Duncan Levin, a former federal prosecutor who also used to serve in the Manhattan DA’s office as its asset forfeiture chief, argued Vance’s indictment was “carefully crafted” to avoid the double jeopardy issue.


https://www.nydailynews.com/news/politics/ny-pol-manafort-crimes-new-york-20190313-story.html

Levin goes onto say.....snip..

or something equivalent. I suppose we will have to wait for matters to proceed to find out with any certainty. So long as some of the parties are pseudonymous it is hard to be certain about anything.

It would be nice if Vance could offer a legitimate, unbiased, mistake-free prosecution and not something which reeks of a political agenda (no matter how much I might otherwise like the outcome goal).

He's doing a piss poor job of analysing the Double Jeopardy issue. So long as the NY crimes charged, yes including those involving Citizens Bank, have unique or additional elements, there is no problem. It's not the victim being the same that causes issues, it's if you have to use the exact same facts to prove all the exact same elements of the previous conviction.

Here's a former Fed prosecutor's take.

https://www.democraticunderground.com/100211918694

Then you would have to know which evidence the prosecution was relying on. I think these attorneys are flapping their gums before they have enough information. I've seen stuff so far saying the turning point is whether the charges are transactionally related, or whether it's the same victim, or whether the crimes allege the same type of harm. None of those are dispositive as to any double jeopardy claims.

I'll give you some examples:

Manafort convicted of robbing bank A on January 1, 2020
And
Manafort convicted of robbing bank A on January 2, 2020

NOT double jeopardy because 2 separate robberies, even though same victim.


Manafort convicted of possessing meth on January 1, 2020
And
Manafort convicted of possession of meth for sale on January 1, 2020

NOT double jeopardy because possession for sale has additional element of intent to sell, even though same drugs possessed at same time (these sentences would undoubtedly be concurrent)

I'm not saying there absolutely cannot be double jeopardy issues. What I'm saying is people are making judgment calls without relevant informant.

I am a criminal defense attorney with 27 years experience.

about this now, and I hope you're right -- that Vance drafted this as carefully as you would have.

He could also be looking at additional cases from separate indictments. It's not at all unusual for a defendant to be facing multiple cases. Most I ever had was a client with 10 open felony cases. It really depends on the local practice of the prosecuting entity. Having disparate charges all contained in a single indictment leads to requests for severance because having one jury hear how the defendant likely committed different types of crimes against multiple victims would be too prejudicial.