Kevin M. Downing

Downing graduated with a degree in accounting from St. Joseph's University in 1988. He received his J.D. cum laude from St. John's University in 1994 and his LL.M. in tax law at the New York University School of Law in 1996.[2]

Downing worked in the United States Department of Justice from 1997 to 2012 in the Tax Division, serving first as a trial attorney in the Western Criminal Enforcement Section and then as senior litigation counsel.[2] At the Justice Department, Downing handled cases involving tax evasion via offshore financial vehicles and Foreign Corrupt Practices Act (FCPA) violations. Downing was the federal prosecutor who handled the KPMG tax shelter fraud case and a case involving allegations that the Swiss bank UBS AG used its private bank division to aid wealthy U.S. nationals evade taxes. However, Downing grossly mishandled the UBS AG case resulting in a lack of appropriate prosecution of tax evaders and humiliation of the U.S. Government.[3] Both cases ended in deferred prosecution agreements in 2005. In 2009, Downing was awarded the John Marshall Award by the Department of Justice for his role in the UBS case.[4] In 2012, Reuters described Downing as "the U.S. prosecutor most responsible for piercing the veil of Swiss bank secrecy".;[5] however, one must consider the incompetence he displayed as noted in the UBS AG whistleblower's account.[3]

Downing left DOJ in June 2012 to become a partner at the Washington, D.C. law firm of Miller & Chevalier, where he remained until August 2017.[6] When he joined the firm, he told Reuters that his practice at Miller & Chevalier would involve advising financial institutions on how to comply with the Foreign Account Tax Compliance Act (FATCA) of 2010.[5] According to his firm biography, his work focused on "criminal and civil tax matters" as well as money laundering, white collar, and FCPA matters.[2]

Downing represented Donald Trump's 2016 presidential campaign former campaign chairman, Paul Manafort, in the Mueller special counsel investigation, which sought to investigate the Russian interference in the 2016 United States elections, many suspicious[7][8] links between Trump associates and Russian officials and spies, and obstruction of justice committed by Trump and associates. In 2017, former FBI director Robert Mueller was selected by Deputy Attorney General Rod Rosenstein to serve as the special prosecutor overseeing the Special Counsel investigation following the dismissal of James Comey by President Trump. On July 26, 2017, the Federal Bureau of Investigation executed a no-knock search warrant on Manafort's northern Virginia home a day after the former campaign manager had met with the Senate Intelligence Committee.[9] After the raid, Manafort switched legal firms to Miller & Chevalier, hiring Downing in August.[10][11] Subsequently, Downing left Miller & Chevalier two weeks after taking on representation of Manafort, and continued to represent Manafort after leaving the firm.[6]

On October 30, 2017, Manafort and his long-time business partner, Rick Gates, were the first two individuals to be publicly indicted as a result of the 2017 special counsel investigation. Following Manafort's initial hearing, at which Manafort pleaded not guilty, Downing told the media that "There is no evidence that Mr. Manafort or the Trump campaign colluded with the Russian government."[12]

The New York Times reported on November 27, 2018, that Downing continued sharing information about Manafort's legal matters with Trump's attorneys, pursuant to a joint defense agreement, after Manafort had entered a plea and cooperation agreement with Mueller prosecutors.[13] Although such joint defense agreements are not unusual or unlawful, they must be stopped if they create a conflict of interest, as it would be unethical for attorneys to collaborate when one of their clients is cooperating with prosecutors while another client is the subject of a continuing investigation. Attorneys for Michael Flynn had ended their joint defense agreement with Trump's attorneys when Flynn entered plea negotiations with Mueller.[14]

After Manafort was sentenced on March 13, 2019, outside the courthouse, Downing falsely asserted that judge Amy Berman Jackson "conceded that there was absolutely no evidence of any Russian collusion in this case" and "So that makes two courts. Two courts have ruled no evidence of any collusion with the Russians"; Downing was heckled by members of the public, shouting "Liar" and "That's not what [the judge] said", while making the statement to media.[15]