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    How a Retirement Withdrawal Can Lead to a Perjury Conviction

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    A prominent lawyer was recently sentenced to home confinement for falsely claiming hardship to withdraw funds. How desperate must you be to take money out?Sometimes, it’s illegal to spend money that you set aside for yourself.When you save money in many types of workplace retirement accounts, the Internal Revenue Service doesn’t collect income taxes on that money until it’s time to take it out, when you’re older.Need money before then? Certain types of “hardship” withdrawals are permissible. But you must have a very good reason, and you definitely can’t lie about it.Last week, a sentencing hearing took place after a rare case involving this sort of legal violation. Federal prosecutors had won convictions against Marilyn Mosby, the former Baltimore prosecutor who may be best known for pursuing charges against the police officers in connection with the death of Freddie Gray in 2015, for both impermissible withdrawals and making a false mortgage application when she bought a condo in Florida.Ms. Mosby will spend up to 12 months in home confinement, absent a successful appeal or a presidential pardon, which she has requested.Her case is a complicated one, given that the sentence isn’t just for impermissible withdrawals. And her false claim of financial hardship to withdraw money from her city retirement account took place during the coronavirus pandemic in 2020, when alternative, one-time-only rules were in effect.Still, hardship withdrawals are widely available.What follows are some questions and answers about what happened in Ms. Mosby’s case and what the rules actually are. Keep in mind that employers have a fair bit of discretion in how they set up the rules for their retirement plans, and there may be slight differences between the rules for 401(k)s, 403(b)s and 457 plans.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Takeaways From the Report on the Trump Georgia Investigation

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      The released excerpts from the special grand jury’s report suggest that the jurors probably recommended indictments on more charges than just perjury.On Thursday, after a lengthy criminal investigation by a Georgia special grand jury into allegations of election interference by Donald J. Trump and his allies, a judge released excerpts from a report drafted by the panel. The grand jury’s recommendations were redacted, and little new information was released, but a close reading, together with earlier reporting, offers some insights into where the case is headed. Here are some key takeaways.Legal experts say Mr. Trump remains in real jeopardy in Georgia.In a post on Truth Social on Thursday afternoon, Mr. Trump thanked the special grand jury for its “Patriotism & Courage.“Total exoneration,” he added. “The USA is very proud of you!!!”In fact, the portions of the grand jury’s report that included recommendations on possible indictments were not revealed. Many legal experts continue to see two significant areas of exposure for Mr. Trump.The first is his direct involvement in recruiting a slate of alternative presidential electors after the 2020 election, even after Georgia’s results were recertified by the state’s Republican leadership. The second are the telephone calls he made to pressure state officials after the election, including one in which Mr. Trump told Brad Raffensperger, Georgia’s secretary of state, that he needed to “find” 11,780 votes, one more than President Biden’s margin of victory in the state.“Even before we got these initial statements from the special grand jury, we knew Trump was in deep criminal peril because of the mountain of evidence that has accumulated that he violated Georgia statutes,” said Norman Eisen, a lawyer who served as special counsel to the House Judiciary Committee during the first impeachment and trial of Mr. Trump, and a co-author of a lengthy Brookings Institution report on the Fulton County investigation.The jurors did make recommendations about indictments.The special grand jury noted in its report that it had voted on indictment recommendations, though the released excerpts do not reveal what the results of those votes were. The jurors wrote that they had “set forth for the Court our recommendations on indictments and relevant statutes.” (A special grand jury cannot bring indictments, but can make recommendations to the district attorney.)In ordering that only portions of the report be released, with all names redacted, the judge handling the case may have provided a clue to the grand jury’s recommendations. The judge, Robert C.I. McBurney of Fulton County Superior Court, said he was limiting the extent of the release because the grand jury inquiry, by its nature, allowed for only “very limited due process” for potential defendants. The judge’s stance would have been unlikely if the grand jury had not recommended indictments.Understand Georgia’s Investigation of Election InterferenceCard 1 of 5A legal threat to Trump. More

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      in Elections

      Here’s a Timeline of the Trump Georgia Investigation

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      The criminal investigation of former President Donald J. Trump and his allies in Georgia has its roots in activities that began shortly after he lost the 2020 election. So far, there have been two key investigatory threads: a plan to send an alternate slate of electors from states that Mr. Trump lost, including Georgia, and Mr. Trump’s request that Georgia’s secretary of state find the votes he needed to flip the state’s 16 electoral votes to him instead of Joseph R. Biden Jr.Here’s a look at some of the key events connected to the investigation.Nov. 18, 2020: Just over two weeks after Election Day, an outside adviser to the Trump campaign, Kenneth Chesebro, sends the first of three memos laying the groundwork for using the Electoral College system to affect the outcome of the race.Dec. 5: Mr. Trump calls Gov. Brian Kemp, a Republican, and urges him to circumvent the normal process for awarding electoral votes and allow Georgia’s lawmakers to do it instead.Dec. 6: Mark Meadows, the White House chief of staff, shares one of those memos with Jason Miller, a senior adviser on the Trump campaign. In the next few days, Mr. Trump decides to pursue the plan to offer alternate electors, according to the findings of the House committee that investigated the Jan. 6 attack on the Capitol.Dec. 7: Georgia elections officials recertified the results of the state’s presidential race after a recount reaffirmed Joseph R. Biden Jr.’s victory over President Trump, the third time that results showed that Mr. Trump had lost the state.Understand Georgia’s Investigation of Election InterferenceCard 1 of 5A legal threat to Trump. More