /Mono ImageDownsampleType /Bicubic /Mono ImageResolution 1200 /MonolmageDepth -1 /MonolmageDownsampleThreshold 1.50000 /EncodeMonolmages true /MonolmageFilter /CCITTFaxEncode /MonolmageDict << /K -1 >> /AllowPSXObjects false /CheckCompliance [ /None ] /PDFX1aCheck true /PDFX3Check false /PDFXCompliantPDFOnly true /PDFXNoTrimBoxError false /PDFXTrimBoxToMediaBoxOffset [ 0.00000 0.00000 0.00000 0.00000 ] /PDFXSetBleedBoxToMediaBox true /PDFXBleedBoxToTrimBoxOffset [ 0.00000 0.00000 0.00000 0.00000 ] /PDFXOutputlntentProfile (U.S. Web Coated \050SWOP\051 v2) /PDFXOutputConditionldentifier (CGATS TR 001) /PDFXOutputCondition () /PDFXRegistryName (http://www.color.org) /PDFXTrapped /False /CreateJDFFile false /Description << /ARA /BGR /CHS /CHT /CZE /DAN /DEU /ESP /ETI /FRA FOIA - Confidential Treatment Requested 00049041 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 528 of 577 /GRE /HEB /HRV /HUN /ITA (Utilizzare queste impostazioni per creare documenti Adobe PDF che devono essere conformi o verificati in base a PDF/X-1 a:2001, uno standard ISO per lo scambio di contenuto grafico. Per ulteriori informazioni sulla creazione di documenti PDF compatibili con PDF/X-1a, consultare la Guida dell'utente di Acrobat. I documenti PDF creati possono essere aperti con Acrobat e Adobe Reader 4.0 e versioni successive.) /JPN /KOR /LTH /LVI /NLD (Gebruik deze instellingen om Adobe PDF-documenten te maken die moeten worden gecontroleerd of moeten voldoen aan PDF/X-1a:2001, een 1SO-standaard voor het uitwisselen van grafische gegevens. Raadpleeg de gebruikershandleiding van Acrobat voor meer informatie over het maken van PDF-documenten die compatibel zijn met PDF/X-1a. De gemaakte PDF-documenten kunnen worden geopend met Acrobat en Adobe Reader 4.0 en hoger.) /NOR /POL /PTB /RUM /RUS /SKY /SLV /SUO /SVE !TUR /UKR /ENU (Use these settings to create Adobe PDF documents that are to be checked or must conform to PDF/X-1 a:2001, an ISO standard for graphic content exchange. For more information on creating PDF/X1a compliant PDF documents, please refer to the Acrobat User Guide. Created PDF documents can be opened with Acrobat and Adobe Reader 4.0 and later.) >> /Namespace [ (Adobe) (Common) (1.0) ] /OtherNamespaces [ << /AsReaderSpreads false /CroplmagesToFrames true /ErrorControl /WarnAndContinue /FlattenerlgnoreSpreadOverrides false /lncludeGuidesGrids false /lncludeNonPrinting false /lncludeSlug false /Namespace [ FOIA - Confidential Treatment Requested 00049048 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 535 of 577 (Adobe) (lnDesign) (4.0) ] /OmitPlacedBitmaps false /OmitPlacedEPS false /OmitPlacedPDF false /SimulateOverprint /Legacy >> << /AddBleedMarks false /AddColorBars false /AddCropMarks false /AddPagelnfo false /AddRegMarks false /ConvertColors /ConvertToCMYK /DestinationProfileName () /DestinationProfileSelector /DocumentCMYK /Downsample16Bitlmages true /FlattenerPreset << /PresetSelector /HighResolution >> /FormElements false /GenerateStructure false /lncludeBookmarks false /lncludeHyperlinks false /lncludelnteractive false /lncludelayers false /lncludeProfiles false /MultimediaHandling /UseObjectSettings /Namespace [ (Adobe) (CreativeSuite) (2.0) ] /PDFXOutputlntentProfileSelector /DocumentCMYK /PreserveEditing true /UntaggedCMYKHandling /LeaveUntagged /UntaggedRGBHandling /UseDocumentProfile /UseDocumentBleed false >> ] » setdistillerparams << /HWResolution [2400 2400) /PageSize [612.000 792.000] >> setpagedevice FOIA - Confidential Treatment Requested 00049049 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 536 of 577 Senator Ukraine Resolution November 18, 2013 Mr. President, I rise today to speak on the continued imprisonment of former Ukrainian Prime Minister, Ms. Yulia Tymoshenko. Sadly, for over two years now, Ms. Tymoshenko has been languishing in prison on politicized charges that she allegedly abused her position in connection with a Russian natural gas contract. Now, I am not going to judge the wisdom of that gas contract- one of an endless series of policy decisions any chief executive has to make in any nation. But this is an imprisonmentthat has been recognized by the international community, countless human rights organizations, and by the European Court on Human Rights, as selectively prosecuted and politically motivated. This is an imprisonment that has a whiff of neighboring Belarus, where those who run for President against strongman Alexander Lukashenko get thrown in jail - not of Ukraine, which is looking to solidify its hard fought place among the community of democracies. When I visited Ukraine last May, I had the opportunity to meet with President Yanukovich, the prime minister, and the foreign minister. I was most grateful for their time. During those discussions I was repeatedly assured that Ms. Tymoshenko's imprisonment would be solved. But it wasn't. So last year, for Mr. Tymoshenko's release. I introduced a Senate Resolution calling The resolution passed unanimously last September. And yet, here we are today, more than a year later and a few weeks before an important opportunity for Ukraine to strengthen its ties to the West by potentially signing an association agreement with the European Union, and Tymoshenko is still in jail. Mr. President, this is an embarrassment. This is a costly distraction from all the other very important issues Ukraine and its friends have to work on together. It plays into Russian President Putin's hands - who would like nothing more than to see the EU association agreement scuttled because of the failure to release Ms. Tymoshenko. Why would Ukraine's leaders want to succumb to Russian bullying and jeopardize stronger economic and political ties to the West over a simple grudge regarding the previous prime minister? Mr. President, I am dismayed by the seeming inability to find a reasonable compromise that would allow Ms. Tymoshenko to be released to seek medical treatment abroad, a move that would allow us to instead focus on strengthening the important ties between the US, EU, and Ukraine. I FOIA - Confidential Treatment Requested 00049050 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 537 of 577 Ukraine is our friend and ally. It helped us in Libya and Afghanistan. Its leadership rightly sees Ukraine's future with the West. But when you join the community of democracies you simply do not throw your former political opponents in jail over policy agreements. You instead offer better ideas and best them in elections. That is why this summer, regrettably, I introduced a follow-up resolution again calling for the release of Ms. Tymoshenko. I am happy to note that Senators joined me on that resolution. And let me add that's not a group of Senators that you see agree on too many issues in this Senate. But we agree on this. For months, we have been waiting, assured that a resolution to Ms. Tymoshenko's case would come to fruition. We saw Ukraine take promising steps toward political reform. We saw some of Ms. Tymoshenko's allies pardoned. And over the course of the last few weeks in particular, we were optimistic that negotiations led by and former were seemingly making headway toward a solution in which Ms. Tymoshenko would leave to Germany for medical treatment. We were hopeful that such a solution could come in time for Ukraine to sign an association agreement with the EU during the Eastern Partnership Summit in Vilnius at the end of this month, a step strongly supported in the United States. We held off on passage of this resolution with the hope that real progress would soon take place. But, last Wednesday, after two years of dithering on finding a solution, the Ukrainian Parliament postponed a vote on a bill that would have secured such a resolution - a move that only adds to the long list of missed opportunities. And that is why today, disappointingly, my colleagues and I have decided to move forward and pass this resolution. There is still time to find a solution before the Eastern partnership Summit takes place at the end of this month, so I am hopeful that our friends in Ukraine will be able to find an honorable way forward that puts the best interest of their country first and ends Ms. Tymoshenko's detention. In the meantime, Mr. President, I ask unanimous consent to pass S. Res. 165, as reported out of the Foreign Relations Committee. 2 FOIA - Confidential Treatment Requested 00049051 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 538 of 577 FOIA - Confidential TreatJ,ent Requested 00049052 Case Document 525-2 Filed 02/23/19 Page 539 of 577 EXHIBIT 2012 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 540 of 577 MEMORANDUM TO: Honorable FROM: SUBJECT: Projects and Plans DATE: Apri!S,2012 At our meeting today, you asked me to lay a plan of action - and a proposed schedule - for the projects that we discussed. Broadly speaking, the project wm consist of Skadden's lawyers providing legal services to the Government of Ukraine that include providing advice on the rule of law and providing consultation with respect to principles of due process as applied in the criminal justice system. I. The First Project The first project is to conduct an inquiry about the process and the procedures used to prosecute former Prime Minister Tymoshenko, and to write a report addressing various questions that arise with respect to her prosecution, trial and sentencing, It is important at the outset for the Government of Ukraine to know that Skadden is only willing to take on this assignment with the understanding that Skadden's lawyers will be given adequate access to sources of information and individuals with first-hand knowledge of the case as a basis for writing the report. It is also important that the Government of Ukraine understand that Skadden's work product, Skadden 1s report to the Ministry of Justice and Skadden 1s professional opinion will be rendered in good faith and with total independence. It is understood by all parties that this work will be conducted under the protection of attorneyclient and work product privilege, and that any decision about disclosure will be entirely up to the Government of Ukraine. In the course of this project, Skadden will conduct an evaluation of the investigation, the charging decision, prosecution, conviction and sentencing of former Prime Minister Yulia Tymoshenko and write a report to the Ministry of Justice evaluating that process through the prism of American standards of due process. We are not being asked to comment on the guilt or innocence of Ms. Tymoshenko. Generally speaking, we are being asked to provide a professional opinion - based on our own experience in the American criminal justice system - as to whether she got a fair trial. To that end, we will consider the following questions that arise with respect to the prosecution, trial and sentencing of Yulia Tymoshenko: Confidential Attorney-Client Privilege GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) Confidential Treatment Subject to Rule 6(e) 2012 SAU 281455 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 541 of 577 • Was the crime that she was charged with legitimate? Was their any problem with vagueness or adequate notice? We will look at the provision of the Ukrainian criminal code that she was alleged to have violated - and convicted of violating- and we wm try to determine whether there are comparable statutes in the United States or in Western Europe and whether there have been comparable prosecutions. • Was the investigation thorough and fair, and was the charging decision justified by the evidence? We wm look at the methodology and means used to investigate and charge her, and we will opine on two aspects of this question: (I) whether the investigation or the charging decision in any respect could be improved; and (2) whether her rights were or were not violated in the course of the investigation and the charging decision made as a result of the investigation. • Was the trial fair? Were the judges experienced, independent and fair-minded? What was the process by which the prosecutor presented incriminating evidence to the court? • Was she afforded due process of law? We will look at whether she was given a fair opportunity to defend herself and to make legal and factual arguments as to her innocence. Was she represented by experienced counsel? Was she given a fair trial and afforded due process of law? • Was the sentence excessive? We will look at the sentencing decision, whether it was within the realm of reason, or whether it was unduly harsh. Was she given adequate opportunity to argue for leniency and to present evidence supporting that argument? In our view, it wm be necessary for our lawyers to have access to individuals representing the following five categories of witnesses to carry out our assignment: • Investigator(s) • Prosecutor(s) • Judge(s) • Witness(es} • Legal Expert Schedule for the First Project We anticipate that it will require a total of two weeks of work on the ground in Ukraine to carry out this assignment. We hope to be able to meet with you and your assistants during the week of April 9, 2012 at which time you will identify those individuals who should be interviewed, and we will set up a schedule of appointments to carry out those interviews. If such appointments can be arranged to occur during that same week, it will speed the process. In any event, we would hope that the interviews could be concluded by the end of the month of April. We would Confidential Attorney-Client PrMlege Confidential Treatment Subject to Rule 6(e) SAU 281456 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 542 of 577 use the month of May to carry out any additional interviews and research that may be required, and it is our hope that we will be able to provide you with a draft report by the end of May 2012. 2. The second project You have expressed an interest in consulting with us and seeking advice relating to the prosecution of Ms. Tymoshenko scheduled to begin on April 15. To that end, you have agreed that it would be beneficial for a Skadden lawyer who is experienced in criminal prosecutions and who has participated in criminal prosecutions in the United States to meet with the trial team engaged in the prosecution ofTymoshenko. We would hope that a team of Skadden lawyers could travel to Ukraine during the week of April 9 or•-· at the latest ~ the week of April 16th to meet with members of the Tymoshenko trial team. Again, please understand that all communications between Skadden lawyers and lawyers for Ukraine will be confidential and covered by the attorney-client privilege, and al! work-product prepared by Skadden lawyers for use in this assignment will be protected by the work-product privilege. Cmifidential Attorney-Client Privilege Confidential Treatment Subject to Rule 6(e) SAU 281457 Case Document 525-2 Filed 02/23/19 Page 543 of 577 EXHIBIT 2013 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 544 of 577 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 2013 Case Document 525-2 Filed 02/23/19 Page 545 of 577 it ill do all can ilhiu ll'l} poner lo gel done hot need5 10 gel done lo keep things on truck. Thunlzs very? much. Senl iu BluekBero. From T?Mobile From: Dole: Fri. A 2m: 04 ?3'32 To: Subject: Re: 4H3 WeJnsl hrenkl'usl uh Mi-l lhouglil ll nenl ell but wit it ill lune Io cheek illi him. I need Io lull; lo you funding ll?llS ploieel We are named and needed right tinny. next week. but no cun'l deploy n?ilhoul pin went in lidiunce. hm um nrojeels in addition to Ihe reporl ire disengsed -- {l Ilclpillg [he trial learn in Ihe second proseeulion. and; {El lhe Minister uhoul curse in Ilie Europeun lluinun Righls Conn Are you around on h?Ioiidin'? Messoue From: Sent April HF. 2012 [Jr??119 AM To: Subject: Re: 'I?oinorronuFi-idn) 4n", er) much. Seill i. in BluekBern. T-Mobile h-leSsuue From; Dine Thu. 5:1 r3113 {16:5 r' ll} To: Subjeet: Re: 4m Perfect. We ill be in llie lobby til 73? out loinorron. There are 3 of us: Original Message From: Sent. Thursday April ll?. 2013 note AM To: Subject; Tomorrow--Fridu} 4ft". Hope }our lrip i5 going nell. Wuuled lo con?rm lhul ion and flour colleagues will be melted up In from of the Inlei'eonllnelilzil Hotel ill Tilluni Flidzn morning. should luke more lionrund you should be buck ul jiollr hole] belere ?lelln Please confirm that you hm gotten ll'llF. message. Thanks us ulnar} 5. All heel Senl no BluekBem I?roni 'l'?Mobile Confidential Treatment Subject to Rule Ste} 043531 Case Document 525-2 Filed 02/23/19 Page 546 of 577 To ensure compliance with Treasury Department regulations. we advise you that. unless otherwise expressly indicated. any federal [as advice contained in this message was not intended or written to be used. turd carutot be used. for the purpose of avoiding tax-related penalties under the Internal Revenue lCode or applicable state or local tax law provisions or (it) promoting. marketing or recommending to another party any tax-related matters addressed herein This email [and any attachments thereto) is intended only for use by the named herein and may contain legally privileged auditor con?dential infonrtation. lfyou are not the intended recipient ofthis email. you are hereby notified that any dissemination. distribution or copying of this email {and any attachments thereto) is strictly prohibited. If you receive this email in error please immediately notify me tit?ind pennanently delete tlte original email any copy of any email) and any printout thereof. Ftutlter information about ?rm. a list of Partners and their professional quali?cations will be provided upon request. To ensure compliance witlt Treasury Depanntent regulations. we advise you that. unless otherwise expressly indicated. any federal tax advice contained in this message was not intended or written to be used. and cannot be used. for the purpose of ti} avoiding tax-related penalties under the Internal Revenue Code or applicable state or local tax law provisions or promoting. marketing or recommending to another party arty tan-related matters addressed herein. This email [and any atlaclunents thereto) is intended only for use by the addressee-{s} named herein and may contain legally privileged auditor confidential infonnation. it" _y on are not the intended recipient of this entail. you are hereby noti?ed that any dissemination. distribution or copy ing - . ny attachments thereto) is strictly prohibited. If ou receive this ennui to error please immediately notify me a nd permanently delete the original email [and any copy ofany email) and any printout thereof. Funlter information about the firm. a list of the Partners and their professional quali?cations will he provided upon request. To ensure compliance with Treasury Department regulations. we advise you that. unless otlterw15c expressly Indicated. any federal advice contained in [Ms message was not intended or written to be used. and cannot be used. for the purpose of ti} avoiding tax-related penalties under the Internal Revenue Code or applicable state or local tax law provisions or {ii} promoting. marketing or recommending to another way any tat-related hunters addressed herein. Con?dential Treatment Subject to Rule Ste) SAU 043532 Case Document 525-2 Filed 02/23/19 Page 547 of 577 This email (and any attachments thereto) is intended only for use by the addresseets} named herein and may contain legally privileged artdr?oreonfidential int?onnatiort. lt'you are not the intended recipient ofthis email. you are hereby noti?ed that arty dissemination distribution or copying of 11y attachments thereto) is strictly prohibited. If ou receive this entail in error please immediately notify me atMnd permanently delete tlte original entail {and arty copy of arty enraill and any printout thereof. Further information about the lion 3 list of the Pan nets and their professional quali?cations will be provided upott request. To ensure compliance with Treasury Department regulations. we advise you that. unless otherwise expressly indicated. any federal tax advice contained in this message was not intended or rittert to be used. and cannot be used. for the purpose of ayoidirtg tax-related pertalties under the lntemal Revenue lCode or applicable state or local tax law provisions or i ii} promoting. marketing or recorrunending to another party any tax-related matters addressed herein. This entail [and any attachments thereto) is intended only for use by the addresseets} named herein and may contain legally privileged confidential irtfonnatiort. If you are not the intended recipient of this email. you are hereby noti?ed that any dissemination distribution or copying of this email and any attachments thereto}- is strictly prohibited. lfyou receive this email in error please notify me a?rtd permanently delete the original entail {and any copy of arty email} and arty printout thereof. Further infonnation about the lian a list of the Partners and their professional quali?cations will be proyided upon request. Con?dential Treatment Subject to Rule Ste) SAU 043533 Case Document 525-2 Filed 02/23/19 Page 548 of 577 EXHIBIT 2069 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 549 of 577 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 2069 Case Document 525-2 Filed 02/23/19 Page 550 of 577 On Aug. 28. Yulia Tymoshenko will clash with her own government in the European Court For Human Rights. She will ciaim that her rights were violated. including the right to a Fair trial. in a case that sertt her to prison for seven years For abuse of office. The government is preparing its defense with the help of American law company Skadden. But this cooperation is highly suspicious with very few details about the contract being revealed. and those that are made public raising even more questions. The government claims that Skadden. a top American Firm with art annual turnover ot'EBl. works for a mere $11000 l?or Ukraine?s government. None ot?tlre company?s expenses is paid. including expensive ?ights and stay in Fairmont Hotel. where prices start at 3-00 euros per night. Skadden representatives have visited Ukraine at least three or four times. in at least one ot?the cases the team was made Ll of two artners From the Washin 1tort of?ce. plus two associates. One of the partners.- normally charges $1.065 per hour. according to the Wall Street Journal. The group stayed in Ukraine For several days and visited the imprisoned "l'ymoshenko in Kharkiv during a trip in June. That trip alone would have cost many times more than the ridiculous $l2.000 the government claims it is paying. These facts fuel speculation that Skadden is being paid by someone on the side. No one knot-vs who is paying Skadden. and it?s a question the Company is ignoring. So the public may never know oticontiicts ot?interest. or worse things. that may lurk behind this arrangement. We hope that Skadderr will address these serious concerns. We ltope that US anti~corruption bodies are also looking into this issue. since there is little hope that the case t-vill be investigated in Ukraine. Another question is what kind of report Skadden will produce. and how it will be used. Members ofthe opposition suspect that parts ot?the report will be used to whitewash the actions of the prosecutors. thejudges and everyone else who was instrumental in Tymoshenko's conviction. If that is the case. Skadden?s reputation will be tarnished. It?s not too late for the company [and Ukraine?s government) to set the record straight. and disclose to the public the details ofthis suspicious contract and who is footing the bill. Confidential Treatment Subject to Rule 6(8) SAU 138006 Case Document 525-2 Filed 02/23/19 Page 551 of 577 EXHIBIT 2078 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 552 of 577 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 2078 Case Document 525-2 Filed 02/23/19 Page 553 of 577 Cc: Subject: Project 2 just got off the phone with He told me that you?were planning to go over to Ukraine next week (week of September 3) for Project '2 activity. 1 am concerned that Skad en's activity in Project 2 mi report comes out. and that would do enormous damage to the credibility of Project 1. Would you Woe willing to talk to me some time during the dayr tomorrow about this concern? Thanks. - Confidential Treatment Subject to Rule Ste} SAL.) 143856 Case Document 525-2 Filed 02/23/19 Page 554 of 577 EXHIBIT 2079 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 555 of 577 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 2079 Case Document 525-2 Filed 02/23/19 Page 556 of 577 From:? Sent: Wednesda Au ust 29 2012 6:17 PM To: Cc: Subject: RE: Project 2 We have a memo that is probably getting translated right now that was to go to them and of the week. Should we put the brakes on that?? From:? Sent: We nesda Au uSt 29 2012 6:00 PM To: Cc: Subject: Project 2 Please do not talk to the Ukrainians or make any plans with the Ukrainians to return for purposes of advancing Project 2 unless and until you have talked with me ?rst. Thanks Confidential Treatment Subject to Rule Ste) SAU 176353 Case Document 525-2 Filed 02/23/19 Page 557 of 577 EXHIBIT 2106 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 558 of 577 GOVERNMENT EXHIBIT U.S. v. MANAFORT, 1:17-cr-201 (A.B.J.) 2106 Case Document 525-2 Filed 02/23/19 Page 559 of 577 November 26, 20 2 Memorandum to the File This memorandum has two purposes: First. to discuss the and weaknesses of Tymoshenlto's case in the European Court of Human Rights; and Second. to distill my experience in the criminal justice system of Ukraine. This memorandum is not to be treated as a document approved or issued by the law ?rm. This is my work-product and mine alone. in addition, 1 am writing this memorandum based on assurances ot'contidentiality with the expectation that it will not be widely circulated and that it will be treated with utmost con?dentiality, The European Court of Human Rights I am not an expert on either the procedures or the precedents ot?the ECHR. Based on my understanding of? the Tymoshenko case. however. my opinions as to the and weaknesses ofthe appeal are as follows Appeal 0 The court's decision to receive testimony from signi?cant witnesses and to admit evidence From the prosecution when the defendant was without counsel in the absence ot?any lawyer sitting at counsel?s table to advise and assist the defendant is a serious flaw in the case. both procedurally and substantively. In the United States. a reviewing court would grant a new trial. 0 Taking the defendant into custody during the trial because other obstructive behavior would not. by itself. be a violation ot?the delendants basic rights in light of her conduct. Holding her for the duration ot?the trial and even after the trial without providing a more detailed explanation ofthe reasons for her incarceration and without telling her what she has to do to get out -- would be criticized in American courts. The absence of any review could also be seen as 3 Failure. The relief. however. would likely not be a new trial since there is no suggestion that she was prejudiced. It is possible that a court in the United States would reduce her sentence. I The court's decisions to exclude the testimony of relevant defense witnesses. to deny her the chance to present pro?defense experts on damage calculations. and to prevent her ?'om pursuing themes she thought to be relevant to the case. leg. the role of RoslerEnergo) would prompt a reviewing court in the US to grant her a new trial. I Despite the fact that she did not present evidence in the trial to estabiish that her case was a selective prosecution. a reviewing court might ?nd that her course ol? conduct as Prime Minister even it? you take the prosecutor?s case at face value -- did not represent an Confidential Treatment Subject to Rule Ste) SAU mars? Case Document 525-2 Filed 02/23/19 Page 560 of 577 abuse of powers as prime minister. Two reasons for this: i 1) Many prime ministers have in the past directly negotiated the natural gas deals with the Russians. Her decision to order the Na?ogaa CEO to sign would he seen by many as a technicality. The true limits on the scope of her authority whether she could or could not close the deal without governmental action were uncertain and there was some confusion even among legal experts about this point. Some Western courts might find that such confusion or uncertainty or ambiguity as to the precise limits ofher authority would preclude a criminal prosecutionlconviction ofthis nature. 0 The evidence ofcriminal intent that she actually intended to commit a crime is virtually non?existent. II Her own conduct. She was badly advised to behave the way she did in court disrespectful and obstructionist. Had she conducted herself with dignity and been respect?Jl. her position on appeal procedurally and substantively would be stronger and much more sympathetic. 0 Her attitude toward the She was badly advised to insult and attack the honor and honesty of everyone who she deemed to be against her the judge. the prosecutors. the jailers and each and every witness against her. 0 Her failure adequately to explain why she did what she did is signi?cant. Evidence of her disregard of normal procedures ofthe lack of coordination and cooperation with other leaders of government. of cloaking her own actions in secrecy this evidence is compelling. Evidence ofdeceit particularly with respect is powerful. System of Criminal Justice in Ukraine Over a five month period~ our team of lawyers had virtually unlimited access to a group of prosecutors investigators, staffand supervisory officials in the Ukrainian system ofcriminai justice. Ukraine inherited this system from the Soviet Union and front the Communist Party. Because Ukraine has been using this system for over sixty years. it is entrenched. But today, it is a system that is also beleaguered, criticized and discredited. There are good reasons for this and need no further explanation. The important thing is this: 1 came away from my experience hopeful that the owners ofthe system know that the system is in trouble. are working to change it and are serious about reform. Attitudes among Ukrainian prosecutors For whatever the reason, we encountered a real responsiveness among the prosecutors. There was a genuine eagerness to help us perform our assignment. More importantly, we also discovered an openness to change that was unexpected. With few exceptions, the officials in the Office ofthe Procurator General appeared to be open to the idea of improvement. They welcomed ideas about how they might do things differently. and they wanted to know how we Confidential Treatment Subject to Rule 6(a) SAU 019198 Case Document 525-2 Filed 02/23/19 Page 561 of 577 did it in the United States. I would reinforce this desire to do real justice by introducing Ukraine prosecutors to the lecture delivered by the American jurist. Robert H. Jackson, who. when he was Attorney General in HMO, trave an historic speech to federal prosecutors from all over the United States. ("Your positions are ofsueh independence and importance that while you are being diligent. strict and vigorous in law enforcement. you can also afford to be just. Although the government technically may lose its case. it has really won ifjustice has been done") This speech is required reading for American prosecutors. Too frequently, when asked to explain a decision or a ruling. Ukraine prosecutors proffered and were satisfied with -- an explanation that involved technical compliance with a rule or a regulation. citing to a specific statute tojustify a course ofaction. They did this to defend questionable decisions ofthe court as well as to explain prosecutorial decisions oftheir own. This is human nature. it will take some change for the prosecutorial culture of Ukraine to understand that a prosecutor should not manipulate the system to the detriment ofthe defendant simply because hefshe can. It will take time and tnore experience in a truly adversarial system before Ukrainian prosecutors will learn that it is not enough just to win the case. They need to be able to look at the larger picture and to care about the appearance ofjustice as well as the reality ofjustice. The prosecutors of Ukraine are not the only prosecutors in the world who suffer from that failure. Those prosecutors who care more about due process than they do about winning are few and far between in Western courts as well as in Ukraine. But being able to see the larger picture is important. Being able to see the process for what it is and for how it will be seen from the outside is absolutely critical. Having that perspective is vital any effort to reform the criminal justice system in Ukraine. Most ofthe officials with whom we worked wanted to understand and live up to Western standards ofjustice. They are. for example. learning to understand the importance ofgouu? process as an important objective in itself That is a good and promising and important development. because "tone at the top' is absolutely essential for change to occur. With greatest humility. I would make the following suggestions: Better training for the prosecutors Ukraine should consider opening an Academy of Advocacy that would perhaps in a three month course ofinstruction -- train lawyers to prepare and try cases in court Any curriculum at such an academy would include lessons in basic procedure; how to manage discovery; how to handle exhibits and preserve evidence; how to identify the critical legal issues and prepare bench memos; how to prepare witnesses; how to make an opening statement and a closing argument; how to think about the credibility ofthe evidence. to identify an exhibit?s weak points and to evaluate the legal issues associated with the exhibit. Someone somewhere in Ukraine should end or at least truncate the practice oflawyers standing up and reading in court - whether it is prior testimony or transcripts ofinterviews or hundred- '1 Confidential Treatment Subject to Rule 6(a) SAU 019?99 Case Document 525-2 Filed 02/23/19 Page 562 of 577 page indictments. The focus should instead be on presenting the direct testimony of live witnesses and allowing for them to be vigorously cross examined. There should be a much greater appreciation about the rules ofevidence generally but also the due process interest in having evidence that is in fact reliable and under all standards ofjustice -- admissible. There should be a much greater understanding about the uses and abuses of expert testimony. Just because someone has written a report or has a credential should not allow that person to opine on the ultimate issue. The Academy should organize mock trials with prosecutors and defense lawyers trying a fake case in front of a real judge. This kind of exercise takes place in law schools throughout the United States, and it should happen itt Ukraine. . Better the judges Based on my experience with one judge. I would conclude that Ukraine judges are underpaid, undertrained, undervalued and over-worked. They deserve tnore money. more support. more training, more respect and more time. They also need more control over their courthouses in terms ofarranging for adequate space for counsel. for the public and for the defendants and more control over their courtrooms in terms of sanctioning members ofthe public who disrupt proceedings. Creating a school forjudges where newjudges receive basic training would be a necessary first step but not sufficient. Everyone understands the importance ofltaving an independent judiciary. Few are willing to do what is necessary to achieve that objective. Judges should not be immune from removal for incompetence or venality. They should be absolutely immune from being sanctioned because a result is unpopular. Giving prosecutors more control over the investigation The investigative arm ofthe Ukraine system ofcriminal justice seems to be an independent governmental agency ofits own with its own practices and its own procedures that are totally independent ofthe prosecutoria] Function. In the West= investigators do have a great deal of freedom and independence as well, but they are always subject to supervision by the prosecutors. This provides for basic accountability. This means that the prosecutors will preside over providing discovery to the defendant and his counsel; the prosecutors will prepare the file. that goes to the court; the prosecutors make the decision as to who will be and who will not be a witness in the trial. Strengthening the secretariat The criminal justice system of Ukraine needs new and improved infrastructure to give greater legitimacy and accountability not only to the courts but also to the investigators and the prosecutors. it should be possible routinely to get verbatim transcripts of courtroom proceedings. Getting such transcripts should not be a matter ofprosecutorial discretion. They should be available not only to the defendant but to the public as well. The same thing can be said for trial exhibits. That it is difficult to verify the way itt which a judge is selected and to Confidential Treatment Subject to Rule 6(a) SAU 019800 Case Document 525-2 Filed 02/23/19 Page 563 of 577 address allegations ot?bias and political in?uence isjust plain dumb. It raises questions unnecessarily about the fairness ot?tlte proceedings. Matty ot'the inadequacies ofl'he criminal justice system in Ukraine are more the product ol?bad systems and antiquated practices than they are ot?intentional and gross violations of human rights. Using i uries Although the Constitution of Ukraine makes speci?c reference to the tight to ajury trial. there is no jury?trial tradition in Ukraine. Sudden use ot?juries would be new and even alien to Ukraine citizens. But the availability ofjuries in some criminal cases would add enormous legitimacy to the criminal justice system and protects the-judiciary From political reverberations. It would be a terrible mistake to introduce the practice ol?jury trials across the nation as ii?a bolt ot?lightning had struck. It would be smart to begin the experiment on a very limited basis with a limited number ot?cascs drawing on a very limited jury pool. It would be smart to teach judges and lawyers how to conduct themselves in Front ot?ajury. how to address and instruct ajury ?just to see what would happen. For Ukraine to give serious consideration to the idea. for Ukraine to engage in serious experimentation with the idea would do wonders for Ukraine's reputation. Confidential Treatment Subject to Rule Ste} SAU 019301 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 564 of 577 Section 5 Inspection file, Registration # 3594 Paul J. Manafort May 27, 1987 "'·. Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 565 of 577 : ·1 --� Paul J. Man_afort Registration #3594 Section 5 rnspection July , 1986 I 0. 7.4249.1510871 Page 1 of 9 DOJSCO-402206083 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 566 of 577 Memorandum - Date Subject Paul J. Manafort Registration No. 3594 Section 5 Inspection To 149-46-62 Typed: 5/27/87 From Registration Unit Internal Security Section Criminal Division Attention: BACKGROUND The Initial registration statement was filed on June 4, 1984, reporting representation of the government of Saudi Arabia. Paul J. Manafort is a principal in the firm of Black, Manafort, & Stone, Inc. (BMS), which specializes in government relations, political consulting and advertising. Manafort registered in his own name to avoid having the firm register for Saudi Arabia. Employees of BMS who assisted Manafort in his work for the Saudis filed short-form registration statements under registration #3594. Manafort terminated his short form on June 4, 1985, and refiled on March 11, 1986. A final supplemental statement was filed on January 6, 1987, reporting the termination of the representation of the Saudis on June 30, 1986. INSPECTION The inspection consisted of a review of the correspondence, memoranda and other documents, and the financial records maintained in connection with the representation of Saudi Arabia. The inspection covered the entire period of the representation, and disclosed what appear to be significant deficiencies in the registration, insofar as activities that have not been reported on the supplemental statement forms. For the most part, proposals and suggested activities have not been included in this report, but only activities which correspondence, memoranda or other notes state have occurred. The registrant will be required to detail these activities on amendment to registration statement forms or, in the appropriate cases, advise this office in writing that -such activities did not occur. The notes attached to this report constitute a complete description of the registrant's records. Numerous references to proposals and suggested Page 2 of 9 0.7.4249.1510871 DOJSCO-402206084 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 567 of 577 2 activities have not been included in the final report or the letter to the registrant, because of assurances by registrant's representatives , of BMS,.and registrant's attorney, that the proposals were never acted upon. The significant activities which were not reported on the supplemental statements follow: 1. June 29, 1984 memo Manafort and , of the Saudi/US Business Roundtable - Roundtable member companies should lobby their Senators and "coordinate their efforts through the ad hoc 'Jerusalem .Contact Group' which we can put them in contact with." 2. July 13, 1984 memo to the "Jerusalem Contact Group" Regarding the status of Jerusalem legislation, states that one member of Congress can object to a suspension of the rules, and has a handwritten note that BMS should find that member. 3. August 4, 1984 memo Manafort and and personally lobbied the offices of 4. - Manafort September 25, 1984 memo to Manafort - Contacts with concerning amendments to the Jerusalem Bill. Efforts with a group to write a minority report on the Jerusalem Bill, and references to "the loop on the Hill" and "the political White House stuff." 5. March 6, 1985 letter to Manafort and Handwritten notes refer to efforts to include "politically oriented" language in the report being prepared on the Saudi arms • asked "Did we try to get package. A handwritten note to " this into report?" Reply - "Yes through the usual channel. - Extensive 6. April 11, 1985 memo Manafort and activities during first quarter of 1985, saw registrant serve as a communications link between elements of the Administration and a communications filter between the Administration and Capitol Hill, contacts with agencies, Administration officials, and members and staff of Congress. - enclosing two . 7. March 29, 1985 letter articles to be passed on to - "... we are trying 8. April 23, 1985 memo Manafort to to persuade the White House to emphasize to the NSC the need to force the study to a conclusion. ... we have presented the anxieties which we have picked up in our conversations on Capitol Hill." - Extensive 9. June 14, 1985 memo Manafort and second quarter activities described, including contacts with the Administration and Congress, as well as activities on behalf of Jordan and their lobbying counsel. Page 3 of 9 0.7.4249.1510871 DOJSCO-402206085 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 568 of 577 3 - Third 10. September 3, 1985 memo Manafort and quarter activity report stated registrant served as communication link between the Administration and Congress,-balanced AIPAC's efforts with key Senators, delayed efforts to revive Resolution 177 and clarified Saudi role in financing Jordanian arms package. 11. Undated document to Paul - "Latest State Department poop on Jerusalem"-Refers to White House, Hill and Derwinski, followed by notation "BACK CHANNEL". 12. Undated document - "Fred attended meeting held by NAAA on Saudi Arms Sales. As a result the following is suggested as content for a telex to go out to Roundtable Members" (3 paragraphs follow, not copied.) 13. December 30, 1985 memo Manafort to - Activities for the fourth quarter included communications with Congress and the Administration. 14. January 8, 1986 document - The writer (unidentified) had and discussed Saudi Arabia the lunch with Philippines and the -Foreign Assistance Bill. 15. April 25 and April 30, 1986 memos Manafort to Initiated grass roots campaign among home state supporters of certain Senators in connection with the Saudi arms proposal, and follow up on calls that haven't been made. and 16. April 25 and April 30, 1986 memos Manafort to Hotel Intercontinental the memo Manafort to April 25, 1986 Refer to "talking points" which the registrant "provided". The Intercontinental memo had an attachment "Talking Papers for Telephone calls on Pending Saudi Munitions Sale." - "I have had several 17. April 30, 1986 memo Manafort to arms sale. Their column on the conversations with we are circulating it , — and appears in todays in appropriate places." Steno notebook, page 9 - A copy of the "Q&A" was left in office, and additional information on oil output was requested. 18. The attached audit report is a part of this inspection report. A letter to the registrant, concerning amendments and other responses, ,is also attached. Page 4 of 9 0.7.4249.1510871 DOJSCO-402206086 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 569 of 577 4 INTRODUCTION' This portion of the inspection report will serve as an audit report of the subject registrant's compliance with the financial reporting requirements of the Foreign Agents Registration Act. SCOPE OF AUDIT I have examined the books and records of the registrant as they relate to the Act for the period of May 24, 1984 through June 4, 1986. The examination was conducted in accordance with certain generally accepted auditing standards and, accordingly, included such test of the accounting records and other auditing procedures as were considered necessary in the circumstances. OPINION In the writer's opinion, for reasons discussed in the recommendation section of this report, the registrant's financial disclosures as presented in their initial and supplemental statements do not accurately reflect the financial activities of the registrant for purposes of the Foreign Agents Registration Act. Background Appearing below is an analysis of the financial terms and conditions of the contract between Paul J. Manafort (Registration No. 3594) and the Government of Saudi Arabia, and the compensation Manafort received as per the audit. The purpose of this analysis is to determine if the compensation received by the registrant remained consistent with the financial clauses contained in the contracts filed with this office. This analysis allows the audit to determine if funds were received by the registrant in addition to funds clearly set forth and receivable per contract filed with this office, and thereby indicate the existence of an agreement, and activities, between the registrant and the foreign principal not disclosed to this office. This analysis also allows the audit to determine if the registrant was party to any agreement in which compensation was contingent, in whole or in part, upon the successful completion of any political activities. Page 5 of 9 0.7.4249.1510871 DOJSC0402206087 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 570 of 577 5 A second contract between the registrant and Saudi Arabia was ent Conclusion The books and records of the registrant as presented to the auditor did not contain any evidence of monies received in addition to monies receivable per contract, or monies received in violation of the contingency provision provided in Section 8(h), of the Act. In addition, as indicated the provisions of the three contracts included expense reimbursement by Saudi Arabia to the registrant. Total expenses reimbursed to the registrant by the foreign principal If the during the terms of the three contracts amounted to reader wishes to see a detailing of the registrant's expenses refer to the receipts and disbursements portions of this report. Page 6 of 9 0.7.4249.1510871 DOJSCO-402206088 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 571 of 577 6 Notes to Financial Records Appearing in this section of the inspection report is a comparison between the receipts and disbursements reported by the registrant with the amounts actually received and incurred. The differences between the two are addressed in the recommendation section of the report, which follows. Page 7 of 9 0.7.4249.1510871 DOJSCO-402206089 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 572 of 577 $200,000.00, which was not received and Page 8 of 9 0.7.4249.1510871 DOJSCO-402206090 Case 1:17-cr-00201-ABJ Document 525-2 Filed 02/23/19 Page 573 of 577 8 Total disbursement reported by the registrant during the period of Amendments will not be requested from the registrant for the discrepancies in reported to actual disbursements. However, the registrant should be advised to give closer attention to proper period reporting in order to avoid future discrepancies. Page 9 of 9 0.7.4249.1510871 DOJSCO-402206091 Case Document 525-2 Filed 02/23/19 Page 574 of 577 FBI 302 Case Document 525-2 Filed 02/23/19 Page 575 of 577 REDACTED Case Document 525-2 Filed 02/23/19 Page 576 of 577 FBI 302 Case Document 525-2 Filed 02/23/19 Page 577 of 577 REDACTED