AFP Contributor AFP
Gates has agreed to work with the special counsel. He recommended a jail sentence that would allow van der Zwaan to return to his home in the United Kingdom in time for his wife - the daughter of a prominent Russian oligarch - to give birth in August 2018.
Gates also sent van der Zwaan a preliminary criminal complaint in Ukraine, according to prosecutors. "He thereafter deliberately and repeatedly lied".
He will be the first defendant in Mueller's probe to face sentencing, on April 3. He is set to become the first person sentenced in the special counsel investigation.
Alex van der Zwaan, a Dutch lawyer who worked in London for NY law firm Skadden, Arps, Slate, Meagher & Flom, pleaded guilty last month to lying to special counsel Robert Mueller's team about his contacts with Gates shortly before the presidential election.
Anxious about the lies he told, Van Der Zwaan says he returned to the United States Nov. 16 to correct the record with Mueller's team.
"Although Alex committed a serious offense, just punishment does not require incarceration", the filing states.
But since Dowd's resignation, Trump has hard a hard time finding lawyers to replace him, and when asked about the situation, Dowd chose to bow out of the discussion. At the time, Manafort and Gates were coordinating an extensive lobbying campaign in the U.S.to benefit then-Ukrainian President Viktor Yanukovych, a rival to Tymoshenko, according to prosecutors.
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It accuses van der Zwaan of lying about "his communications with Gates, his communications with a Ukrainian business associate of Manafort and Gates (Person A), and his failure to produce an email between himself and the Ukrainian business associate-all important matters in the investigation". Prosecutors and van der Zwaan's lawyers had estimated that he faced a sentencing range between zero to six months in jail, as well as a fine ranging from $500 to $9,500, according to court papers. He has since pleaded guilty to lying to investigators to avoid trial over charges similar to those against Manafort. He helped produce a report that Skadden wrote in 2012 that largely defended the prosecution and conviction of the country's former prime minister, Yulia Tymoshenko.
Mueller's office did not make a judgment on what van der Zwaan's sentence should be, but pointed out his experience as a longtime lawyer and the fact that he lied to them after Gates and former Trump campaign chairman Paul Manafort were indicted in the Russian Federation probe.
Van Der Zwaan says he never told anyone, including a Skadden senior partner he recorded, about the recordings.
Working for the worldwide law firm Skadden, Arps, Slate, Meagher & Flom, van der Zwaan assisted Gates on a report about the trial of Ukraine's former Prime Minister Yulia Tymoshenko for a Ukrainian political group.
The case is U.S. v. van der Zwaan, 18-cr-00031, U.S. District Court, District of Columbia (Washington). All this, while his lawyer was in the interview room with him. "His days are empty and lonely", van der Zwaan's filing later states.
The firm ultimately fired him. This individual is also described as being "pertinent to the investigation".
Documents filed Tuesday by Mueller, however, say that Gates had continued contact with a former Russian intelligence officer during the 2016 campaign, and that Gates acknowledged he knew that the person used to work for the GRU military intelligence agency. A person with knowledge of the matter identified Person A as Konstantin V. Kilimnik, who for years was Manafort's right-hand man in Ukraine.
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