Karen Hanover: No Fraud Says Judge
At Karen Hanover’s trial, Judge Tucker ruled that the government hadn’t proven its case even by the lower standard “clear and convincing.”
Most of us are aware that the standard of proof for conviction in a criminal trial is “beyond reasonable doubt.” But there are lower standards too including “preponderance of the evidence” and “clear and convincing evidence” which are commonly required levels of proof in civil cases.
What is Clear and Convincing Evidence?
According to Wikipedia, “clear and convincing” evidence means that the evidence presented by a party during the trial must be highly and substantially more probable to be true than not and the trier of fact must have a firm belief or conviction in its factuality.”
Plaintiffs who face a “clear and convincing evidence” standard must prove that it is “substantially more likely than not” their claims are true. This is a lower standard of proof than the “beyond a reasonable doubt” standard meaning to prove the case as close to 100% percent as possible. The “beyond a reasonable doubt” level of proof is required in criminal fraud cases.
Court transcripts from Hanover’s case quote Judge Josephine Staton Tucker’s position on Hanover’s fraud.
“The government did not prove by clear and convincing evidence that Hanover’s impersonation was to facilitate the offense of wire fraud or witness tampering. Specifically as to witness tampering, the government failed to show by convincing evidence that the defendant acted with the required intent.” said Judge Tucker.
“And as to fraud, while the government did present evidence that Hanover operated a fraudulent real estate business scheme as a backdrop to the conduct at issue in the case, it did not bring fraud charges, and it did not establish the offense of wire fraud by clear and convincing evidence.”
Of course this indicates Judge Tucker’s acknowledgement that the government hadn’t proven its fraud case, or its obstruction case, against Hanover by the lower standard of proof let alone beyond a reasonable doubt. Karen Hanover was acquitted on the obstruction charges which related to allegations of her making threats.