NY prosecutors appeal Manafort's double jeopardy dismissal

 New York prosecutors seeking to revive state mortg fraud charges against Paul Manafort say ir case is distinct from one that sent President Donald Trump’s former campaign chairman to federal prison and should t have been thrown out on double jeopardy grounds.

In appeal paperwork me public Thursday, Manhattan prosecutors argued Judge Maxwell Wiley took an “exceedingly bro view” in reaching

Manhattan prosecutors contend ir case was exempt from state double jeopardy protections because charges involved different aspects of some of offenses covered in federal case, which ended with Manafort convicted on eight counts of tax and bank fraud and a hung jury on 10 or counts.

Manafort, 71, was

A mess seeking comment on appeal was left with Manafort’s lawyer.

Prosecutors submitted paperwork outlining ir appeal in April to state court's Appellate Division, but it was t posted to docket until Thursday because of coronavirus-related closures.

In dismissing mortg fraud case in its early sts, Judge Wiley dealt a blow to what h widely been seen as an attempt by Manhattan District Attorney Cyrus Vance Jr., a Democrat, to hedge against possibility Trump would pardon Manafort for federal crimes.

“Basically, law of double jeopardy in New York state provides a very narrow window for prosecution,” Wiley said, explaining his ruling at time.

Manafort was convicted in federal court on charges alleging he misled U.S. government about lucrative foreign lobbying work, hid millions of dollars from tax authorities and encourd witnesses to lie on his behalf.

Vance anunced state charges just minutes after Manafort's sentencing in March 2019, saying in a statement at time: “ one is beyond law in New York.”

New York indictment alleged Manafort gave false and misleing information in applying for residential mortg loans, starting in 2015 and continuing until three days before Trump’s inauguration in 2017. Manafort was also charged with falsifying business records and conspiracy.

Manafort's lawyer, Todd Blanche, raised double jeopardy issue almost immediately after state charges were filed, arguing that factual overlap between federal and state cases “is extensive — if t total.”

Manhattan prosecutors have argued ir case was based in part on allegations that were never resolved in federal trial and that charges y brought — mortg fraud and falsifying business records — were state crimes but t federal crimes.

In ir appeal, Manhattan prosecutors ackwledged ir case involved some of same issues as in federal case. y argued its wasn't double jeopardy because state law allows second prosecutions that contain "different elements and were designed to prevent very different kinds of harm than offenses in first prosecution.”