Prosecutors who investigated New York Attorney General Letitia James for possible mortgage fraud found evidence that would appear to undercut some of the allegations in the indictment of James secured earlier this month -- including the degree to which James personally profited from her purchase of the property -- according to a memo summarizing the state of the case in September, sources told ABC News.
Prosecutors who led the monthslong investigation into James' conduct concluded that any financial benefit derived from her allegedly falsified mortgage would have amounted to approximately $800 in the year she purchased the home, sources said.
The government lawyers also expressed concern that the case could likely not be proven beyond a reasonable doubt because federal mortgage guidelines for a second home do not clearly define occupancy, a key element of the case, according to sources.
Prosecutors detailed the findings to the previous U.S. attorney, Erik Siebert, in an internal Department of Justice memo summarizing the status of the case early last month, according to sources familiar with its contents. Siebert was ousted by President Donald Trump last month after refusing to seek charges against James amid what critics call Trump's campaign of...
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