Judge overturns guilty verdicts against Flynn business partner

A federal judge has overturned a conviction against Michael Flynn’s former business partner, who had previously been convicted of illegally lobbying in the U.S. on behalf of the Turkish government.

Judge Anthony Trenga on Tuesday ordered a new trial for Bijan Rafiekian, who co-founded the Flynn Intel Group, according to court documents published by Politico.

{mosads}Trenga, a George W. Bush appointee, determined that prosecutors did not present sufficient evidence to convict Rafiekian.

He also found that the jury was not “adequately instructed” on the use of hearsay statements, the role of Flynn or the knowledge required to convict Rafiekian on one of the charges. 

Rafiekian had been convicted in July of conspiring to act as an agent of a foreign government, conspiring to make false statements and willful omissions in a Foreign Agents Registration Act (FARA) filing and acting as an agent of a foreign government. He was facing up to 15 years in prison. 

“The Government failed to present substantial evidence for a rational juror to find beyond a reasonable doubt that Rafekian knowingly participated in a conspiracy to…act as an unregistered agent of a foreign government…and make willful and material false statements and omissions in a FARA filing,” Trenga wrote. 

Rafiekian was also an adviser on President Trump‘s transition team. His lawyer praised the court decision in a statement to The Hill. 

“Bijan and his family are relieved and looking forward to getting on with their lives,” said attorney Mark MacDougall. “We are all grateful to the Court. Our system is still sturdy and, in this case, justice has been done.” 

Prosecutors tweeted about the decision but did not say whether they planned to appeal. 

“The U.S. Attorney’s Office is reviewing the Court’s opinion vacating the jury’s verdict in the Rafiekian matter. We do not have any further comment at this time,” said the U.S. Attorney’s Office for the Eastern District of Virginia.

Updated at 10:10 a.m.