Like the payments of Ferguson. Like the payments of Kado.
Over the period, Ferguson took $2.3 million out of his business accounts. Defense says we didn't make a direct correlation from when Ferguson made withdrawals and deposits into Kwame's account. You saw the cash in his safe's he didn't have to go to bank.
Saw checks with truck parts. Problem is that they don't always mean what they say. Checks that were under $10,000 that were given to Golden Sun jeweler.
They were in a partnership together. Kwame went out of his way to steer contracts to Ferguson.
Coded communications about meeting. Marc Andre Cunningham said when Kwame learned that he was being tapped, they had outdoor conversation with hands over their mouth.
Kwame had hundreds of thousands flowing through his account that didn't come from a legitimate source.
Defense suggests that all that cash from Ferguson came at the end because he was chased out of banks. He was taking money out the entire money Kwame was mayor.
Ferguson sharing spoils of scheme when Mahlon Clift took $90,000 to give to them.
Want to talk about legal standards. In deliberations, you will get indictment. It provides a structure. Will also get a glossary that correlates. Use them together to look at exhibits in orderly manner.
The only chapter I want to talk about is the racketeering conspiracy, count 1. Must find that one of the members would commit at least 2 of the listed crimes:
Federal Offenses- extortion/bribery, mail fraud, wire fraud, obstruction of justice state offenses: extortion and bribery.
Take any 2 of these offenses shown here.
Showing pictures of people involved in Kilpatrick Civic Fund- for mail fraud.
Picture of 3 sisters for obstruction of justice charge.
Collage of 18 different witnesses.
Defense said that Kwame only misspent $13,000 of Civic Fund expenses. You have heard in this case of more than $200,000 misspent. $200,000 given to family and friends. Chart doesn't include $150,000 for political campaign. Chart doesn't include total of $550,000 misspent.
Recall testimony of April Edgar who signed Civic Fund. She said she was told by Mayor Kilpatrick and nobody else. That last meeting was called by the mayor.
Take a look at the IRS application. Kwame signed himself to get tax exempt status from IRS. When you dissolve nonprofit, it is supposed to go to another non profit.
Don't forget what the donors told you. they were asked hypothetically if they would have given if they knew it was used for summer camp and massages. they al said no. that is fraud.
Defense said that Kwame gave back $13,000. First of all, if they truly wanted to pay back the fund, it was more than $500,000. Look at timing of payback, it only came back after grand jury subpoena of fund uses. Only after the subpoena, after almost a decade of using funds, that he paid back only a sliver of what was owed.
I want to talk about Bernard. Shea talked about Rosendall's credibility. You can't trust him because he was stringing along Bernard and lying to his bosses at Syngaro. I can tell you Rosendall was in a bind because Bernard was in a dispute with Rayford Jackson and Rosendall got caught in the middle. Bernard said he would blow up the billion dollar deal. Defense says it was a legitimate debt. If it was a legitimate debt, why didn't he go to court? Because courts don't enforce acts of extortion.
Shea talks about checks supposedly for consulting work. Those weren't corporate, they came from Rosendall's personal account. One memo line for check reads loan.
Bernard didn't have issues taking money from people. Bernard didn't take cash in a restaurant. Bernard said that there were only 3 peopple in the city willing to go under the bus for him. 2 of them are sitting right there as Chutkow points to defense table.
Keep in mind that Kwame lost special administrative power in 2006. Not to say mayor didn't have power. He was still Victor's boss.
Shea asked why Rosendall was lying to his bosses. Couldn't come clean because he was engaged in activity with Bernard. We don't excuse conduct for Rosendall but he paid price and went to jail.