"The defendant’s crime was serious. He withheld information material to the investigations of Russian interference in the 2016 U.S. presidential election being conducted by the Senate Select Committee on Intelligence (“SSCI”), the House Permanent Select Committee on Intelligence (“HPSCI”), and the SCO. The defendant lied to Congress about a business project (the “Moscow Project”) that he worked on during the 2016 presidential campaign, while he served as Executive Vice President at a Manhattan-based real estate company (the “Company”) and as Special Counsel to the owner of the Company (“Individual 1”). The defendant admitted he told these lies—which he made publicly and in submissions to Congress—in order to (1) minimize links between the Moscow Project and Individual 1 and (2) give the false impression that the Moscow Project had ended before the Iowa caucus and the first presidential primaries, in hopes of limiting the ongoing
Russia investigations being conducted by Congress and the SCO."
Offense Conduct
The defendant’s offense conduct is set forth in the Information and the Presentence Investigation Report (PSR). We underscore particular facts for purposes of sentencing. The defendant’s lies to Congress were deliberate and premeditated. His false statements did not spring spontaneously from a line of examination or heated colloquy during a congressional hearing. They started in a written submission that he chose to provide to both houses of Congress ahead of his appearances. These circumstances show a deliberate effort to use his lies as a way to set the tone and shape the course of the hearings in an effort to stymie the inquiries. The defendant amplified his false statements by releasing and repeating his lies to the public, including to other potential witnesses. The defendant was scheduled to appear before both intelligence committees in closed sessions. Prior to testifying, the defendant made a public appearance at the U.S. Capitol and released his prepared opening statement, which falsely claimed that the Moscow Project “was terminated in January of 2016[,] which occurred before the Iowa caucus and months before the very first primary.” By publicly presenting this false narrative, the defendant deliberately shifted the timeline of what had occurred in the hopes of limiting the investigations into possible Russian interference in the 2016 U.S. presidential election—an issue of heightened national interest.
The defendant’s false statements obscured the fact that the Moscow Project was a lucrative business opportunity that sought, and likely required, the assistance of the Russian government. If the project was completed, the Company could have received hundreds of millions of dollars from Russian sources in licensing fees and other revenues. The fact that Cohen continued to work on the project and discuss it with Individual 1 well into the campaign was material to the ongoing congressional and SCO investigations, particularly because it occurred at a time of sustained efforts by the Russian government to interfere with the U.S. presidential election. Similarly, it was material that Cohen, during the campaign, had a substantive telephone call about the project with an assistant to the press secretary for the President of Russia.
The defendant’s false statements to Congress began in approximately late August 2017, when he submitted his written statement about the Moscow Project to SSCI and HPSCI. His false statements continued through his oral testimony before the committees in October 2017. And when Cohen first met with the SCO in August 2018, he repeated many of his prior false statements about the circumstances of the Moscow Project.1 Only when the defendant met with the SCO a second time on September 12, 2018—after he had pled guilty in United States v. Cohen, 18-cr-602 (WHP)—did the defendant admit that his prior statements about the Moscow Project had been deliberately false and misleading.
https://www.courtlistener.com/recap/...05539.15.0.pdf