Allegations in Giuliani lawsuit could lead to criminal investigations, experts say

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Former New York Mayor Rudy Giuliani, attorney for President Donald Trump, speaks during a press conference at Republican National Committee headquarters, Thursday, Nov. 19, 2020, in Washington. (Jacquelyn Martin/AP)

The explosive new allegations against Rudy Giuliani could expose the former New York City mayor and attorney for Donald Trump to potential criminal liability, experts say.

In a lawsuit filed Monday in New York, Noelle Dunphy alleged that Giuliani only paid her $12,000 of the promised $2 million for her work as a business development director and public relations consultant from 2019 to 2021, and he made sex acts an absolute. condition of his employment.

The case may well prompt law enforcement to open an investigation, Duncan Levin, a New York-based criminal defense attorney, told Yahoo News.

Giulianis’ team unequivocally denied the allegations, which have yet to be substantiated by evidence.

Reached for comment on the story, Giuliani’s adviser Ted Goodman said: “News outlets covering this story must include the fact that an ex-partner of Ms Dunphy has filed a lawsuit accusing Ms Dunphy of having Participated in previous schemes to defraud high-end networks Worth Men.

The allegations

Dunphy alleges Giuliani, who was then working as former President Trump’s personal attorney, said his payment had to be deferred because he didn’t want his ex-wife Judith, whom he was divorcing, to find out about the Dunphys job.

Dunphys’ complaint claims that Giuliani groped her on her first day at work and forced her to perform oral sex after she entered his guest suite at her Manhattan apartment uninvited. whereupon he exposed himself and grabbed his hair. She also alleges that he pretended to have no money to pay her while living a lavish life and made frequent sexist, racist and homophobic remarks.

She claims in particular that he offered to sell presidential pardons, about which allegations have already surfaced.

Noelle Dunphy attends Mommy’s Heart Fall Soir at Private Residence on October 21, 2022 in New York City. (Michael Ostuni/Patrick McMullan via Getty Images)

He also asked Ms Dunphy if she knew of anyone who needed a pardon, telling her he was selling pardons for $2 million, which he and President Trump would split, according to the complaint. He told Ms Dunphy that she could refer people to him asking for a pardon, as long as they did not go through the normal channels of the pardon attorney’s office, because correspondence addressed to that office would be subject to disclosure under of freedom of information. Law.

The story continues

(Dunphys’ complaint says she has recordings of Giuliani making some of the alleged remarks, but she has not released them.)

Could this all be a crime?

There are three potential areas for criminal investigation, according to Manhattan-based criminal law experts.

Sexual assault. The allegations of forcing her to perform sexual acts against her will could absolutely be considered sexual assault under New York law, Levin said. Sexual assault is the act of engaging in non-consensual sexual conduct.

Forcing someone to perform a sexual act is not a crime in New York, although it may constitute sexual harassment and create civil liability, unless it involves physical force.

Sexual assault requires forced restraint, Cheryl Bader, who teaches criminal law at Fordham University School of Law, told Yahoo News in an email. Manipulation and emotional coercion are not enough, but the complaint alleges an encounter that involved holding hair to force oral sex, which could amount to coercion.

Selling pardons. While such cases can be difficult to mount, if Giuliani was actually part of a scheme to sell presidential pardons, it could be a crime.

The allegation of offering to sell pardons for a sum of money would likely raise serious legal issues and could be investigated for various offences, Levin said. This could include potential federal crimes such as bribery or bribery, as well as state-level offenses.

In recent years, the United States Supreme Court has tightened the definition of bribery or bribery, making it more difficult to secure decisions.

Selling pardons would constitute public bribery, but a prosecutor would need more evidence than Dunphys’ allegation that Giuliani said he was selling pardons, Bader said.

Non-payment of wages. It’s the least likely to pose a serious legal risk to Giuliani, even if Dunphy produces significant evidence. Although Manhattan District Attorney Alvin Bragg recently created a worker protection unit to combat wage theft, wage theft is not considered theft in New York City. It is sometimes prosecuted as a scheme to defraud, which is the lowest crime in the state. (A bill recently introduced in the state legislature would change New York’s grand theft laws to include wage theft.)

Bader noted that prosecutors tend to be reluctant to pursue civil contract litigation, even when the litigation may involve an aspect of fraud.

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