gov.uscourts.nysd.499666.48.2_1

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AO 106 (SDNY Rev. 01/17) Application for a Search Warrant
UNITED STATES DISTRICT COURT
for the
Southern District of New York
In the Matter of the Search of
(Briefly describe the property to be searched
or identify the person by name and address)
Loews Regency Hotel, 540 Park Avenue, Room
1628
2968
APPLICATION FOR A SEARCH AND SEIZURE WARRANT
I, a federal law enforcement officer or an attorney for the government, request a search warrant and state under
penalty of perjury that I have reason to believe that on the following person or property (identify the person or describe the
property to be searched and give its location):
Loews Regency Hotel, 540 Park Avenue, Room 1628, a Suite that Encompasses Rooms 1628, 1629, and 1630 New York, New York 10065
located
Southern
Districto
person or describe the property to be seized):
See Attached Affidavit and its Attachment A
New York
there is now concealed (identify the
The basis for the search under Fed. R. Crim. P. 41 (c) is (checkone or more):
<evidence of a crime;
€contraband, fruits of crime, or other items illegally possessed;
06roperty designed for use, intended for use, or used in committing a crime;
a person to be arrested or a person who is unlawfully restrained.
The search is related to a violation of:
Code Section(s)
Offense Description(s)
18 usc 371,-1005, 1014, 1343, Conspiracy, false bank entries, false statements to a financial
1344; 52 USC 30116 and 30109
institution, wire fraud, bank fraud, and illegal campaign contributions
The application is based on these facts:
See Attached Affidavit and its Attachment A
Continued on the attached sheet.
Delayed notice of 30 days (give exact ending date if more than 30 days:
under 18 U.S.C. 3103a, the basis of which is set forth on the attached sheet.
) is requested
Sworn to before me and signed in my presence.
Date:
City and state: New York, NY
Judge 'S signature
Print name and tide

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
In the Matter of the Application of the United
States of America for a Search and Seizure
Warrant for the Premises Known and Described
as Loews Regency Hotel, 540 Park Avenue,
Room 1628, a Suite that Encompasses Rooms
1628, 1629, and 1630 New York, New York
10065, and Any Closed Containers/ltems
Contained Therein
Reference No. 2018100127
SOUTHERN DISTRICT OF NEW YORK) ss.:
TO BE FILED UNDER SEAL
Agent Affidavit in Support of
Application for Search and Seizure
Warrant
being dul swo
Special Federal Bureau of Investi atio
deposes and says:
I. Introduction
A. Affiant
I am a Special Agent with the Federal Bureau of Investigation ("FBI"). I have been
1.
a Special Agent with the FBI since 2009. In the course of my experience and training in these
positions, I have participated in criminal investigations into federal offenses involving a wide array
of financial crimes, including frauds on financial institutions, as well as into offenses involving
public corruption. I also have train.ing and experience executing search warrants, including those
involving electronic evidence.
2. On or about April 8, 2018 , the Honorable Henry B. P itman, United States
Magistrate Judge, issued a search and seizure warrant for the premises known and described as
Loews Regency Hotel, 540 Park Avenue, Room 1728, New York, New York 10065, and Any
Closed Containers/ltems Contained Therein. The warrant and my supporting affidavit (the
"Affidavit") are appended hereto. The Affidavit is incorporated herein by reference in its entirety
as Exhibit A.
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3. On or about April 9, 2018, based upon a conversation with another law enforcement
agent who spoke to an employee of Loews Regency Hotel, I learned that Michael Cohen is in fact
staying in Room 1628 (in a suite encompassing rooms 1628, 1629, and 1630) (collectively, "Room
1628"), not Room 1728. Accordingly, I respectfully submit the attached amended warrant
pursuant to Rule 41 ofthe Federal Rules ofCriminal Procedure for the following Subject Premises:
Loews Regency Hotel, 540 Park Avenue, Room 1628, New York, New York 10065, and Any
Closed Containers/ltems Contained Therein ("Subject Premises-4"). For the reasons detailed in
the Affidavit and herein, I believe that there is probable cause to believe that Subject Premises-4
entries), 1014 (false statements to a financial institution), 1343 (wire fraud), and 1344 (bank fraud)
(collectively, the "Bmk Fraud Offenses"), 52 U.S.C. and
(illegal campaign contributions) (the "Campaign Finance Offenses"), and 18 U.S.C. 371
(conspiracy as it pertains to the other Subject Offenses) (collectively, the "Subject Offenses").
4. Based on the foregoing, I respectfully request the court to issue a warrant to seize
the items and information specified in Attachment A to this affidavit and to the Search and Seizure
Warrant.
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5. In light of the confidential nature of the continuing investigation, I respectfully
request that this affidavit and all papers submitted herewith be maintained under seal until the
Court orders otherwise.
Special Agent
FBI
Sworn to before me on
9th day of April, 2018
HON.
B. PITMAN
UNITED STATES MAGISTRATE JUDGE
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ATTACHMENT A
I. Premises to be Searched—Subiect Premises-4
The premises to be searched ("Subject Premises-4") are described as follows, and include
electronic devices, and all locked and closed containers found therein:
Room 1628 (a suite encompassing rooms 1628, 1629, and 1630) (collectively, "Room
1628"), located inside the Loews Regency Hotel at 540 Park Avenue, New York, New York
10065. The building is a luxury hotel located on Park Avenue and 61st Street. Subject Premises-
4 is located on the 16th floor of the hotel.
II. Items to Be Seized
A. Evidence, Fruits, and Instrumentalities of the Subject Offenses
The items to be seized from Subject Premises-4 are evidence, fruits, and instrumentalities
of violations of 18 U.S.C. 371 (conspiracy, as it pertains to the other Subject Offenses), 1005
(false bank entries), 1014 (false statements to a financial institution), 1343 (wire fraud), and 1344
(bank fraud), and 52 U.S.C. and 30109(d)(1)(A)(1) (illegal campaign
contributions) (the "Subject Offenses"), described as follows:
a. Evidence relating to Sterling National Bank, Melrose Credit Union, and/or taxi
medallions, from January 1, 2013 to the present.
b. Evidence relating to a plan, proposal, or agreement for Michael Cohen and/or
entities associated with him to transfer anv interest in taxi medallions, and any associated debts or
md/or entities associated with him.
liabilities, to others, including to
c. Evidence relating to a plan, proposal, or agreement to modify loans that Cohen has
with Sterling and/or Melrose.
d. Evidence relating to Essential Consultants, LLC, including any documents that
indicate the nature and purpose of payments made to or from Essential Consultants or the nature
of any work done by Cohen or any other individuals in connection with Essential Consultants.
e. Evidence of income to Michael D. Cohen & Associates, including any documents
that indicate the nature and purpose ofpayments made to or from Michael D. Cohen & Associates,
or evidence of the purpose of accounts opened in the name of Michael D. Cohen & Associates.
f. Evidence relating to Cohen's net worth, available cash and cash equivalents,
monthly and annual income, income sources, and other assets, whether held personally or through
entities, including tax returns, personal financial statements, and bank records, from January 1,
2013 to the present.
g. Evidence relating to agreements, loans, and/or financial transactions between
and/or entities controlled by
Cohen
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and any payments by
l, 2012 to the present.
to Cohen, from January
h. Evidence relating to payments to Stephanie Clifford, Karen McDougal, or their
agents or legal representatives, including any nondisclosure agreements and related documents,
and any communications related to such agreements.
i. Evidence of communications involving Michael Cohen, Donald Trump and/or
agents or associates of the Trump Campaign about Stephanie Clifford or Karen McDougal, or
payments to Stephanie Clifford or Karen McDougal.
j. Evidence of communications between Michael Cohen and American Media, Inc.,
David Pecker, and/or Dylan Howard about Donald Trump, the Trump Campaign, Stephanie
Clifford, and/or Karen McDougal.
k. Evidence relating to Cohen's role in the Trump Campaign, and coordination or
l. Evidence ofcommunicationswith Donald Trump and/or agents or associates ofthe
Trump Campaign about the Access Hollywood tape and other potential sources of negative
publicity involving Trump's relationship in the run up to the election.
m. Evidence relating to any reimbursement or other promises made to Cohen for
payment to Clifford or others in connection with the election.
n. Evidence relating to Cohen's knowledge of the campaign finance laws, campaign
contribution reporting requirements, and campaign contribution limits.
o. Communications with others, including Jeffrey Getzel and/or other accountants,
relating to Cohen's bank accounts, taxes, debts, and/or finances, from January 1, 2013 to the
present.
p. Communications, records, documents, and other files reflecting false
representations to a financial institution related to the intended purpose of an account or loan at
that financial institution; the nature of any business or entity associated with an account at a
financial institution; the source of funds flowing into an account; or the purpose or nature of any
financial transactions involving that financial institution, from January 1, 2013 to the present.
q. Evidence ofCohen's intent as it relates to the Subject Offenses under investigation.
B. Search and Seizure of Electronically Stored Information
The items to be seized from Subject Premises-4 also include any computer devices and
storage media that may contain any electronically stored information falling within the categories
set forth in Section II.A of this Attachment above, including, but not limited to, a MacBook Pro,
any other desktop and laptop computers, any Apple iPhone or other cellphone or smafiphone
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belonging to Michael Cohen or in his possession, an Apple iPad Mini, portable hard drives, disk
drives, thumb drives, and personal digital assistants. In lieu of seizing any such computer devices
or storage media, this warrant also authorizes the copying of such devices or media for later review.
The items to be seized from Subject Premises-4 also include:
1. Any items or records needed to access the data stored on any seized or copied
computer devices or storage media, including but not limited to any physical keys, encryption
devices, or records of login credentials, passwords, private encryption keys, or similar information.
2. Any items or records that may facilitate a forensic examination of the computer
devices or storage media, including any hardware or software manuals or other information
concerning the configuration of the seized or copied computer devices or storage media.
3. Any evidence concerning the identities or locations ofthose persons with access to,
control over, or ownership ofthe seized or copied computer devices or storage media.
C. Review ofES1
Following seizure of any computer devices and storage media and/or the creation of
forensic image copies, law enforcement personnel (which may include, in addition to law
enforcement officers and agents, attorneys for the government, attorney support staff, agency
personnel assisting the government in this investigation, and outside technical experts under
government control) are authorized to review the ESI contained therein for information responsive
to the warrant.
In conducting this review, law enforcement personnel may use various techniques to locate
information responsive to the warrant, including, for example:
• surveying various file "directories" and the individual files they contain (analogous to
looking at the outside of a file cabinet for the markings it contains and opening a drawer
believed to contain pertinent files);
• opening or cursorily reading the first few "pages" of such files in order to determine
their precise contents;
o scanning storage areas to discover and possibly recover recently deleted files or
deliberately hidden files;
perfonning key word searches through all electronic storage areas to determine whether
occurrences of language contained in such storage areas exist that are intimately related
to the subject matter of the investigation; and
reviewing metadata, system information, configuration files, registry data, and any
other information reflecting how, when, and by whom the computer was used.
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Law enforcement personnel will make reasonable efforts to search only for files,
documents, or other electronically stored information within the categories identified in Sections
II.A and II.B of this Attachment. However, law enforcement personnel are authorized to conduct
a complete review of all the ESI from seized devices or storage media if necessary to evaluate its
contents and to locate all data responsive to the warrant.
Additionally, review of the items described in this Attachment shall be conducted pursuant to
established procedures designed to collect evidence in a manner reasonably designed to protect
any attorney-client or other applicable privilege. When appropriate, the procedures shall include
use of a designated "filter team," separate and apart from the investigative team, in order to
address potential privileges.
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
In the Matter of the Application of the United
States of America for a Search and Seizure
Warrant for the Premises Known and Described
as (1) 502 Park
York, New York 10022, (2) Michael Cohen's
Office at 30 Rockefeller Plaza, 23rd Floor, New -
York, New York 10112, (3) Safe Deposit Box #
—Located at the TD Bank Branch at 500 Park
Avenue, New York, New York 10019, and (4) -
Loews Regency Hotel, 540 Park Avenue, Room .
1728, New York, New York 10065, and Any
Closed Containers/ltems Contained Therein, and
the Electronic Devices Known and Described as
d (2) an Apple iPhone with Phone
Number .
Reference No. 2018R00127
SOUTHERN DISTRICT OF NEW YORK) ss.:
TO BE FILED UNDER SEAL
Agent Affidavit in Support of
Application for Search and Seizure
Warrant
Special Agent, Federal Bureau of Investigation, being duly sworn,
deposes and says:
I. Introduction
A. Affiant
I am a Special Agent with the Federal Bureau of Investigation ("FBI"). I have been
1.
a Special Agent with the FBI since 2009. In the course of my experience and training in these
positions, I have participated in criminal investigations into federal offenses involving a wide array
of financial crimes, including frauds on financial institutions, as well as into offenses involving
public corruption. I also have training and experience executing search warrants, including those
involving electronic evidence.
I make this Affidavit in support of an application pursuant to Rule 41 of the Federal
2.
Rules of Criminal Procedure for a wan-ant to search the premises specified below (the "Subject
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Premises") and the electronic devices specified below (the "Subject Devices") for, and to seize,
the items and infonnation described in Attachments A, B, C, D, E and F. This affidavit is based
upon my personal knowledge; my review ofdocuments and other evidence; my conversations with
other law enforcement personnel; and my training, experience and advice received concerning the
use of electronic devices in criminal activity and the forensic analysis of electronically stored
information ("ESI"). Because this affidavit is being submitted for the limited purpose of
establishing probable cause, it does not include all the facts that I have learned during the course
of my investigation. Where the contents of documents and the actions, statements, and
onversationsofothers
otherwise indicated.
B. The Subject Premises and Subject Devices
Subject Premises-I, Subject Premises-2, Subject Premises-3 and Subject Premises-
3.
4 (collectively, the "Subject Premises") are particularly described as:
a
located inside the building at 502
a. Subject Premises-I is Apartment
Park Avenue, New York, New York 10022. The building located at 502 Park Avenue is a 32-
loor of the building.
floor brick residential building. Subject Premises-I is located on the
Based on my review of New York City property records, I have learned that Michael Cohen and
Laura Cohen own Subject Premises-1.1 Additionally, as described below, Subject Premises-I is
Cohen's full-time residence.
Subject Premises-2 is an office located on the 23rd floor of the building at
b.
30 Rockefeller Plaza, New York, New York 10112. The building located at 30 Rockefeller Plaza
I As noted infra, I have learned that on or about October 28, 2015, Cohen transfen•ed Subject
Premises-I into a frust.
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is a 66-floor offlce building that spans the entire block between Sixth Avenue and Rockefeller
Plaza. Subject Premises-2 is located on the 23rd floor of the building inside of the offices of the
law firm Squire Patton Boggs. The office is assigned to Michael Cohen. As described below,
Michael Cohen works and conducts meetings at Subject Premises-2.
Subject Premises-3 is a safety deposit box located inside the TD Bank
c.
branch location at 500 Park Avenue, New York, New York 10019. Based on my review ofrecords
maintained by TD Bank, I have learned that the safety deposit box is approximately five inches by
Ehe safety deposit box is in the name of Michael
ten inches in size, and is marked as box
Cohen and-Eauræeohen.
Subject Premises-4 is Room 1728 located inside the Loews Regency Hotel
d.
at 540 Park Avenue, New York, New York 10065. The building is a luxury hotel located on Park
Avenue and 61st Street. Subject Premises-4 is located on the 17th floor of the hotel. Based on my
review of emails obtained pursuant to search warrants described below, I have learned that on or
about January 5, 2018, Cohen received an email from an employee of Loews Regency, which
included a price quote for a long-term stay suite based on a three-month stay from January 8 to
April 8, 2018.2 On or about January 29, 2018, Cohen sent an email to a Loews Regency employee,
stating, in pertinent part: "I just spoke to my wife and she has scheduled the move for Thursday.
Please mark down that we will be taking possession on Thursday, February 1st." Based on my
review of cell phone location data, I have learned that, over the past 24 hours, two cellular phones
used by Cohen have been located in the vicinity of Subject Premises-4. In particular, on or about
2 Although the quoted price contemplated a three-month stay from January 8 to April 8, it appears
that Cohen did not move in until February 1, and as of today, April 8, cellphone location
information demonstrates that Cohen's cellular phones are in still in the vicinity of Subject
Premises-4.
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April 8, 2018, law enforcement agents using a "triggerfish" device identified Room 1728 as the
room within the hotel in which the Subject Devices are most likely present.3
e.
Premises-4.
Therefore, I believe that Cohen is temporarily residing in Subject
Subject Device-I and Subject Device-2 (collectively, the "Subject Devices") are
4.
particularly described as:
a. Subject Device-I is an Apple iPhone serviced by AT&Twith the telephone number
Based on my review of records maintained by AT&T, I have learned that Subject
to-Michael-Cohen. Based-ön-my-review-ofcellphonelocation-infonnation
maintained by AT&T, I have learned that Subject Device-I is presently located in the Southern
District of New York.
b. Subject Device-2 is an Apple iPhone serviced by AT&Twith the telephone number
Based on my review ofrecords maintained by AT&T, I have leamed that Subject
Device-2 is subscribed to Michael Cohen. Based on my review of cellphone location information
maintained by AT&T, I have learned that Subject Device-2 is presently located in the Southern
District of New York.
c. Based on my training, experience, and research, and from consulting the
manufacturer's and service providers' advertisements and product technical specifications
available online, I know that the Subject Devices have capabilities that allow them to, among other
things: make and receive telephone calls; save and store contact information; send and receive
3 Based on my conversations with these agents, I understand that it is also possible that the Subject
Devices are one floor below, in Room 1628. However, as noted, I understand that Cohen received
a price quote for a long-term stay suite and is residing there with his family. Based on my
conversations with FBI agents conducting surveillance, I understand that Room 1728 appears to
be a suite, whereas Room 1628 appears to be a standard room.
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emails and text messages; download and run mobile telephone applications, including encrypted
call and messaging application such as 1%atsApp, Signal, and Dust; take, send, and receive
pictures and videos; save and store notes and passwords; and store documents.
C. The Subject Offenses
For the reasons detailed below, I believe that there is probable cause to believe that
5.
the Subject Premises and Subject Devices contain evidence, fruits, and instrumentalities of
violations of 18 U.S.C. 1005 (false bank entries), 1014 (false statements to a financial
institution), 1343 (wire fraud), and 1344 (bank fraud) (collectively, the "Bank Fraud Offenses"),
"Campaign Finance Offenses"), and 18 U.S.C. 371 (conspiracy as it pertains to the other
Subject Offenses) (collectively, the "Subject Offenses").
D. Prior Applications
6. The FBI and the United States Attorney's Office for the Southem District of New
York ("USAO") have been investigating several courses of criminal conduct by Michael Cohen.
Cohen is an attorney who currently holds himselfout as the personal attorney for President Donald
Trump, and who previously served for over a decade as an executive in the Trump Organization,
an international conglomerate with real estate and other holdings.
7. In connection with an investigation then being conducted by the Office of the
Special Counsel ("SCO"), the FBI sought and obtained from the Honorable Beryl A. Howell, Chief
United States District Judge for the District of Columbia, three search warrants for emails and
other content information associated with two email accounts used by Cohen, and one search
warrant for stored content associated with an iCloud account used by Cohen. Specifically:
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a. On or about July 1 8, 2017, the FBI sought and obtained a search warrant for
gmail.com (the "Cohen Gmail Account") sent or received
emails in the account
between January 1, 2016 and July 18, 2017 (the "First Cohen Gmail Warrant').
b. On or about August 8, 2017, the FBI sought and obtained a search warrant
(the
for content stored in the iCloud account associated with Apple ID
"Cohen iCloud Account" and the "Cohen iCloud Warrant").
On or about November 13, 2017, the FBI sought and obtained a search
C.
warrant for emails in the Cohen Gmail Account sent or received between June I, 2015 and
November-13, .
d. On or about November 13, 2017, the FBI sought and obtained a search
warrant for emails in the account
"the "Cohen N'DCPC Account") sent or
received between the opening of the Cohen MDCPC Account4 and November 13, 2017 (the "First
Cohen YDCPC Warrant").
8. The SCO has since referred celtain aspects of its investigation into Cohen to the
USAO, which is working with the FBI's New York Field Office. As part of that referral, on or
about February 8, 2018, the SCO provided the USAO with all non-privileged emails and other
content information obtained pursuant to the First Cohen Gmail Warrant, Second Cohen Gmail
Warrant, and Cohen WIDCPC Warrant. On or about March 7, 2018, the SCO provided the USAO
4 Based on my review of this wan-ant and the affidavit in suppol-t of it, I know that the warrant did
not specify a time period, but the affidavit indicated that, pursuant to court order, the service
provider had provided non-content information for the Cohen NIDCPC Account that indicated that
the account contained emails from the approximate period of March 2017 through the date of the
warrant.
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with all non-privileged content obtained pursuant to the Cohen iCloud Warrant.s A filter team
working with the SCO had previously reviewed the content produced pursuant to these warrants
for privilege.
On or about February 28, 2018, the USAO sought and obtained search warrants for
9.
emails in the Cohen Gmail Account and the Cohen MDCPC Account, among other accounts, sent
or received between November 14, 2017 and February 28, 2018 (the "Third Cohen Gmail Warrant"
and the "Second Cohen MDCPC Warrant"). The content produced pursuant to these warrants is
6
subject to an ongoing review for privilege by an SDNY filter team.
10.
"Cohen Email Warrants."
11. On or about April 7, 2018, the USAO and FBI sought and obtained a warrant for
prospective and historical cellphone location information for Subject Device-I and Subject
Device-2. On or about April 8, 2018, the USAO and FBI sought and obtained authority to employ
an electronic technique, commonly known as a 'triggerfish," to determine the location of Subject
Device-I and Subject Device-2.
II. Probable Cause
A. Overview
12. The United States Attorney's Office for the Southern District ofNewYork and FBI
are investigating, among other things, schemes by Target Subject Michael Cohen (a) to defraud
multiple banks from in or about 2016 up to and including the present, and (b) to make an illegal
5 The SCO had previously provided a subset of this non-privileged content on or about February
2, 2018.
6 On or about February 28, 2018 and April 7, 2018, the USAO and FBI sought and obtained Rule
41 search warrants authorizing the search of emails and content obtained pursuant to previously
issued warrants for additional subject offenses.
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campaign contribution in October 2016 to then-presidential candidate Donald Trump. As noted,
Cohen is an attorney who currently holds himselfout as the personal attorney for President Donald
Trump, and who previously served for over a decade as an executive in the Trump Organization,
an international conglomerate with real estate and other holdings.
13. The investigation has revealed that Cohen has made affirmative misrepresentations
in and omitted material information from financial statements and other disclosures that Cohen
provided to multiple banks in connection with a transaction intended to relieve Cohen of
approximately $22 million in debt he owed on taxi medallion loans from the banks. As set forth
ill-detail-below, in these-financial statements-and-in-his-oral-and-othevwritten-statementstothese—
banks, Cohen appears to have (i) intentionally misrepresented his ability to pay cash by failing to
disclose cash he began receiving in 2017 from new consulting work; (ii) significantly understated
his total holdings of cash and cash equivalents; (iii) failed to disclose tens of thousands of dollars
he received in monthly interest income, and (iv) failed to inform the banks from which he was
seeking debt relief that he had agreed to make a $3.8 million cash payment to a third party,—
in connection with
acquisition of the taxi medallions securing Cohen's
debt. By making these misrepresentations and material omissions, Cohen avoided making
monthly payments on his loans, and attempted to fraudulently induce the banks to relieve him of
certain repayment obligations and personal guarantees that Cohen and his wife had signed.
14. Additionally, the investigation has revealed that shortly before the 2016
presidential election, Cohen made a payment of $130,000 from a limited liability corporation
("LLC") to Stephanie Clifford, an individual who is alleged to have had an extramarital affair with
then-candidate Trump. This payment was made to Clifford in exchange for an agreement not to
make any public disclosures about her alleged affair with Trump. As set forth below, there is
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probable cause to believe that Cohen made this payment to Clifford for the purpose of influencing
the presidential election, and therefore that the payment was an excessive in-kind contribution to
the Trump campaign.
15. Based on my review of emails obtained from the Cohen Email Warrants,
information obtained pursuant to the iCloud Warrant, and documents produced pursuant to
subpoenas, as well as my review of public sources, I have learned that Cohen has used the Subject
Premises to (a) receive documents related to the transaction intended to relieve Cohen of his taxi
medallion debt, (b) receive documents and/or conduct meetings related to his consulting work, (c)
receive documents-and/or conductmeetings-relating to
noted above and as detailed further herein, he has concealed from the banks in connection with the
refinancing of his taxi medallion debt, (d) receive and send documents relating to his payment to
Clifford, and (e) house and operate electronic devices that were utilized in connection with, among
other things, the taxi medallion transaction, Cohen's consulting work, and his payment to Clifford.
Specifically, as described below, Subject Premises-I likely contains evidence concerning Cohen's
taxi medallion loans, his negotiations with banks, his personal finances, his consulting work, his
tax returns, and his payment to Clifford, as well as electronic devices containing such evidence,
all of which constitute or contain evidence of the Subject Offenses. Additionally, as described
below, Subject Premises-2 likely contains evidence relating to Cohen's consulting work, his
finances, and his payment to Clifford, as well as electronic devices containing such evidence.
Subject Premises-3, as described below, likely contains evidence relating to Cohen's assets and
finances, including assets that may not have been disclosed to banks in connection with the
refinancing of Cohen's taxi medallion debt or documents relating to such assets, and documents
or evidence related to Cohen's payment to Clifford. Subject Premises-4 likely contains electronic
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devices, including Subject Device-I and Subject Device-2, which themselves contain evidence of
the Subject Offenses, including concerning Cohen's taxi medallion loans, his negotiations with
banks, his personal finances, his consulting work, his tax returns, and his payment to Clifford.
Accordingly, and as set forth in more detail below, there is probable cause to believe that the
Subject Premises and Subject Devices will include evidence of the Subject Offenses.
7
B. Probable Cause Regarding Subjects' Commission of the Subject Offenses
The Bank Fraud Scheme
(i) Cohen 's Statements to Sterling National Bank
16 As-set-forth-in-detaiLbelow, LLCs controlled by him and
his wife, Laura Cohen, entered into a series of loans from Sterling National Bank ("Sterling") and
the Melrose Credit Union ("Melrose"), secured by taxi medallions, for approximately $20 million.
Though entered into by LLCs, the loans were also secured by personal guarantees in the names of
both Cohen and his wife. Over time, as the taxi industry weakened and the medallions lost value,
Cohen sought to renegotiate the terms of those loans and/or relieve himself from their obligations,
including the personal guarantees. As part of that effort, Cohen made a series of representations
to Sterling and Melrose about his net worth, assets, available cash and income, among other things.
Specifically, based on my review of records maintained by Sterling and Melrose, and public
sources concerning the taxi industry and the value of taxi medallions, as well as my participation
in interviews with a Sterling executive vice-president (the "Sterling Employee-I") and two other
7 In the following recitation of probable cause, I frequently refer to phone calls or text messages
involving Cohen. The text messages described herein as sent or received by Cohen were all sent
or received from the telephone numbers associated with Subject Device-I or Subject Device-2.
The vast majority of the phone calls described herein made or received by Cohen were made or
received by the telephone numbers associated with Subject Device-I or Subject Device-2, although
in ceftain limited instances Cohen used a landline or other phone.
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Sterling employees ("Sterling Employee-2" and "Sterling Employee-3"), I have learned, among
other things, the following:
a. Taxi medallions are small metal plaques affixed to taxis. Without a medallion, it
is illegal to operate ataxi in cities with medallion systems, such as New York City. Cohen and his
wife own multiple LLCs that collectively own 32 taxi medallions (each LLC owns two
medallions).g Cohen's purchase of these New York taxi medallions was originally financed by
loans from Capital One bank, for which the medallions served as collateral. Cohen was not a taxi
operator, and leased his medallions to a third party. That third party made monthly payments to
Cohen, make-his-monthly loan payments-to Capital
One.
b. In early 2014, Cohen became a customer of Sterling when he sought to refinance a
mortgage on a rental property that he owned. In or around April 2014, Cohen raised with Sterling
the prospect ofrefinancing his taxi medallion loans, which were then at Capital One. By in or about
September 2014, Cohen began negotiating a lending transaction with Sterling that would allow
Cohen to pay off his loans at Capital One and borrow more money from the then-increase in value
of the medallions. According to Sterling Employee-I, in 2014, prior to the recent upheaval in the
taxi industry—as a result of the emergence of ride-sharing services, such as Uber—taxi medallion
loans were viewed by banks and investors as safe, shon term credits, as the market value of taxi
medallions was consistently rising. Consequently, taxi medallion loans—like the loans held by
Cohen—were frequently refinanced at increasing amounts as the value of the medallions rose.
According to Sterling Employee-I, borrowers typically cashed out the increase in the loan amount
8 One of these companies, Mad Dog Cab Corp., was jointly owned by Sondra Cohen, who I
believe is Cohen's mother.
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I
and used the additional fixnds for other purposes. Cohen appears to have followed this approach in
2014, when he agreed to refinance his medallion loans for approximately $22 million, which—
according to letters from Capital One in Sterling's files—was greater than his previous debt at
Capital One Bank ($21 million, of which $14.6 million was a line ofcredit to Cohen). This allowed
Cohen to cash out the proceeds from the transaction.
c. Based on my review of records maintained by Sterling, I have learned that on or
about December 8, 2014, each ofCohen's sixteen taxi medallion LLCs entered into loan agreements
and promissory notes with Sterling for the principal sum of $1,375,000, with repayment due on
sole shareholder of the LLC. The address listed for each of the LLCs was the address for Subject
Premises-I. The loans were also each secured by a security agreement, dated the same day, making
the medallions collateral for the notes. To give Sterling additional security, Michael and Laura
Cohen signed personal guarantees and confessions of judgment, giving Sterling the right to pursue
collection against the Cohens' personal assets were their corporations to default under the loan
agreements. The personal guaranty agreements stated that the LLCs had offices at the address for
Subject Premises-I, and contained a notice provision that stated that any notices required by the
agreements should be mailed to Subject Premises-I. In total, Sterling agreed to lend approximately
$22 million to the Cohens' companies.
d. Pursuant to participation agreements, Sterling transferred 45 percent of Cohen's
taxi medallion debt to Melrose.9
9 Melrose, which had a business principally focused on taxi medallion loans, is now in
conservatorship by the National Credit Union Administration ("NCUA").
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e. In evaluating Cohen's requested refinancing of the taxi medallions, Sterling (and
Melrose, consistent with its participation in the deal) conducted due diligence. At Sterling's
request, Cohen provided Sterling with a statement of financial condition, dated August 1, 2014
(the "August 2014 Financial Statement"), which indicated that Cohen had $100,740,000 in total
assets, $23,550,000 in total liabilities, and a net worth of $77,190,000.10 From my review of a
Sterling credit memorandum, dated September 29, 2014, I know that Sterling viewed the
transaction favorably because, accounting for loan payments, cash flows from the medallions were
projected to be positive, the value ofthe collateral (as estimated by Sterling) exceeded $42 million,
and-the-net-worth agreements==was
over $77 million. An internal Sterling credit and risk rating analysis report, dated October 20,
2014, recommended approval of the loans for substantially the same reasons.
f. Based on my review of records maintained by Sterling and public sources, I have
learned that over time, the collateral backing Cohen's loans (taxi medallions) lessened in value due
to the rise in ride-sharing companies. Additionally, Cohen began falling behind on loan payments
to Sterling and Melrose. I know from records maintained by Sterling and an interview with Sterling
Employee-2 that, beginning in or around September 2015, Cohen told Sterling, in sum and
substance, that the individual leasing Cohen's medallions had fallen behind in making payments to
Cohen, and that as a result, the monthly cash flow from his taxi medallions had been reduced,
leaving him with a shortfall of approximately $16,000 each month. For instance, I have reviewed
an email from Sterling Employee-2, dated September 9, 2015, summarizing a call with Cohen—
which according to the email and toll records for Cohen's cellphone occun•ed on September 8,
10 Cohen subsequently provided Sterling with a revised statement of financial condition, also
dated August 1, 2014, which repolted assets of $99,420,000, total liabilities of $23,550,000, and a
net worth of $75,870,000.
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2015—during which Cohen told Sterling Employee-2, in sum and substance, about his cash flow
problems and a monthly shortfall of approximately $16,000. In that same email, Sterling
Employee-2 commented that despite Cohen's statements, his personal financial information
"indicate[d] a strong ability to make up the difference in payments." Cohen, however, according
to Sterling Employee-2, puslled the bank for a reduction in Cohen's monthly payments.
g. From my review of records maintained by Sterling and my participation in an
interview with Sterling Employee-2, I have learned that Cohen and Sterling Employee-2 spoke
again on September 28, 2015, and that during the call Cohen stated, in sum and substance, that the
individual-to whom-Cohen-leases-the-medallions-had-agaimreduced-monthlypayments to-Cohen
know from my review of records maintained by Sterling that between in or about September 2015
and November 2015, Sterling raised the possibility—both internally and with Cohen—of Cohen
posting his real estate holdings, personal residence, or some other collateral as additional security
for the banks.ll According to these records, however, Cohen resisted these requests. From my
review of loan documents and records maintained by Sterling, I know that in or about November
2015, as a result of Cohen's representation that he was not earning sufficient returns on his
medallions to cover monthly interest payments, Sterling and Melrose agreed to amend their loans
with Cohen by, among other things, reducing the interest rate Cohen paid to Melrose and extending
the loan maturity date to December 8, 2017.
h. I know from interviews with Sterling Employee-I and Sterling Employee-2, as well
as emails I have reviewed, that in or about October 2016, Cohen told Sterling Employee-I that
Cohen had a potential buyer of his taxi medallions, named
who would agree to
11 Based on my review of property records, I know that on or about October 28, 2015, around
the time period when Sterling raised the possibility of Cohen posting his personal residence—
Subject Premises-I—as collateral, Cohen transferred Subject Premises-I into a trust.
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assume Cohen's debt with Sterling and Melrose. Based on my review of records maintained by
Sterling, as well as the interviews with Sterling Employee-I and Sterling Employee-2 referenced
above, I know that by or before October 2016, Cohen had entered into negotiations to sell his sixteen
taxi medallion entities to
for the balance of the loans, which at the timewas $21,376,000. I know from my review ofrecords
maintained by Sterling, and my participation in an interview with Sterling Employee-2, that as a
condition of the transfer of the medallion loans—and because Sterling was unfamiliar with
-Sterling requested that Cohen make a substantial principal payment on the loan, of
—approximately-one million-dollars-prior-to the transfer. Cohewrejected this-request-initially—But—
on or about January 31 , 2017, Cohen told Sterling Employee-I, in sum and substance, that he would
make a one million dollar principal reduction payment in order to move forward with the medallion
deed' in an email sent by Cohen to Sterling Employee-2 on or
transfer deal with
about February 22, 2017, Cohen confirmed that he "agreed to pay down 1 million from the loan
amount."
i. Pursuant to the participation agreements between Sterling and Melrose, Sterling
was required to secure Melrose's agreement to participate in the transfer of the taxi medallion debt
from Cohen to
On or about April 17, 2017, Sterling sent a memorandum to
Melrose summarizing the terms of the proposed transaction, and noting the requirement that
Melrose agree to the terms. On or about May 2, 2017, Sterling Employee-I told
that Melrose had agreed to the deal in principle, and that Sterling would be sending the parties a
term sheet shortly.
j. In order for the banks to conduct diligence and evaluate the proposed transaction
fully, they requested financial information from the parties. On or about June 7, 2017, Sterling
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Employee-I emailed Cohen to request an "updated personal financial statement," completed
jointly with Cohen's wife, and Cohen's most recent federal income tax return. On or about June
8, 2017, Cohen emailed Sterling Employee-I a Sterling personal financial statement form that had
been filled out by hand, which referenced a statement of financial condition, dated May 1, 2017
(the "May 2017 Financial Statement") that was also attached. The May 2017 Financial Statement
included a cover letter from Cohen's accountant, Jeffrey Getzel, stating, in sum and substance, that
the information in the statement came from Cohen and that Getzel had not confirmed its accuracy
or completeness. The May 2017 Financial Statement stated that Cohen had total assets of
Financial Statement indicated that Cohen's assets were comprised of $1,250,000 in cash,
$26,155,000 in closely held companies (such as the taxi medallion entities and his real estate
holdings), $3,200,000 in real estate investments, and his $11,000,000 personal residence.12
k. Based on my review of reports of law enforcement interviews of Sterling
Employee-I, I have learned that Sterling Employee-I reviewed the May 2017 Financial Statement
with Cohen to, among other things, verify its accuracy, and Sterling Employee-I asked Cohen about
specific line items on the financial statement, including the cash amount, value of medallions, and
total liabilities. Cohen stated to Sterling Etnployee-l, in sum and substance, that the May 2017
Financial Statement was accurate.
l. On or about August 16, 2017, Sterling Employee-I emailed Cohen and
ttaching a non-binding term sheet memorializing the potential transaction between
12 Based on my review of Cohen's financial statements, I know that the precipitous decline in
assets from his 2014 financial statement to his 2017 financial statements can be explained
primarily by reported depreciation in the value of Cohen's real estate assets and medallion
investments.
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Sterling, Melrose, Cohen, an
The term sheet included a cover letter addressed
to Cohen at Subject Premises-I. The palties negotiated the provisions of the term sheet and, on or
about September 5, 2017, Sterling Employee-I sent
executed term sheet. According to the tenn sheet,
from Sterling and Melrose, to be secured by the medallions that
Cohen.
and Cohen a copy of the
would borrow $20,000,000
was to acquire from
m. As part of the agreement, according to the term sheet, $1,265,913 in principal (which
is what would remain after the $20,000,000 payment on the outstanding loan balance) would be
repaid-by-Cohen-and-twtwo-bank*-with Cohempaying fiftypercent and the-banks-dividing th
remaining half of the balance. Based on my review ofan internal Sterling credit memorandum,
dated October 4, 2017, the parties reached a preliminary agreement that Cohen would pay $632,956
of the remaining $1,265,912 principal loan balance, and Sterling and Melrose would absorb
$357,167 and $275,789, respectively, in the form of charge-offs. According to Sterling Employee-
1, Sterling was willing to divide the repayment of the outstanding principal balance—despite its
prior insistence that Cohen make a principal pay-down of at least one million dollars—because
Cohen represented on a telephone call with Sterling Employee-I, in sum and substance, that he had
insufficient liquidity to pay the full outstanding principal balance. As part ofthe agreement, Sterling
and Melrose also agreed to relieve Cohen and his wife of the personal guarantees that they made
on behalf of the LLCs. Thus, after completing the
transaction, Cohen would no longer
have had any outstanding obligations to Sterling or Melrose.
n. Based on my review of emails sent by Sterling employees, I have learned that
because the transaction between the patties was subject to full credit underwriting by Sterling and
Melrose (as well as Melrose's regulators at NCUA), in August and September 2017, Sterling
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required and requested additional financial statements and tax returns for Cohen and
for its credit underwriting process. In response to Sterling's requests, on or about September 25,
2017, Cohen emailed Sterling Employee-2 a copy of his 2016 tax return. The tax return listed
Cohen's mailing address as Subject Premises-I. Additionally, on or about October 5, 2017, Cohen
re-sent Sterling Employee-2 a copy of his May 2017 Financial Statement. A day later, on October
6, 2017, Cohen emailed Sterling Employee-2 a statement of financial condition, dated September
30, 2017 (the "September 2017 Financial Statement").
o. Like the May 2017 Financial Statement, the September 2017 Financial Statement
include&æeoverletterfrom and substancehth
the information in the statement came from Cohen, and that Getzel had not confirmed its accuracy
or completeness. The September 2017 Financial Statement stated that Cohen had total assets of
$33,430,000, total liabilities of $45,630,000, and a negative net worth of $12,200,000.13 Notably,
unlike Cohen's May 2017 Financial Statement, the September 2017 Financial Statement
represented to Sterling that Cohen had a negative net worth. The September 2017 Financial
Statement indicated that Cohen's assets were comprised of in cash, $17,630,000 in
closely held companies (including the taxi medallion entities and his real estate holdings), 14
$3,200,000 in real estate investments, and his $11,000,000 personal residence (which, for the first
13 Based on my review of Cohen's financial statements, I know that this further decline in
assets can be explained primarily by reported depreciation in the value of Cohen's real estate assets
and medallion investments.
14 Notably, the September 2017 Financial Statement valued each of Cohen's thirty-two New
York taxi medallions at approximately $180,187.50, which was considerably less than the
term sheet.
$650,000 valuation ascribed to each medallion in the Cohen-
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time, he indicated was held by The September 2017 Financial Statement included assets
and liabilities not held in Cohen's name, such as various entities associated with his taxi medallions
and some of his real estate investment entities.
p. From myparticipation in an interview with Sterling Employee-2, and my review of
records maintained by Sterling, I have also learned that around the time Cohen provided Sterling
with these financial statements—i.e., in or around September 2017—Cohen stopped paying
monthly loan payments on his taxi medallion loans altogether. According to Sterling Employee-
2, Cohen informed Sterling, in sum and substance, that he had insufficient funds to pay the monthly
principal-and-interest payments-on-his-medallion-loans.-By-in-0E about-Decembep201-7wSter1ing
and Melrose had not been paid approximately $276,937.92 in monthly principal and interest
payments on the medallion loans. Based on Cohen's financial condition as conveyed in the
September 2017 Financial Statement, and his delinquency in making payments to Sterling, among
other things, the bank's credit underwriting committee determined (and memorialized in a
December 2017 memorandum) that the Coher
ransaction was favorable for the bank
— that is, that
would be a better borrower than Cohen.
q. On or about December 26, 2017, Sterling sent Cohen a demand letter requesting
the immediate receipt of past-due loan payments. The demand letter was addressed to Cohen at
Subject Premises-I. On December 29, 2017, Sterling sent Cohen a letter stating that he was in
default under the loans between Sterling and Cohen's medallion corporations. The notice of
default was addressed to Cohen at Subject Premises-I. Cohen did not make an immediate payment
on the loans, but instead sent an e-mail to Sterling Employee-I on or about January 24, 2018,
15 Based on my review of property records maintained by the City of New York, and my
participation in an interview with Getzel, I know that in 2015, Cohen transferred his residence to
a trust. He did not disclose that transaction to Getzel or Sterling until in or about September 2017.
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stating that during the closing of the Cohen-
ransaction, Cohen would ' 'bring all
payments up to date as well as deposit the payoff differential." Cohen also requested by email on
January 24, 2018, that at the closing of the Cohen,
transaction, Sterling provide a letter
stating that all of Cohen's debts have been satisfied and that Cohen's personal guarantees of the
medallion loans had been terminated.
r. The Cohen
29, 2018,
transaction, however, did not close. On or about January
attomey emailed attorneys for Sterling and stated that "at this time
there is no deal with Michael Cohen. Some of the numbers have changed and we are not prepared
to go-forward. 'E
s. Based on my participation in the interview with Sterling Employee-2 and my
review of records maintained by Sterling, I know that after the Cohen,
deal fell apart,
Sterling assigned Cohen's loans to Sterling Employee-3, who specializes in collecting on
defaulting loans. From my participation in an interview with Sterling Employee-3, my review of
telephone call notes taken by Sterling Employee-3, and my review of telephone records, I know
that Sterling Employee-3 spoke several times to Cohen on or about January 30, 2018 about paying
down and/or restructuring Cohen's outstanding taxi medallion loans. On the calls, which in total
lasted more than an hour, Cohen stated in sum and substance that he did not have more than
$1,250,000 to pay toward the medallion loans. On the call, in the course of reviewing the failed
Cohen-
transaction, Sterling Employee-3 questioned Cohen about the price
was to have paid for each medallion, and whether there was a side agreement between
Cohen denied that there was any side agreement with—
Cohen and
t. On or about January 31, 2018, Cohen emailed Sterling Employee-3 and proposed
paying $500,000 to bring the loans current and $750,000 to bring the principal balance to
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$20,500,000. Cohen also suggested revised monthly interest payment amounts. The signature
block on the email indicated that Cohen's address was the address for Subject Premises-2. On or
about January 31, 2018, Sterling Employee-3 responded to Cohen and stated, in sum and
substance, that Cohen would need to pay the entirety of the overdue payments and pay down the
principal balance of the loan to $20,000,000 (in total, a payment of approximately $1,750,000),
and would need to make larger monthly interest payments.
u. On or about February 1, 2018, Cohen emailed Sterling Employee-3 and proposed
"[p]ayment of $1.250m which ALL can be used to pay down principal, if [Sterling] will waive
—past-due-amounts," original.)
Cohen also stated, in sum and substance, that he had insuffcient financial resources to post
additional collateral or pre-fund monthly payments. The signature block on the email indicated
that Cohen's address was the address for Subject Premises-2. Based on my participation in an
interview with Sterling Employee-3, I have learned that since January 30, 2018, Sterling has
continued to renegotiate the medallion loans with Cohen based on Cohen's representations about
his current financial position. In particular, according to Sterling Employee-3, Cohen and Sterling
have an agreement in principal to restructure Cohen's loans based in part of Cohen's agreement to
make a principal payment of approximately $750,000, to make a payment of $500,000 to become
cun•ent on interest payments, and to post $192,000 in cash collateral for his future monthly
payments on the loan. Cohen also agreed to pledge an interest he had in a property. Sterling
Employee-3 has stated that had Cohen indicated he had more than $1,250,000 available to him,
Sterling would have, among other things, negotiated for a larger reduction to the principal amount
of the loan.
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(ii) Cohen Made Material Misrepresentations About His Finances to Banks
Cohen Concealed from Sterling and Melrose Cash Derived from Consulting Work
17. As set forth in detail below, despite multiple written and oral representations by
Cohen to Sterling (and, by extension, Melrose16) that he had insufficient funds to pay down the
principal balance of the medallion loans, make monthly interest payments, or pay past-due
amounts, it appears that between 2016 and the present, Cohen opened and maintained bank
accounts at First Republic Bank ("First Republic"), and then received millions of dollars in
consulting payments in these accounts, which he did not disclose to Sterling. Cohen set up these
imyhichlmenadedisclosures to Sterling
about his personal finances (including his assets and liabilities) and his ability to make payments
on the medallion loans. In these disclosures to Sterling—and despite being asked about these bank
accounts by his accountant—Cohen misled the bank by claiming he had insufflcient liquidity to
satisfr his obligations or meet the bank's demands, while withholding information about these
ongoing revenue streams and liquid financial assets at First Republic.
Specifically, based on my review of documents and bank records produced
18.
pursuant to a subpoena by First Republic, and my participation in and review of reports of
interviews with a First Republic sales manager ("First Republic Employee-I ") and a First Republic
senior managing director ("First Republic Employee-2"), I have learned, among other things, the
following:
16 Based on my review of a report of an interview conducted with an employee of Melrose, I
have learned that, pursuant to the participation agreement between Sterling and Melrose, Cohen's
financial statements and other records in Sterling's possession were forwarded to Melrose so that
Melrose could make a detennination as to whether to approve of the Cohen-
transaction. Based on my review of reports of interviews with Melrose employees, also know
that Cohen called employees at Melrose regarding the Cohen—
ransaction.
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a. Cohen and his wife have been customers of First Republic since approximately
June 2011. Cohen controls several checking and loan accounts at First Republic, some in his own
name and others in the names of corporate entities. According to First Republic's know-your-
customer records on Cohen, 17 his primalY physical address is the address for Subject Premises-I.
b. On or about October 26, 2016, in Manhattan, New York, Cohen opened a new
checking account at First Republic in the name of Essential Consultants LLC (the "Essential
Consultants Account"). Cohen was the only authorized signatory on the account. According to
account opening documents, the primary address for Essential Consultants LLC was the address
orSubject Premises-I-AVhen-Cohen-opened the-Essential-Consultants-Aceount,-First Republi
Employee-I conducted an in-person interview of Cohen. In response to a series of know-your-
customer questions about the purpose of the account—the answers to which First Republic
Employee-I entered into a form18 Cohen stated, in sum and substance, that he was opening
Essential Consultants as a real estate consulting company to collect fees for investment consulting
work, and all of his consulting clients would be domestic individuals based in the United States.
Cohen also stated, in sum and substance, that his purpose in setting up the account was to keep the
revenue from his consulting business—which he said was not his main source ofincome—separate
from his personal finances. As set forth below, there is probable cause to believe that Cohen's
statements about the intended purpose of the account and source of funds for the account were
false. Specifically, as described below, the account was not intended to receive—and does not
17 Certain financial institutions are required to conduct such procedures pursuant to the Bank
Secrecy Act and its implementing regulations. See 31 U.S.C. 5318; 31 C.F.R. 1020.220.
1 8 First Republic Employee-I first filled out the form on the day he interviewed Cohen, October
26, 2016. On or about December 19, 2016, at the request of bank compliance personnel, First
Republic Employee-I updated the form to add more detail about Cohen's statements.
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appear to have received—money in connection with real estate consulting work; in addition, the
account has received substantial payments from foreign sources.
c. I know from my review of First Republic bank records that were scheduled by an
FBI forensic accountant that after Cohen opened the Essential Consultants Account, Cohen
received payments into that account from foreign businesses and entities that do not reflect the
stated client profile for the residential and commercial real-estate consulting services. Specifically,
from my review of the Essential Consultants Account schedule and public sources, I know the
following:
i Beginning-on-or-abouLJanuary
payments of $83,333 into the Essential Consultants Account from an entity called Columbus Nova
LLC. According to public sources, Columbus Nova is an investment management firm controlled
by Renova Group, an industrial holding company based in Zurich, Switzerland that is controlled
by Russian national Viktor Vekselberg. From January 2017 to August 2017, the Essential
Consultants Account received seven payments totaling $583,332.98 from Columbus Nova LLC.
ii. Beginning on or about April 5, 2017, the Essential Consultants Account
began receiving payments from Novaltis Investments, SARL, which I believe to be the in-house
financial subsidiary of the Swiss pharmaceutical company Novartis International AG ("Novafiis").
Between April 2017 and February 2018, the Essential Consultants Account received eleven wire
payments from a Swiss bank account held in the name of Novartis, each in the amount of $99,980,
for a total of $1,099,780.
iii. Beginning in or about April 2017, the Essential Consultants Account started
receiving wire payments from a bank account associated with the telecommunications company
AT&T Inc. ("AT&T'). Specifically, on or about April 14, 2017, AT&T sent $100,000 to the
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Essential Consultants Account and, from in or about June 2017 to in or about January 2018, the
Essential Consultants Account received ten $50,000 payments from AT&T. In total, AT&T sent
$600,000 to the Essential Consultants Account.
iv. On or about May 10, 2017, June 9, 2017, July 10, 2017, and November 27,
2017, the Essential Consultants Account received four deposits in the amount $150,000 (totaling
$600,000) from a bank account in South Korea. The account holder from which the money was
sent is Korea Aerospace Industries Ltd. ("KAI"). KAI is a South Korea-based company that
produces and sells fixed-wing aircraft, helicopter aircraft, and satellites to the United States
v. On or about May 22, 2017, the Essential Consultants Account received a
$150,000 deposit from an account at Kazkommertsbank, a Kazakhstani bank. The listed account
holder at Kazkommertsbank was a second Kazakhstani bank named BTA Bank, AO. A message
accompanying the wire payment indicated that the payment was a "monthly consulting fee as per
Inv BTA-IOI DD May 10, 2017 consulting agreement wm DD 08 05 2017 CNTR W/'NDD
08/05/2017."
vi. In total, from on or about January 31, 2017 toon or about February 1, 2018,
the Essential Consultants Account received approximately $3,033,112.98 in transfers and checks
from the aforementioned entities. As of on or about January 10, 2018, the balance in the Essential
Consultants Account was $1,369,474.23. Cohen's withdrawals from the Essential Consultants
account reveal that it was used for largely personal purposes, including to pay, among other things,
American Express bills and fees from "the Core Club," a private social club in New York.
d. On or about April 4, 2017, Cohen opened another new checking account at First
Republic, this one in the name of Michael D. Cohen & Associates, P.C. (the "MDC&A Account").
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Cohen was the only authorized signatory on the account. According to account opening
documents, the primary address for MDC&A Account was the address for Subject Premises-I.
Among other things, the MDC&A Account received ten wire transfers and one check from an
account in the name of Squire Patton Boggs, a law firm. As noted above, Subject Premises-2 is
located inside the New York office of Squire Patton Boggs. In total, from on or about April 5,
2017, to on or about January 2, 2018, the MDC&A Account received $426,097.70 in deposits, and
the balance in the account as of January 2, 2018, was $344,541.35. As discussed below, Cohen
never disclosed any of the balance in the Essential Consultants or lvDC&A accounts to Sterling
ansactiorvowthe•ubsequent--lo
refinancing negotiations, including in his May 2017 Financial Statement and September 2017
Financial Statement.
19. Based on my review of emails that were seized pursuant to the Cohen Email
Warrants, and my review of reports of interviews with employees of AT&T and Novartis, it
appears that the aforementioned payments to the Essential Consultants Account and IvfDC&A
Account were for political consulting work, including consulting for international clients on issues
pending before the Trump administration. Specifically, from my review ofemails from the Cohen
Gmail Account, the Cohen N4DCPC Account, and public sources, I have learned the following:
a. On or about April 28, 2017, Cohen sent an email to an individual whom I believe
is affiliated with KAI. In the email, Cohen attached a "Consulting Agreement" between KAI and
Essential Consultants dated as of about May 1, 2017. The agreement indicates that Essential
Consultants had the address of Subject Premises-2. The document indicates that Essential
Consultants would render "consulting and advisoryr services, as requested" by KAI, and that KAI
would pay Essential Consultants "a consulting fee of One Million Two Hundred Thousand
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($1,200,000.00) US Dollars," disbursed through eight $150,000 installments between May 2017
and December 2017. I have also reviewed invoices in amounts of $150,000 that Cohen emailed
to an individual whom I believe is affiliated with KAT. At the top of the invoices the address listed
for Essential Consultants is the address for Subject Premises-2.
b. On or about May 8, 2017, Cohen sent an email to an individual whom I believe is
affiliated with BTA Bank. The signature block on Cohen's email listed "Essential Consultants
LLC" and "Michael D. Cohen & Associates, PC" and provided the address for Subject Premises-
2. In the email, Cohen attached a document purporting to be a "Consulting Agreement" between
BTABankand-EssentiaLConsultants dated asofaboutMay
Essential Consultants had the address of Subject Premises-2. The document indicates that
Essential Consultants would render "consulting and advisory services" to BTA Bank, and that
BTA Bank would pay Essential Consultants "a consulting fee of One Million Eight Hundred
Thousand ($1,800,000.00) US Dollars," disbursed through monthly payments of $150,000. On or
about May 10, 2017, Cohen sent an email to an employee ofBTA Bank, and attached to the email
an invoice to BTA Bank in the name ofEssential Consultants, with the address of Subject Premises-
2. The invoice contemplated a $150,000 payment to Essential Consultants for a "monthly
consulting fee."
c. On or about January 23, 2017, Cohen appears to have entered into a consulting
agreement with AT&T, which contemplates that Essential Consultants "shall render consulting and
advisory services to [AT&T]" and that AT&T would "advise [Essential Consultants] ofthose issues
and matters with respect to which AT&T Services desires [Essential Consultants] 's assistance and
advice." The agreement indicates that Essential Consultants had the address of Subject Premises-
I. The contract calls for AT&T 'to pay the Consultant for his services ... a consulting fee of Fifty
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Thousand ($50,000) Dollars ... per month." Based on my review of reports of interviews with
AT&T employees, I have learned that AT&T retained Cohen to consult on political issues,
including net neutrality, the merger between AT&T and Time Warner, and tax reform.
d. On or about March 1, 2017, Cohen appears to have entered into a contract between
Novartis and Essential Consultants, which provides that Essential Consultants will "provide
consulting and advisory services to Novartis on matters that relate to the repeal and replacement of
the Affordable Care Act in the US and any other issues mutually agreeable to [Essential
Consultants] and Novartis." The conü•act provides for a "consulting fee of One Million Two
dollars,"
installments over the course of a year. Based on my review of reports of interviews with Novartis
employees, I have learned that Novartis retained Cohen to provide political consulting services and
to gain access to relevant policymakers in the Trump Administration.
e. In or about February 2017, Cohen began negotiating the terms of a "strategic
alliance" with Squire Patton Boggs. On or about March 4, 2017, Squire Patton Boggs emailed
Cohen a "strategic alliance agreement." Under the terms of the agreement, Cohen agreed to
generate business for the law film, and Squire Patton Boggs agreed to pay to Cohen "an annual
strategic alliance fee of $500,000, payable in twelve (12) equal monthly installments." Squire
Patton Boggs also agreed to provide Cohen with "dedicated and segregated office space in [Squire
Patton Boggs's] New York and Washington D.C. offces, which office space shall be physically
separate from [Squire Patton Boggs's] offices and have locked doors and its own locked file
cabinets." On or about April 3, 2017, Squire Patton Boggs announced on its website that is had
formed a "strategic alliance" with Michael D. Cohen & Associates and would "jointly represent
clients."
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20. Despite the significant amount of money that Cohen received into the Essential
Consultants Account and the MDC&A Account, and the cash balance in both accounts, Cohen did
not disclose that information to Sterling or Melrose. Specifically, based on my review ofdocuments
provided by Getzel (as noted above, Cohen's accountant at the time), my participation in an
interview with Getzel, and my review of notes and
have leamed the following:
1
a. In or about May 2017, Getzel met with Cohen at Subject Premises-2. At the
meeting, Cohen told Getzel, in sum and substance, that he had set up a law practice called Michael
and aconsulting-compamy-calle&EssentialConsultants LLCÆohen_
told Getzel, in sum and substance, that he expected to earn $75,000 per month in connection with
his law practice, and that he expected gross revenues for the consulting business to be between five
and six million dollars annually.
b. In or about October 2017, if not earlier, Getzel was preparing a personal financial
statement for Cohen. On or about October 6, 2017, Getzel sent an email to Cohen in which Getzel
wrote that "[alttached is a draft of the new PFS as of September 30, 2017" and attached a draft of
the September 2017 Financial Statement. The draft statement reflected that as of September 30,
2017, Cohen had only $1,250,000 in cash, total assets ofapproximately $33,430,000 (comprised of
taxi medallion interests, real estate interests, and his personal residence and property), and liabilities
ofapproximately $45,630,000, leaving him purportedly over $12 million in debt. In the same email,
Gebel questioned Cohen, in sum and substance, about the fact that the financial statement did not
list any value associated with either the Essential Consultants Account or the MDC&A Account:
"[w]e did not add any value for you[rl two operating entities — Michael D. Cohen & Associates
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POC [sic] and Essential Consultants LLC. Please advise whether or not these should be disclosed
and what value."
c. On or about October 6, 2017, Cohen called Getzel by telephone—which is reflected
on toll records for Cohen's cellphone—and told Getzel, in sum and substance, not to include
Essential Consultants or MDC&A in the September 2017 Financial Statement because they had no
value. On or about October 6, 2017, following the call with Getzel, Cohen, using the Cohen
Account, responded to Getzel's email with the answer "[l]ooks good to me." Cohen never directed
Getzel to make any changes to his cash position as listed in the September 2017 Financial
- Statement—ln-a-l etter-d addressed-to-Getzel,-Cohen-
the attached statement of financial condition and find it to be correct and consistent with the
representations that I made to your film. The attached is an accurate reflection of my assets,
liabilities and net worth (deficit) as of September 30, 2017." Attached to that letter was the
September 2017 Financial Statement, which, as noted above, was then transmitted to Sterling in
connection with the proposed taxi medallion transaction between Sterling, Cohen, and
21. Based on my review of a report of an interview with Sterling Employee-I, I have
learned that Cohen did not disclose his income stream from Essential Consultants to Sterling
Employee-I or, to his knowledge, anyone else at Sterling. According to Sterling Employee-I,
knowledge of such an income stream would have affected Sterling's demands during the
negotiations, particularly with respect to the amount of a principal paydown of Cohen's debt.
Cohen Understated His Available Cash
22. In addition to withholding the existence of his Essential Consultants income from
Sterling and Melrose, it appears that Cohen also substantially understated his available cash and
cash equivalents in his financial disclosures. Specifically, I know from my review of the September
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2017 Financial Statement that Cohen provided to Sterling that Cohen represented that he had
$1,250,000 in cash as of September 30, 2017. I also know that on or about January 30, 2018, in a
telephone call with Sterling Employee-3, and on February 1, 2018, in an email to Sterling
Employee-3, Cohen represented that he did not have more than $1,250,000 in cash. But, from my
review of a summary ofbank records that were scheduled by forensic accountants, I have learned
that Cohen had approximately $5,000,000 in cash and cash equivalents as of September 30, 2017.
Additionally, as of February 1, 2018, Cohen had approximately $6,000,000 in cash and cash
equivalents. Specifically, from my review ofthe account schedule and bank records, I have learned
the following.
a. Cohen has three checking and/or savings accounts at Capital One Bank, one of
which is in his wife's name. As of September 30, 2017, Cohen had $1,105,680.35 in his savings
account, and $1,262,982.29 in total in the three accounts at Capital One Bank. As of February 1,
2018, Cohen had a total of $1,389,245.78 in these accounts.
b. Cohen has three accounts at Morgan Stanley in his name. As of September 30,
2017, the combined total in cash and cash equivalents in those tlu•ee accounts was $1,270,600.41.
As of February I, 2018, Cohen had $1,284.996.13 in these accounts.
c. As ofSeptember 30, 2017, Cohen had $260,689.18 inan accountat SignatureBank.
As of February 1, 2018, Cohen had $261,517.55 in this account.
d. In addition to the Essential Consultants Account and MDC&A Account at First
Republic, Cohen also had two joint checking accounts with Laura Cohen at First Republic. In total,
as of September 30, 2017, Cohen had at least $1,876,209.27 in total in his four accounts at First
Republic. As of February 1, 2018, Cohen had $3,332,992.95 in these accounts.
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e. Cohen has an account at Bethpage Credit Union with $25,931.39 in it as of
September 30, 2017.
f. As of September 30, 2017, Cohen had $17,542.54 in accounts at Sterling.
g. Cohen has two accounts at TD Bank—one in his name and one held jointly with his
wife. Cohen also has a safety deposit box at TD Bank—Subject Premises-3. The safety deposit
box was opened on December 13, 2017 in the names of Michael and Laura Cohen.
h. In total, as of September 30, 2017, Cohen had at least $4,713,935.08 in his accounts
at Capital One Bank, City National Bank, Signature Bank, Sterling Bank, Bethpage Credit Union,
accounts at Capital One Bank, City National Bank, Signature Bank, First Republic, and Morgan
Stanley. 19
23. Accordingly, based on the foregoing, it appears that Cohen's written and oral
representations to Sterling and Melrose that he did not have more than $ were false, and
that Cohen withheld information regarding approximately $5 million in fiands from Sterling and
Melrose in order to secure favorable terms in his renegotiation of his medallion loan. Based on
my participation in an interview with Sterling Employee-2, and Iny review ofreports of interviews
with Sterling Employee-I and two Melrose employees, it is my understanding that that Sterling
and Melrose would view Cohen's understating of his assets as material to its decision whether to
renegotiate Cohen's medallion loans and on what terms, or to its decision whether approve of the
transfer of those loans to
19 Based on my review of the account schedules described above, I know that, as of the date of this
affidavit, the account balances for TD Bank have not yet been included in the schedule for either
date and the account balances for Sterling National Bank and Bethpage Credit Union have not yet
been included in the schedule for February 1, 2018. Thus, to the extent that these accounts have
positive balances, Cohen' s total balances in fact were even higher on these dates.
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Cohen Has Unreported Interest Income
It appears that Cohen also hid from Sterling interest income that he was receiving in
connection with a six million dollar loan he made to another individual. Specifically, I know from
my review of the May 2017 Financial Statement and September 2017 Financial Statement that
Cohen provided to Sterling that Cohen did not disclose that he had made a note receivable in the
amount of approximately $6 million, or that he was earning approximately $60,000 per month in
interest income in connection with that loan. But, from my review ofa summary of bank records
that were reviewed by another law enforcement agent, my review of property records and
documents-obtained-pursuantto-thewCohen-EmaiLWarrants, an&myparticipation_in_amintervie
with Getzel, I have learned the following:
a. Based on my review of propelty records, I have learned that on or about March 12,
appr0Ximate1y
2012, Cohen agreed to lend
$2,000,000.20 It appears that the promissory note was unsecured by any real property. On or about
April 28, 2014, Cohen and
amended the promissory note, and restructured the loan to
increase the principal amount to approximately $5,000,000. Under the terms of the amended
promissory note, the loan was secured
or about April 8, 2015, Cohen at
amount to $6,000,000.21
apartment in Sunny Isles Beach, Florida. On
restated the promissory note to increase the principal
b. Based on my review ofa copy ofthe restated note, which was obtained pursuant to
the Cohen Email Warrants, I have learned that under the terms of the amended and restated
20 | learned from Getzel thal
21 The note states that the loan is to
jointly and severally. For ease of reference, I refer simply to
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promissory note, Cohen's loan to—
is an interest-only loan, and that the principal balance
of the loan bears interest at an annual rate of 12.25 percent. I also know that the amended and
restated promissory note includes a schedule of payments that requirc
to pay Cohen
approximately $61,250 per month beginning in April 2015 and ending in April 2019. The note also
requires tha
repay the principal balance of $6,000,000 on April 28, 2019.
c. Based on my review of bank records, I have learned that, consistent with the terms
of the amended and restated promissory note,
has made monthly payments of
approximately $61,250 since April 2015. Specifically, based on my review of records maintained
from an entity called
totaling $61,250 per month, which he
deposited into his personal bank account at Capital One Bank.22 It appears from my review ofbank
records and public sources tha
is the owner of
From my review ofrecords maintained by Capital One Bank, I have also learned that since October
totaling
2015, Cohen has received checks from an entity called
$61,250 per month, which he deposited into his personal bank account at Capital One Bank. It
is also the owner of
appears from my review of bank records and public sources that
In total, it appears that Cohen receives approximately $735,000 per year
in interest payments from
d. Based on my review of Cohen's May 2017 and September 2017 Financial
Statements, my review 6fhis 2015 and 2016 tax returns obtained via subpoena and from the Cohen
Email Warrants, and my participation in an interview with Getzel, I have learned that Cohen did
22 In April 2015, Cohen received a pro-rated payment. For all months thereafter, the total payment
equaled $61,250,
iften made the payment in multiple checks.
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not disclose this interest income he was receiving from
JO Sterling or Melrose, or list it
on his tax returns. I have also learned that while this interest income is taxable, Cohen did not tell
Getzel—his accountant—about the income, and Getzel only learned about the income because he
began doing
:axes in 2017.23
25. Accordingly, based on the foregoing, it appears that Cohen's representations to
Sterling and Melrose that he did not have more than $1,250,000 were false, and that Cohen
withheld information relating to the interest income he is receiving from
order to
secure favorable terms in his renegotiation of his medallion loan.
Cohen-Had-a-Side-Agreement-With
26. As set forth in detail below, during the course of Cohen's negotiations to sell his
interest in taxi medallions and the associated debt to
Cohen not only
misrepresented his financial position to Sterling, but also failed to disclose a side agreement he
had negotiated with
: it appears that
lgreed to pay an above-market price
for Cohen's taxi cab medallions, and in exchange, Cohen agreed to pay
approximately
$3.8 million in cash. Specifically, from my review ofdocuments produced pursuant to a subpoena
by Sterling, and my participation in interviews with Sterling Employee-I, Sterling Employee-2,
and Sterling Employee-3, I have learned, among other things, the following:
a. On or about September 5, 2017, an executed term sheet was circulated by Sterling
Employee-I to Cohen and
The term sheet listed Cohen's address as the address for
Subject Premises-I. According to the term sheet,
from Sterling and Melrose, to be secured by the medallions that
would borrow
vas to acquire from
23 Accordingly, this interest income—which should have been reported as such on Cohen's tax
returns—is included herein in calculations of Cohen's true cash position.
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Cohen. At a price of $20 million for thirty-two taxi medallions, the proposed transaction valued
each medallion as wotth $625,000. The term sheet also contemplated a $1,265,913 pay-down of
the principal balance ofthe loan. The term sheet made no mention of a $3.8 million payment from
Cohen to
or any other form of payment or financial transaction between the parties.
b. Additionally, an internal Sterling credit memorandum, dated October 4, 2017,
describing the terms of the Cohen4
transaction and the new loan to
id
—including a $3.8 million payment. The
not mention any payments from Cohen to
memorandum also noted that the "loan amount of $20MM indicates a $625M purchase price per
Indeed,
according to an internal Sterling memorandum dated February 5, 2018, in the month of January
2018, taxi medallions sold for amounts ranging from $120,000 to $372,000. According to Sterling
Employee-I and Sterling Employee-2, they were never told that
agreed to a purchase
price of $625,000 in exchange for a lump sum payment from Cohen, or that Cohen would make
any payment to
c. On or about January 30, 2018, Sterling Employee-3 asked Cohen whether Cohen
pay
sum of money for entering into the
had a side agreement wit}
medallion transaction. Sterling Employee-3 asked Cohen about such an an-angement because,
paying for each medallion
according to Sterling Employee-3, the price that
appeared to be well above the market price. Cohen stated, in sum and substance, that he had no
side agreement—and never had a side agreement—with
27. While Cohen anc
did not disclose any payment from Cohen to
n communications with Sterling, it appears that such a payment was contemplated.
Indeed, based on my review ofrecords maintained by Getzel, and my participation in an interview
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with Getzel, I have learned the following, in substance and in part, regarding the proposed side
payment from Cohen to
a. On or about September 19, 2017, Getzel prepared a memorandum for Cohen
entitled, "Sale of NYC Medallion Entities and Debt Assumption" (the "Getzel Memorandum").
The Getzel Memorandum summarized the proposed transaction between Cohen and
in part, as follows: 'Michael and Laura Cohen will transfer ownership oftheir 13 NYC medallion
entities to a Buyer who will assume their bank indebtedness, upon the [Cohens'] paying down the
debt portfolio of the 13 entities by $500,000 and a cash payment to the Buyer of
the
payment of $3,800,000 to
to p,
but Getzel did not know where Cohen was going to obtain
As noted above, Cohen had more than $5,000,000 in cash and
cash equivalents as of September 2017, but had only disclosed in his September 2017 Financial
Statement that he had $1.25 million in cash.
28. Based on my review ofrecords maintained by Sterling (as well as Melrose, the bank
with the participating interest in the loans) and reports of interviews of representatives of Sterling
(and Melrose), I have seen no evidence that Sterling, Melrose, or any other financial institution
involved in the potential deal with Cohen and
side payment from Cohen to
vas aware of the planned $3.8 million
The Illegal Campaign Contribution Scheme
29. The USAO and FBI are also investigating a criminal violation ofcampaign finance
laws by Michael Cohen. As set forth below, there is probable cause to believe that Cohen made
24 The reference to thirteen medallions appears to be an error by Getzel. Cohen and his wife
together owned sixteen corporations, which in turn owned 32 taxi medallions.
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an excessive in-kind contribution to the presidential election campaign of then-candidate Donald
Trump in the form ofa $130,000 payment to Stephanie Clifford, an individual who was rumored
to have had an extramarital affair with Trump, in exchange for her agreement not to disclose that
alleged affair. As set forth below, there is probable cause to believe that this payment was intended
to keep Clifford from making public statements about the rumored affair on the eve of the 2016
presidential election, and thus constitutes a campaign contribution in excess of the applicable limit.
30. From my review of public sources, I have learned the following:
a. In or around October 2011, there were rumors published on the gossip websites
TheDirty.com that-Trump had-had-an extramarital-affair-with Clifford"ln-adult-film-actress whos
screen name is Stormy Daniels, in or around July 2006. In or about October 2011, Life & Style
Magazine, a tabloid sold in supermarkets, also published an article, based on the report in
TheDirty.com, alleging an affair had occurred between Trump and Clifford. Both Trump and
Clifford, through their representatives, issued denials in response to the articles.
b. Specifically, on or about October 11, 2011, Keith Davidson, who identified himself
as Clifford's attorney, sent a cease and desist letter to TheDirty.com, demanding that the article
regarding Trump and Clifford be removed from the website. Additionally, on or about October
12, 2011, Cohen, who was then Executive Vice-President and Special Counsel to the Tlump
Organization, stated to E! News that "[t]he totally untrue and ridiculous story ... emanated from
a sleazy and disgusting website.... The Trump Organization and Donald J. Trump will be bringing
a lawsuit ... [and] Mr. Trump and the Trump Organization would like to thank and commend
Stormy Daniels and her attomeys for their honesty and swift actions."
31. On or about June 16, 2015, Trump formally launched his 2016 presidential
campaign. On or about May 4,-2016, Trump became the presumptive Republican Party nominee
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for president, and on July 19, 2016, Trump officially became the nominee. Based on my review
of public sources, I have learned that while it does not appear that Cohen had an official title as
part of the Trump campaign, on multiple occasions Cohen made public statements on behalf of
Trump or his campaign. For instance, on or about August 18, 2016, Cohen appeared on CNN to
defend Trump's polling numbers.
32. On or about October 7, 2016, The Washington Post published online a video and
accompanying audio in which Trump referred to women in what the article described as "vulgar
terms" in a 2005 conversation with Billy Bush, who was then the host of Access Hollywood. ume
foll owing- days on- October 85-2016s-Trump- appeared
things, "I've said and done things I regret and words released today on this more than a decade old
video are one of them. Anyone who knows me knows these words don't reflect who I am. I said
it. I was wrong and I apologize." Based on my review of public sources, I also know that
representatives of the Trump Campaign stated, in sum and substance, that the Access Hollywood
comment was an old and isolated incident.
33. Based on my review of public sources, including an article published in Slate
magazine by a reporter who interviewed Clifford, I have leamed that around this same time, in or
about October 2016, Clifford was in discussions with ABC's Good Morning America show and
Slate magazine, among other media sources, to provide these media outlets with her statement
about her alleged relationship with Trump. According to the article in Slate, which the author
based on conversations with Clifford over the telephone and by text message, Clifford wanted to
be paid for her story or be paid by Trump not to disclose her accusation. As Cohen summarized
in a 2018 email obtained pursuant to the Cohen Email Warrants: "In October 2016, I was contacted
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by counsel for Ms. Clifford stating that news outlets, including ABC News, were pursuing the 2011
story of an alleged affair between Mr. Trump and Ms. Clifford."
34. From my review of telephone toll records25 and information produced pursuant to
the iCloud Warrant and Cohen Email Warrants, I have learned that in the days following the Access
Hollywood video, Cohen exchanged a series of calls, text messages, and emails with Keith
Davidson, who was then Clifford's attorney, David Pecker and Dylan Howard of American Media,
Inc. ("AMI"), the publisher of the National Enquirer,26 Trump, and Hope Hicks, who was then
press secretary for Trump's presidential campaign. Based on the timing of these calls, and the
content-ortheftext-messages-and-emails,-Lbelieve-thatÄAeast some_of_these_communications_
concerned the need to prevent Clifford from going public, particularly in the wake of the Access
Hollywood story. In particular, I have learned the following:
a. On October 8, 2016, at approximately 7:20 p.m., Cohen received a call from Hicks.
27
Sixteen seconds into the call, Trump joined the call, and the call continued for over four minutes.
Based on the toll records that the USAO has obtained to date, I believe that this was the first call
25 My attribution of certain telephone numbers to certain individuals as described in this
affidavit is based on my review of the vCard (virtual contact file) and text messages obtained from
Cohen's telephone pursuant to the iCloud Warrant.
26 Pecker is President of AMI and, according to his own statements in public reports, a personal
friend of Trump. Howard is the chief content officer of AMI, who according to public records
reports directly to Pecker.
27 | believe that Trump joined the call between Cohen and Hicks based on my review of toll
records. Specifically, I know that a call was initiated between Cohen's telephone number and
Trump' s telephone number at the same time the records indicate that Cohen was talking to Hicks.
After the Cohen-Trump call was initiated, it lasted the same period of time as the Cohen-Hicks
call. Additionally, the toll records indicate a "-1" and then Trump's telephone number, which,
based on my training and experience, means that the call was either transferred to Trump, or that
Trump was added to the call as a conference or three-way call participant. In addition, based on
my conversations with an FBI agent who has interviewed Hicks, I have learned that Hicks stated,
in substance, that to the best of her recollection, she did not learn about the allegations made by
Clifford until early November 2016. Hicks was not specifically asked about this three-way call.
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Cohen had received or made to Hicks in at least multiple weeks, and that Cohen and Trump spoke
about once a month prior to this date — specifically, prior to this call on October 8, 2016, Cohen
and Trump had spoken once in May, once in June, once in July, zero times in August, and twice
in September.
b. Approximately ten minutes after the call ended, Hicks and Cohen spoke again for
about two minutes.
c. At 7:39 p.m., immediately after the second call with Hicks ended, Cohen called
David Pecker (as noted above, the President of American Media Inc., or Alvll) and they connected
for
for more than a minute. Three minutes after ending his call with Pecker, Cohen received a call
from Dylan Howard (as noted above, the Chief Content Officer of AN'II), and they spoke for
approximately a minute. According to toll records, it does not appear that Cohen and Howard
spoke regularly prior to October 8, 2016, as it had been over a month since they had called each
other.
d. At 7:56 p.m., approximately eight minutes after his call with Howard ended, Cohen
called Hicks and they connected for two minutes. At approximately the same time this call ended,
Cohen received a call from Pecker, and they spoke for about two minutes. At 8:03 p.m., about
three minutes after ending his call with Pecker, Cohen called Trump, and they spoke for nearly
eight minutes.
e. At 8:39 p.m. and 8:57 p.m., Cohen received calls from Howard and spoke to him
for about four and six minutes, respectively. At 9:13 p.m., about ten minutes after Cohen and
Howard hung up from the second of these calls, Howard sent Cohen a text message that said:
"Keith will do it. Let's reconvene tomorrow." Based on my involvement in this investigation, I
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