Kevin M. Downing

Last updated

Kevin Mitchel Downing [1] is a lawyer. He has previously worked for the United States Department of Justice Tax Division and as a partner for the law firm of Miller & Chevalier.

Contents

Career

Downing graduated with a degree in accounting from St. Joseph's University in 1988. He received his J.D. cum laude from St. John's University in 1994 and his LL.M. in tax law at the New York University School of Law in 1996. [2]

Downing worked in the United States Department of Justice from 1997 to 2012 in the Tax Division, serving first as a trial attorney in the Western Criminal Enforcement Section and then as senior litigation counsel. [2] At the Justice Department, Downing handled cases involving tax evasion via offshore financial vehicles and Foreign Corrupt Practices Act (FCPA) violations. Downing was the federal prosecutor who handled the KPMG tax shelter fraud case and a case involving allegations that the Swiss bank UBS AG used its private bank division to aid wealthy U.S. nationals evade taxes. However, Downing grossly mishandled the UBS AG case resulting in a lack of appropriate prosecution of tax evaders and humiliation of the U.S. Government. [3] Both cases ended in deferred prosecution agreements in 2005. In 2009, Downing was awarded the John Marshall Award by the Department of Justice for his role in the UBS case. [4] In 2012, Reuters described Downing as "the U.S. prosecutor most responsible for piercing the veil of Swiss bank secrecy".; [5] however, one must consider the incompetence he displayed as noted in the UBS AG whistleblower's account. [3]

Downing left DOJ in June 2012 to become a partner at the Washington, D.C. law firm of Miller & Chevalier, where he remained until August 2017. [6] When he joined the firm, he told Reuters that his practice at Miller & Chevalier would involve advising financial institutions on how to comply with the Foreign Account Tax Compliance Act (FATCA) of 2010. [5] According to his firm biography, his work focused on "criminal and civil tax matters" as well as money laundering, white collar, and FCPA matters. [2]

Representation of Paul Manafort in the Mueller Special Counsel investigation

Downing represented Donald Trump's 2016 presidential campaign former campaign chairman, Paul Manafort, in the Mueller special counsel investigation, which sought to investigate the Russian interference in the 2016 United States elections, many suspicious [7] [8] links between Trump associates and Russian officials and spies, and obstruction of justice committed by Trump and associates. In 2017, former FBI director Robert Mueller was selected by Deputy Attorney General Rod Rosenstein to serve as the special prosecutor overseeing the Special Counsel investigation following the dismissal of James Comey by President Trump. On July 26, 2017, the Federal Bureau of Investigation executed a no-knock search warrant on Manafort's northern Virginia home a day after the former campaign manager had met with the Senate Intelligence Committee. [9] After the raid, Manafort switched legal firms to Miller & Chevalier, hiring Downing in August. [10] [11] Subsequently, Downing left Miller & Chevalier two weeks after taking on representation of Manafort, and continued to represent Manafort after leaving the firm. [6]

On October 30, 2017, Manafort and his long-time business partner, Rick Gates, were the first two individuals to be publicly indicted as a result of the 2017 special counsel investigation. Following Manafort's initial hearing, at which Manafort pleaded not guilty, Downing told the media that "There is no evidence that Mr. Manafort or the Trump campaign colluded with the Russian government." [12]

The New York Times reported on November 27, 2018, that Downing continued sharing information about Manafort's legal matters with Trump's attorneys, pursuant to a joint defense agreement, after Manafort had entered a plea and cooperation agreement with Mueller prosecutors. [13] Although such joint defense agreements are not unusual or unlawful, they must be stopped if they create a conflict of interest, as it would be unethical for attorneys to collaborate when one of their clients is cooperating with prosecutors while another client is the subject of a continuing investigation. Attorneys for Michael Flynn had ended their joint defense agreement with Trump's attorneys when Flynn entered plea negotiations with Mueller. [14]

After Manafort was sentenced on March 13, 2019, outside the courthouse, Downing falsely asserted that judge Amy Berman Jackson "conceded that there was absolutely no evidence of any Russian collusion in this case" and "So that makes two courts. Two courts have ruled no evidence of any collusion with the Russians"; Downing was heckled by members of the public, shouting "Liar" and "That's not what [the judge] said", while making the statement to media. [15]

Related Research Articles

<span class="mw-page-title-main">Paul Manafort</span> American political consultant (born 1949)

Paul John Manafort Jr. is an American lobbyist, political consultant, and attorney. A long-time Republican Party campaign consultant, he chaired the Trump presidential campaign from June to August 2016. Manafort served as an adviser to the U.S. presidential campaigns of Republicans Gerald Ford, Ronald Reagan, George H. W. Bush, and Bob Dole. In 1980, he co-founded the Washington, D.C.–based lobbying firm Black, Manafort & Stone, along with principals Charles R. Black Jr. and Roger J. Stone, joined by Peter G. Kelly in 1984. Manafort often lobbied on behalf of foreign leaders such as former President of Ukraine Viktor Yanukovych, former dictator of the Philippines Ferdinand Marcos, former dictator of Zaire Mobutu Sese Seko, and Angolan guerrilla leader Jonas Savimbi. Lobbying to serve the interests of foreign governments requires registration with the Justice Department under the Foreign Agents Registration Act (FARA); on June 27, 2017, he retroactively registered as a foreign agent.

<span class="mw-page-title-main">Russian interference in the 2016 United States elections</span>

The Russian government interfered in the 2016 U.S. presidential election with the goals of harming the campaign of Hillary Clinton, boosting the candidacy of Donald Trump, and increasing political and social discord in the United States. According to the U.S. intelligence community, the operation—code named Project Lakhta—was ordered directly by Russian president Vladimir Putin. The Special Counsel's report, made public in April 2019, examined numerous contacts between the Trump campaign and Russian officials but concluded that there was insufficient evidence to bring any conspiracy or coordination charges against Trump or his associates.

<span class="mw-page-title-main">Links between Trump associates and Russian officials and spies</span>

Since Donald Trump was a 2016 candidate for the office of President of the United States, myriad suspicious links between Trump associates and Russian officials and spies have been discovered by the FBI, Special counsel, and several United States congressional committees, as part of their investigations into the Russian interference in the 2016 United States elections. Following intelligence reports about the Russian interference, Trump and some of his campaign members, business partners, administration nominees, and family members were subjected to intense scrutiny to determine whether they had improper dealings during their contacts with Russian officials. Several people connected to the Trump campaign made false statements about those links and obstructed investigations. These investigations resulted in many criminal charges and indictments.

<span class="mw-page-title-main">Mueller special counsel investigation</span> US investigation into Russian interference in US elections

The Mueller special counsel investigation was an investigation into Russian interference in the 2016 United States elections, links between Trump associates and Russian officials and spies, and possible obstruction of justice by Trump and his associates. The investigation was conducted by special prosecutor Robert Mueller from May 2017 to March 2019. It was also called the Russia investigation, the Mueller probe, and the Mueller investigation. The Mueller investigation culminated with the Mueller report, which concluded that though the Trump campaign welcomed Russian interference and expected to benefit from it, there was insufficient evidence of a criminal conspiracy to charge members of the campaign. The report did not reach a conclusion about possible obstruction of justice by Trump, citing a Justice Department guideline that prohibits the federal indictment of a sitting president. The investigation resulted in charges against 34 individuals and 3 companies, 8 guilty pleas, and a conviction at trial.

<span class="mw-page-title-main">Andrew Weissmann</span> American lawyer

Andrew A. Weissmann is an American attorney and professor. He was an Assistant United States Attorney from 1991 to 2002, where he prosecuted high-profile organized crime cases. He served as a lead prosecutor in Robert S. Mueller's Special Counsel's Office (2017–2019), as Chief of the Fraud Section in the Department of Justice (2015–2017) and is currently a professor at NYU Law School.

<span class="mw-page-title-main">Rick Gates (political consultant)</span> American former political consultant, lobbyist, and convicted felon

Richard William Gates III is an American former political consultant and lobbyist who pleaded guilty to conspiracy against the United States for making false statements in the investigation into Russian interference in the 2016 United States elections. He is a longtime business associate of Paul Manafort and served as deputy to Manafort when the latter was campaign manager of the Donald Trump presidential campaign in 2016, and after under Kellyanne Conway.

<span class="mw-page-title-main">Timeline of investigations into Donald Trump and Russia (January–June 2017)</span>

This is a timeline of major events in the first half of 2017 related to the investigations into links between associates of Donald Trump and Russian officials and spies that are suspected of being inappropriate, relating to Russian interference in the 2016 United States elections. Following the timeline of Russian interference in the 2016 United States elections before and after July 2016 up until election day November 8 and the post-election transition, this article begins with Donald Trump and Mike Pence being sworn into office on January 20, 2017, and is followed by the second half of 2017. The investigations continued in the first and second halves of 2018, the first and second halves of 2019, 2020, and 2021.

<span class="mw-page-title-main">Timeline of investigations into Donald Trump and Russia (January–June 2018)</span>

This is a timeline of major events in first half of 2018 related to the investigations into links between associates of Donald Trump and Russian officials and spies that are suspected of being inappropriate, relating to Russian interference in the 2016 United States elections. It follows the timeline of Russian interference in the 2016 United States elections before and after July 2016 up until election day November 8, the transition, and the first and second halves of 2017, but precedes the second half of 2018, the first and second halves of 2019, 2020, and 2021. These events are related to, but distinct from, Russian interference in the 2018 United States elections.

<span class="mw-page-title-main">Trials of Paul Manafort</span>

The two criminal trials of Paul Manafort were the first cases brought to trial by the special counsel's investigation into Russian interference in the 2016 presidential election. Manafort served as campaign chair for the Donald Trump 2016 presidential campaign from June 20 to August 19, 2016. In July 2017, the FBI conducted a raid of Manafort's home, authorized by search warrant under charges of interference in the 2016 election. Manafort and his business assistant Rick Gates were both indicted and arrested in October 2017 for charges of conspiracy against the United States, making false statements, money laundering, and failing to register as foreign agents for Ukraine. Gates entered a plea bargain in February 2018.

The 2017-2019 Special Counsel investigation involved multiple legal teams, specifically the attorneys, supervised by Special Counsel Robert Mueller, taking part in the investigation; the team representing President Trump in his personal capacity; and the team representing the White House as an institution separate from the President.

<span class="mw-page-title-main">Timeline of investigations into Donald Trump and Russia (January–June 2019)</span>

This is a timeline of events in the first half of 2019 related to investigations into the many suspicious links between Trump associates and Russian officials and spies relating to the Russian interference in the 2016 United States elections. It follows the timeline of Russian interference in the 2016 United States elections, both before and after July 2016, until November 8, 2016, the transition, the first and second halves of 2017, the first and second halves of 2018, and followed by the second half of 2019, 2020, and 2021.

<span class="mw-page-title-main">Criminal charges brought in the Mueller special counsel investigation</span> People and organizations charged

The Special Counsel investigation was a United States law enforcement and counterintelligence investigation of the Russian government's efforts to interfere in United States politics and any possible involvement by members of the 2016 Trump presidential campaign. It was primarily focused on the 2016 presidential election.

<span class="mw-page-title-main">Mueller report</span> 2019 U.S. government report on Russian interference in the 2016 election

The Mueller report, officially titled Report On The Investigation Into Russian Interference In The 2016 Presidential Election, is the official report documenting the findings and conclusions of former Special Counsel Robert Mueller's investigation into Russian efforts to interfere in the 2016 United States presidential election, allegations of conspiracy or coordination between Donald Trump's presidential campaign and Russia, and allegations of obstruction of justice. The report was submitted to Attorney General William Barr on March 22, 2019, and a redacted version of the 448-page report was publicly released by the Department of Justice (DOJ) on April 18, 2019. It is divided into two volumes. The redactions from the report and its supporting material were placed under a temporary "protective assertion" of executive privilege by then-President Trump on May 8, 2019, preventing the material from being passed to Congress, despite earlier reassurance by Barr that Trump would not exert privilege.

<span class="mw-page-title-main">Timeline of investigations into Donald Trump and Russia (July–December 2018)</span>

This is a timeline of major events in second half of 2018 related to the investigations into the many suspicious links between Trump associates and Russian officials and spies relating to the Russian interference in the 2016 United States elections. It follows the timeline of Russian interference in the 2016 United States elections before and after July 2016 up until election day November 8, and the transition, the first and second halves of 2017, and the first half of 2018, but precedes that of the first and second halves of 2019, 2020, and 2021. These events are related to, but distinct from, Russian interference in the 2018 United States elections.

<span class="mw-page-title-main">Timeline of investigations into Donald Trump and Russia (July–December 2017)</span>

This is a timeline of major events in the second half of 2017 related to the investigations into the many suspicious links between Trump associates and Russian officials and spies relating to the Russian interference in the 2016 United States elections. It follows the timeline of Russian interference in the 2016 United States elections before and after July 2016 up until election day November 8, the post-election transition, and the first half of 2017. The investigations continued in the first and second halves of 2018, the first and second halves of 2019, 2020, and 2021.

<span class="mw-page-title-main">Timeline of investigations into Donald Trump and Russia (2020–2022)</span>

This is a timeline of events from 2020 to 2022 related to investigations into the many suspicious links between Trump associates and Russian officials and spies relating to the Russian interference in the 2016 United States elections. It follows the timeline of Russian interference in the 2016 United States elections, both before and after July 2016, until November 8, 2016, election day, the transition, the first and second halves of 2017, the first and second halves of 2018, and the first and second halves of 2019.

<i>United States v. Flynn</i> Criminal case in U.S. courts

United States v. Flynn was a criminal case in the United States District Court for the District of Columbia which was dismissed without any convictions in December 2020 following a presidential pardon. Michael Flynn, a retired lieutenant general in the United States Armed Forces, had accepted President-elect Donald Trump's offer for the position of National Security Advisor in 2016 and then briefly served as National Security Advisor. He pleaded guilty to one count of making false statements to the Federal Bureau of Investigation. Flynn's alleged false statements involve conversations he had with Russian Ambassador Sergey Kislyak when Flynn was incoming National Security Advisor to President-elect Trump, and Flynn agreed to cooperate with the Special Counsel investigation as part of a plea deal.

<i>Where Law Ends</i> 2020 non-fiction book by Andrew Weissmann

Where Law Ends: Inside the Mueller Investigation is a best-selling non-fiction book written by Andrew Weissmann, a former Assistant United States Attorney (AUSA), and later a General Counsel of the Federal Bureau of Investigation from 2011 to 2013. Released by Random House on September 29, 2020, the widely read book gives an insider's view into Department of Justice special counsel Robert Mueller's highly controversial investigation of Russian interference in the 2016 presidential election of Donald Trump.

<span class="mw-page-title-main">Timeline of investigations into Donald Trump and Russia (July–December 2019)</span>

This is a timeline of major events in second half of 2019 related to the investigations into the myriad links between Trump associates and Russian officials and spies that are suspected of being inappropriate, relating to the Russian interference in the 2016 United States elections. It follows the timeline of Russian interference in the 2016 United States elections before and after July 2016 up until election day November 8, and the transition, the first and second halves of 2017, the first and second halves of 2018, and the first half of 2019, but precedes that of 2020 and 2021.

<span class="mw-page-title-main">Topics of the Mueller special counsel investigation</span> Topics of the United States investigation into Russian interference in the 2016 elections

The Mueller special counsel investigation was started by Deputy Attorney General Rod Rosenstein, who was serving as Acting Attorney General due to the recusal of Attorney General Jeff Sessions. He authorized Robert Mueller to investigate and prosecute "any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump", as well as "any matters that arose or may arise directly from the investigation" and any other matters within the scope of 28 CFR 600.4 – Jurisdiction.

References

  1. ↑ "Attorney Online Services - Search Updated".
  2. 1 2 3 Kevin M. Downing, Miller & Chevalier Chartered (version of November 13, 2016).
  3. 1 2 "Lucifer's Banker" by Bradley C. Birkenfeld
  4. ↑ "Attorney General Holder Recognizes Department Employees and Others for Their Service at Annual Awards Ceremony". United States Department of Justice. October 21, 2009. Retrieved November 27, 2018.
  5. 1 2 Browning, Lynnley (June 4, 2012). "U.S. tax prosecutor Downing resigns, joins Miller & Chevalier". Reuters. Archived from the original on September 5, 2017.
  6. 1 2 Katelyn Polantz, Paul Manafort's Lawyer Leaves His Firm Two Weeks After Taking Case, National Law Journal (August 27, 2017).
  7. ↑ Harding, Luke (November 15, 2017). "How Trump walked into Putin's web". The Guardian . Retrieved May 22, 2019. ...the Russians were talking to people associated with Trump. The precise nature of these exchanges has not been made public, but according to sources in the US and the UK, they formed a suspicious pattern.
  8. ↑ Harding, Luke; Kirchgaessner, Stephanie; Hopkins, Nick (April 13, 2017). "British spies were first to spot Trump team's links with Russia". The Guardian . Retrieved May 13, 2019.
  9. ↑ "The FBI raided Paul Manafort's house". NYPost.com. August 9, 2017. Retrieved December 12, 2017.
  10. ↑ Bertrand, Natasha (August 11, 2017). "Paul Manafort spokesman: 'He's girding himself for a long legal battle'". Business Insider . Retrieved November 27, 2018.
  11. ↑ Faulders, Katherine. "Meet the legal team defending former Trump campaign chairman Paul Manafort". ABC News. ABC. Retrieved November 27, 2018.
  12. ↑ "Manafort attorney: No evidence client colluded with Russia". Reuters. October 30, 2017.
  13. ↑ Schmidt, Michael S.; Lafraniere, Sharon; Haberman, Maggie (November 28, 2018). "Manafort's Lawyer Said to Brief Trump Attorneys on What He Told Mueller". The New York Times. Retrieved November 28, 2018.
  14. ↑ Schmidt, Michael S.; Apuzzo, Matt; Haberman, Maggie (November 23, 2017). "A Split From Trump Indicates That Flynn Is Moving to Cooperate With Mueller". The New York Times. Retrieved November 28, 2018.
  15. ↑ Holmes Lybrand and Marshall Cohen (March 13, 2019). "Fact-check: Manafort attorney falsely says judges ruled there was 'no evidence' of Russian collusion". CNN.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.