WHY FRANK GOT PINCHED (NOW)
Some believe that Wednesday's Raia-Braxton indictment was timed by Trump's Justice Department to suppress Democratic turnout before the mid-term election. I can see it, sorta. But there's another reason: it had to be now or never.
As a matter of law, the DOJ was running up against the 5-year statute of limitations on prosecuting Frank Raia and Dio Braxton for violation of 18 U.S. Code § 371-Conspiracy to commit offense or to defraud United States.
- The DOJ's Criminal Resource Manual Section 652 tells us that conspiracy is a continuing offense, and that the statute of limitations clock starts running "on the date of the last overt act."
- Section 650 tells us further: "a prosecution for a non-capital offense shall be instituted within five years after the offense was committed"
- The last "overt act" charged in the indictment was "on or about November 2013"
Therefore, Raia was indicted on October 31, 2018-- literally on the cusp of the statutory expiration of the alleged conspiracy ("within five years.")
UNITED STATES OF AMERICA vFRANCIS RAIA and DIO BRAXTON
RETURN OF "ENTITY 1"
Ruh-roh. This is why a lot of folks may be feeling nervous.(1) The Camis complaint was filed in late September. It introduced "Entity 1" :
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| Camis complaint |
(2) The grand jury indicted Camis in mid-October. "Entity 1" was omitted from her indictment. However, the indictment introduced "Candidate 1" (Frank Raia), and "Candidate 1" was named in the "overt acts" (which describe the conspiracy).
(3)"Candidate 1" (Frank Raia) was indicted on Wednesday. "Entity 1" is back in the indictment and included in the "overt acts" (which describe the conspiracy.)
Hmmmm. Do you think the DOJ is done with Hoboken?
It appears to me that "Entity 1" may be indicted next.
Which means a dark day for any candidates or campaigns engaged in less-than-kosher activities with "Entity 1." What we know so far:
Who knows!
BIG PICTURE
GA sees no reason why Trump's politicized DOJ will stop until they nail a couple of former or current elected Democrats.
Whether Hugin or Menendez wins, doesn't matter. He'll find a reason to sic the DOJ on New Jersey Democrats. And if Dems take the House and start nailing his sorry ass to the wall- watch out. In fact, that sniveling lapdog Lindsey Graham seems like he is pining to replace AG Jeff Sessions. If he does.. oh, boy. Trump will be salivating to give NJ Dems a black eye.
So really, why would the DOJ stop with Raia?
Hmmmm. Do you think the DOJ is done with Hoboken?
It appears to me that "Entity 1" may be indicted next.
Which means a dark day for any candidates or campaigns engaged in less-than-kosher activities with "Entity 1." What we know so far:
- "Entity 1" was "purported to provide payroll services to campaigns [plural] in Hoboken."
- Conspiracy is a continuing offense.
- The 5 year statute of limitations to prosecute "Entity 1" for conspiracy starts on the date of his/her last overt act. Was that 2013, 2014, 2015, 2016, or 2017?
Who knows!
BIG PICTURE
GA sees no reason why Trump's politicized DOJ will stop until they nail a couple of former or current elected Democrats.
Whether Hugin or Menendez wins, doesn't matter. He'll find a reason to sic the DOJ on New Jersey Democrats. And if Dems take the House and start nailing his sorry ass to the wall- watch out. In fact, that sniveling lapdog Lindsey Graham seems like he is pining to replace AG Jeff Sessions. If he does.. oh, boy. Trump will be salivating to give NJ Dems a black eye.
So really, why would the DOJ stop with Raia?
I think those who think this prosecution would not have been brought under former US attorney Paul Fishman may have a good point not because the USAO is now partisan but because Paul Fishman is thankfully gone.
ReplyDeleteMr. Fishman, a former Hoboken resident with ties to some of the characters here, had a track record of not pursuing Hoboken cases with political implications.
I did not know that. So Fishman sat on it, huh. A wise friend was incredulous at the notion they came "all the way here just for Raia."
DeleteI don't know that Fishman sat on this particular case but he certainly didn't aquit himself well on other Hoboken cases over the years. The handling of the Ricciardi case was a disgrace for example.
ReplyDeleteHe's close friends with Eugene Flynn and his wife, and some believe he relied on Eugene to tell him who the good guys and bad guys were and acted accordingly.
If Fishman was relying on Flinn's advice, it's no wonder he missed his obvious targets.
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ReplyDeleteOne word: Christie
ELEC’s been hobbled by the death of two commissioners who were not replaced. Then Christie sent another commissioner, Walter Timpone, to the state Supreme Court. ELEC’s vacancies have led to the dismissal of one of its highest profile cases ever: The alleged misuse of campaign funds by Essex County Executive Joseph DiVincenzo. Now that it’s reforming, we’ll see if ELEC is able to bring that case back up. More on that here and here.
https://www.politico.com/tipsheets/new-jersey-playbook/2017/03/headlines-elec-making-a-comeback-fishman-calls-dismissal-abrupt-and-shocking-trumps-nj-cemetery-mystery-219171
Good work on that Frank Raia SoL issue .... This indictment was returned within hours / days of expiration of the statute ... even though Government knew about the underlying act/ conspiracy for many years . I heard the FBI has been working this for years , especially in Fox Hill and other Senior buildings trying to get more , and didn't develop anything, which is odd , so they went back to 2013 .
ReplyDeleteMaybe "Entity 1" can help with more current activities. Have no idea if this would be related but many Fox Hills residents were paid as "campaign workers" for Mike Russo's uncontested 3rd ward election in 2015. Fox Hills is in the 5th Ward. In fact, Russo had 245 "paid workers" mostly 4th and 5th ward residents. The statute of limitations on any 2015 activity expires in 2020-- still got time!
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