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math democrat

@mathdemocrat.bsky.social

3.4K followers 1.4K following 20K posts

Progressive democrat. Proud supporter of the Democratic Party and President Biden & Vice President Kamala Harris. I love 😺 cats very much! Academic background/ degrees are in mathematics (ie proof/theory). Math=Logic. Longtime Daily Kos poster.

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math democrat @mathdemocrat.bsky.social · May 17

People keep trying to push me to ignore this. Even though I understand why others disagree with me and I respect their opinion and the arguments they can make, I think this is self-destructive and wrong.

math democrat @mathdemocrat.bsky.social · 1h

other property owned by or under the custody of such an institution by means of false or fraudulent pretenses, representations, or promises.

math democrat @mathdemocrat.bsky.social · 1h

* Bank Fraud (18 U.S.C. § 1344): This statute criminalizes schemes or artifices intended to defraud a federally insured financial institution, or schemes to obtain the money, funds, credits, or

math democrat @mathdemocrat.bsky.social · 2h

A. Elements of Federal Criminal Mortgage Fraud
The prosecution is pursuing charges primarily under two critical federal statutes:

math democrat @mathdemocrat.bsky.social · 2h

Specifically, the indictment alleges that James misrepresented the property’s occupancy status to secure favorable loan terms.

math democrat @mathdemocrat.bsky.social · 2h

I. Analysis of the Indictment and Statutory Framework
The foundation of the federal case against Ms. James rests on allegations concerning the procurement of a mortgage for a property in Norfolk, Virginia, in 2020.

math democrat @mathdemocrat.bsky.social · 2h

Pre-Trial Dismissal (Judicial) | Highest Probability | Successful motion alleging Vindictive Prosecution or failure to meet the mens rea standard as a matter of law. |

math democrat @mathdemocrat.bsky.social · 2h

Conviction at Trial | Low (Below 20%) | Failure to prove willful intent and materiality beyond a reasonable doubt. |
| Acquittal at Trial | High | Strong defense on factual elements, amplified by political context causing potential jury skepticism (nullification risk). |
|

math democrat @mathdemocrat.bsky.social · 2h

The likely disposition of this case involves a judicial intervention favoring the defense.
High-Level Probability Assessment
| Outcome | Probability Assessment | Primary Rationale |
|---|---|---|
|

math democrat @mathdemocrat.bsky.social · 2h

Based on a comprehensive review of the statutory requirements and the available facts, the probability of the prosecution securing a conviction following a full trial is assessed as remarkably low.

math democrat @mathdemocrat.bsky.social · 2h

and the installation of a replacement U.S. Attorney who quickly secured the indictment—furnishes a powerful, colorable defense of Vindictive Prosecution.

math democrat @mathdemocrat.bsky.social · 2h

The political backdrop—involving public calls for retribution by a former President, the subsequent removal of career prosecutors,

math democrat @mathdemocrat.bsky.social · 2h

Furthermore, the negligible alleged financial gain ($18,933) compromises the element of materiality, suggesting the prosecution is disproportionate to the alleged offense.

math democrat @mathdemocrat.bsky.social · 2h

New facts revealing rent-free occupancy by a family member and the payment of upkeep costs by Ms. James fundamentally undermine the government’s core theory that the property was acquired as a profit-driven rental investment.

math democrat @mathdemocrat.bsky.social · 2h

The federal prosecution of NY AG Letitia James on charges of bank fraud (18 U.S.C. § 1344) and making false statements (18 U.S.C. § 1014) faces fundamental challenges across the elements of mens rea (criminal intent), materiality, and the constitutional legitimacy of the initiation process.

math democrat @mathdemocrat.bsky.social · 2h

Confidential Risk Assessment Memorandum: Analysis of the United States v. James Prosecution
Executive Summary: Strategic Assessment and Risk Forecast

math democrat @mathdemocrat.bsky.social · 5h

I would have cited the source, but if Blu Sky is going to be absurd, then I am not going to bother. If you want people to cite, then don't make the post disappear if you go to get the link along with the rest of the story. Why do that? Easier for me to not bother.

math democrat @mathdemocrat.bsky.social · 5h

. “After a year, people’s circumstances change,” said Clifford Rossi, a University of Maryland finance professor who once oversaw risk management for Citi’s consumer lending practice.

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math democrat @mathdemocrat.bsky.social · 5h

Beginning 12 months after the deed was signed, Ms. James had wider latitude to use the property as she wished, according to the document and the experts.

math democrat @mathdemocrat.bsky.social · 5h

That is where Ms. James’s regular visits to the property to see her grandniece and other family, including Ms. Thompson’s mother, who also lives in a Norfolk home Ms. James owns, may be useful to the attorney general’s defense team.

math democrat @mathdemocrat.bsky.social · 5h

Ms. Thompson’s testimony that she has lived in the house rent-free — Ms. James pays even for basic upkeep, the people said — could make it difficult for prosecutors to convince a jury that the house was meant to be used as a rental investment property.

math democrat @mathdemocrat.bsky.social · 5h

But in June, Ms. Thompson testified to a grand jury in Norfolk that she had lived in the house for years and that she did not pay rent, a person familiar with her testimony said.

math democrat @mathdemocrat.bsky.social · 5h

Mr. Siebert had cast doubt on the case, as had career prosecutors in the office.

That sequence of events has prompted outrage from Democrats and even some Republicans, as has the paltry amount Ms. James is accused of having stood to gain — $18,933

math democrat @mathdemocrat.bsky.social · 5h

For years, he has railed against her on social media, calling her a “crook” and “corrupt.” Last month, he also appointed Ms. Halligan, once one of his personal lawyers, to replace Erik S. Siebert, the previous U.S. attorney in Eastern Virginia.

math democrat @mathdemocrat.bsky.social · 5h

She was not asked to testify again, and the grand jury that voted to indict Ms. James was not seated in Norfolk, but in Alexandria.

The specter of Mr. Trump’s revenge campaign has so far overshadowed the facts of the case, given how he has pushed for Ms. James’s punishment.

math democrat @mathdemocrat.bsky.social · 5h

"But in June, Ms. Thompson testified to a grand jury in Norfolk that she had lived in the house for years and that she did not pay rent, a person familiar with her testimony said.