Trump Lawyer’s Payment to Porn Star Was Reported as Suspicious by Bank
First Republic alerted Treasury Department about Michael Cohen’s $130,000 wire transfer to former adult-film actress Stormy Daniels
Michael Rothfeld
Updated March 5, 2018 1:17 p.m. ET
Michael Cohen said he missed two deadlines to make a $130,000 payment to Stormy Daniels because he couldn’t reach Donald Trump in the final days of the presidential campaign, according to a person familiar with the matter.
Photo: Richard Drew/Associated Press
The bank used by President Donald Trump’s personal lawyer to wire $130,000 to a former adult-film actress flagged the transaction as suspicious and reported it to the Treasury Department, according to a person familiar with the matter.
The lawyer, Michael Cohen, wired the money to a lawyer for former actress Stephanie Clifford, known professionally as Stormy Daniels, from an account at
First Republic Bank . The money was received on Oct. 27, 2016, 12 days before the presidential election, another person familiar with the matter said.
It isn’t clear when First Republic reported it to the government as suspicious.
Mr. Cohen said he missed two deadlines earlier that month to make the $130,000 payment to Ms. Clifford because he couldn’t reach Mr. Trump in the hectic final days of the presidential campaign, the person said.
Ms. Clifford was owed the money
in return for signing an agreement that bars her from discussing an alleged sexual encounter with Mr. Trump in 2006, people familiar the matter said.
After Mr. Trump’s victory, Mr. Cohen complained to friends that he had yet to be reimbursed for the payment to Ms. Clifford, the people said.
First Republic and the Treasury Department declined to comment. Asked for comment, Mr. Cohen offered a two-word emailed statement: “Fake News.”
Mr. Cohen had said last month that he had “facilitated” the payment using his own funds, that the deal was a private transaction and that it didn’t violate any laws. He said he wasn’t reimbursed by the Trump campaign or the Trump Organization, his former employer, but declined to answer questions about whether he was reimbursed by Mr. Trump or anyone else.
The White House didn’t respond to a request for comment. Mr. Cohen and White House representatives repeatedly have denied any relationship between Mr. Trump and Ms. Clifford.
Ms. Clifford has said privately and in a 2011 interview with a celebrity magazine that she had a sexual encounter with Mr. Trump after meeting him at a celebrity golf tournament in Lake Tahoe, The Wall Street Journal previously reported.
A spokesman for Ms. Clifford’s lawyer, Keith Davidson, said, “Attorney Davidson can not discuss private client matters.”
The reporting of the transaction by First Republic and Mr. Cohen’s efforts to reach Mr. Trump haven’t previously been reported.
Under federal law, banks are required to flag transactions that have no business or apparent lawful purpose or that deviate inexplicably from a customer’s normal bank activity. Suspicious activity reports are filed to the Treasury’s Financial Crimes Enforcement Network, where federal investigators can access them.
Mr. Cohen created a company called Essential Consultants LLC as a vehicle for the payment to Ms. Clifford, on Oct. 17, 2016, according to Delaware state records and a person familiar with the matter. The $130,000 wire transfer to the client-trust account of Mr. Davidson, Ms. Clifford’s lawyer, was received on Oct. 27 at City National Bank in Los Angeles, the person said.
City National Bank launched an internal inquiry of its own about the payment a year after Mr. Davidson received the funds in his client-trust account there, the person said. City National sought information about the source of funds wired to Mr. Davidson’s account, the person said. The inquiry was first reported by The Washington Post.
The one-year lag between the payment by Mr. Cohen and the bank inquiry is unusual. It suggests that City National received new information that prompted it to take a fresh look at the transaction, said Charles Intriago, a former federal prosecutor and money-laundering expert.
That could include a subpoena for the client’s records or a visit by regulators, said Mr. Intriago, who created a widely used accreditation for anti-money-laundering specialists.
Special counsel Robert Mueller, who is investigating Russian interference in the 2016 election and whether aides to Mr. Trump assisted in that effort, has sought information about
Mr. Cohen’s role in a proposal to build a Trump Tower in Moscow in late 2015 and early 2016, the Journal has reported. In a September 2017 statement to the Senate Intelligence Committee,
Mr. Cohen said the proposal was “solely a real estate deal and nothing more” and noted it was terminated “months before the first primary.”
It is unclear whether Mr. Mueller’s office triggered the bank inquiry in this case.
A spokesman for Mr. Mueller declined to comment.
A City National representative said, “As a matter of policy, we don’t confirm or comment on inquiries from regulatory agencies or law enforcement, including subpoenas.”
Mr. Cohen worked at the Trump Organization from 2007 until after the election. As Mr. Trump took office, Mr. Cohen said he would work in private practice and act as Mr. Trump’s personal attorney.
In October 2016, with Ms. Clifford’s representatives threatening to walk away from the deal, Mr. Cohen said he stopped trying to track down Mr. Trump and used his own funds to wire the payment to Ms. Clifford’s lawyer, one of the people familiar with the matter said.
The accounts of Mr. Cohen’s actions indicate he intended to involve Mr. Trump in the deal with Ms. Clifford, although it isn’t clear whether Mr. Trump participated.
Whether Mr. Trump knew of the nondisclosure agreement and reimbursed Mr. Cohen could affect a Federal Election Commission review of the transaction into potential campaign-finance violations.
A complaint filed by Common Cause, a Washington, D.C.-based nonpartisan nonprofit, said the payment amounted to an illegal campaign contribution that should have been reported. Proving any violation would require evidence of coordination between Messrs. Cohen and Trump or his campaign, campaign-finance experts say.
Mr. Cohen said in his February statement that the allegations in Common Cause’s complaints were “factually unsupported and without legal merit.”
Write to Joe Palazzolo at
joe.palazzolo@wsj.com and Michael Rothfeld at
michael.rothfeld@wsj.com
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