The US Courtroom of Appeals for the DC Circuit ruled towards former Republican marketing campaign advisor Jesse R. Benton Friday, upholding Benton’s conviction for allegedly funneling $100,000 in marketing campaign donations from a Russian businessman to his consulting agency. Of the $100,000, Benton was convicted of retaining $75,000 of the donation for himself and giving the opposite $25,000 to the 2016 marketing campaign of former President Donald Trump underneath Benton’s title.
Benton appealed his 2022 conviction for “conspiring to solicit and trigger an unlawful marketing campaign contribution by a international nationwide, effecting a conduit contribution, and inflicting false information to be filed with the FEC.” Benton argued that his 2020 pardon, granted by Trump, prevented prosecutors from citing his earlier campaign finance conviction for bribing an Iowa politician to modify his endorsement in 2011 to former US Consultant Ron Paul (L-TX).
Benton additionally pointed to Federal Guidelines of Proof404(b) and 609, arguing that, underneath these guidelines, prior legal acts can’t be launched for impeachment functions if there was a “discovering of innocence,” which he claimed the pardon was. Nevertheless, the prosecution argued that the pardon didn’t specify Benton’s innocence, and the district court agreed.
The appellate courtroom sided with the district courtroom and the prosecution, stating:
Even when we utilized Rule 609 to interpret Rule 404 (b) [of the Federal Rules of Evidence]- so {that a} pardon primarily based on innocence couldn’t be admitted- we’d affirm the district courtroom’s conclusion that Benton’s pardon didn’t evince his rehabilitation or innocence.
Benton made a number of different claims, which had been both rejected by the appellate courtroom or the appellate courtroom refused to evaluation. Included amongst them had been the claims that the false information provision of the Sarbanes-Oxley Act can’t be used to prosecute false information to the Federal Election Fee (FEC), Benton’s prior conviction was improperly used throughout sentencing, and that the jury directions had been improper.
Benton was initially convicted of funneling $100,000 in unlawful international marketing campaign contributions via his consulting agency, giving $25,000 of which to the 2016 Trump marketing campaign. The contributions got here from Roman Vasilenko, a outstanding Russian businessman. Benton allegedly hid the supply of the funds from each the Trump marketing campaign and Trump himself. To cover the supply of the funds, Benton allegedly created a pretend bill, billing the cash as “consulting providers.” He then donated $25,000 to the Trump marketing campaign underneath his personal title. This induced the Trump marketing campaign to unknowingly file false SEC filings citing Benton because the donor, in accordance with the Division of Justice (DOJ). Federal regulation prohibits the acceptance of election contributions from international entities or nationals.
Benton was convicted in 2022 and was sentenced to 18 months in jail in 2023. Benton then filed a movement for judgment of acquittal and a movement for a brand new trial, which had been each rejected by the DC Circuit Courtroom in January 2023. Benton then appealed the DC Circuit ruling, with oral arguments being held earlier than the US Courtroom of Appeals for the DC Circuit on February 12, 2024.
Overseas election interference has change into a widespread international concern as allegations have proliferated everywhere in the world in a yr wherein virtually half of the world’s population has participated or will take part in an election. Belgian Prime Minister Alexander de Croo alleged final week that Russia has tried to intrude within the upcoming EU parliamentary elections. The Canadian Safety Intelligence Service (CSIS) alleged in early April that the governments of India and Pakistan each tried to intrude within the 2021 Canadian federal election. Russian President Vladimir Putin alleged in March that the US tried to intrude in Russia’s March presidential elections. In 2021, US President Joe Biden placed new sanctions on Russia for allegedly interfering within the 2020 US presidential election.
Source / Picture: jurist.org
