海角大神

New York is suing Donald Trump for fraud. Three questions.

|
Evan Vucci/AP/File
Former President Donald Trump (left), chief financial officer Allen Weisselberg (center), and Donald Trump Jr. attend a news conference at Trump Tower in New York on Jan. 11, 2017. New York鈥檚 attorney general sued the former president and his company on Wednesday, alleging a pattern of business fraud.

On Wednesday, when New York Attorney General Letitia James filed a civil complaint against Donald Trump and other executives in his business organization, she added yet another front in the many legal battles the former president now faces.

In this case, the New York attorney general announced that the stakes in this civil complaint were high: She is seeking to bar Mr. Trump and three of his adult children 鈥 Donald Trump Jr., Ivanka Trump, and Eric Trump 鈥 from ever running a business in their former home state again.

鈥淚t鈥檚 one of a big stack now,鈥 says Cassandra Burke Robertson,聽 at Case Western Reserve University in Cleveland, Ohio. 鈥淭he former president is facing a lot of legal peril from a lot of different angles, too, and I don鈥檛 know which is going to end up being the most significant.鈥

Why We Wrote This

Where does a country draw a line between launching investigations for political motives and ensuring that the rule of law applies to every citizen, even the powerful?

Why did New York bring civil charges against former President Trump this week?

New York prosecutors launched an investigation into Mr. Trump鈥檚 business practices after his former attorney Michael Cohen testified before Congress in February 2019, detailing some of the Trump Organization鈥檚 alleged fraudulent practices. Wednesday鈥檚 civil complaint followed a three-year investigation into these accusations.听

In the filed Wednesday, Ms. James accused Mr. Trump, his three oldest children, and other executives of 鈥渒nowingly and intentionally鈥 engaging in illegal financial schemes to benefit his organization. Company executives 鈥渇alsely inflated his net worth by billions of dollars to unjustly enrich [Mr. Trump] and cheat the system,鈥 the attorney general .听

Ms. James framed the civil complaint against the former president within a larger context, calling it 鈥渁 tale of two justice systems, one for everyday working people, and one for the elite, the rich, and the powerful.鈥

鈥淔or too long, powerful, wealthy people in this country have operated as if the rules do not apply to them,鈥 she said. 鈥淒onald Trump stands out as among the most egregious examples of this misconduct.鈥

The civil complaint alleges that Mr. Trump鈥檚 company made more than 200 false statements about the values of his properties, allowing him to deceive lenders, insurance brokers, and tax authorities and save an estimated $250 million from 2011 to 2021.听

鈥淚t essentially paints the Trump Organization as engaging in a long-running fraud scheme to try to adjust the valuation of its assets upward when that served their interests to obtain loans or for insurance purposes,鈥 says Robert Mintz, a in the Newark office of McCarter & English law firm. 鈥淎nd then, at the same time, adjusting those same valuations downward for tax purposes.鈥澛

The New York attorney general said she would seek to fine the Trump Organization a $250 million penalty. More significantly, in addition to seeking to permanently bar Mr. Trump and three of his children from running any business registered in New York, she also wants to bar them from taking out any loans or entering into any real estate deals in New York for five years.

State prosecutors in New York filed similar civil complaints against Mr. Trump鈥檚 business organization over the past decade. In 2013, civil charges against Trump University led to a $25 million settlement, and in 2018, charges of fraud against the Trump Foundation, a charitable organization, led to a $2 million settlement. Mr. Trump then shuttered both organizations.

How is this civil complaint related to Mr. Trump鈥檚 other legal troubles?

While New York鈥檚 attorney general filed a civil complaint on Wednesday, the Manhattan district attorney鈥檚 office, now led by Alvin Bragg, has been conducting a criminal investigation into many of the same issues.听

On Oct. 24, Manhattan prosecutors will bring criminal charges against the Trump Organization to trial. The company鈥檚 longtime chief financial officer, Allen Weisselberg, has already , including participating in company schemes to avoid paying taxes. He must testify as part of his plea agreement, but he refused to testify against Mr. Trump.

Mr. Bragg declined to bring criminal charges against Mr. Trump or any other individuals in his companies, however, and only the Trump Organization will be on trial next month.

But Mr. Trump faces a number of other investigations:

  • The Justice Department is investigating possible crimes Mr. Trump may have committed when he took a trove of classified documents with him after he left office. On Aug. 8, FBI agents with a search warrant entered the former president鈥檚 Mar-a-Lago estate in Florida to retrieve what they say are highly sensitive documents relating to national security. On Wednesday, the 11th Circuit Court of Appeals said investigation into those classified documents could continue in a that found a federal judge may have overstepped by denying investigators access to classified documents.听
  • In Georgia, Fulton County District Attorney Fani Willis is investigating the former president and others in a case that could allege conspiracy to commit election fraud, experts say.听
  • The House committee investigating the Capitol attack of Jan. 6, 2021, continues to collect evidence that could be used by the Justice Department as it also investigates allegations of a conspiracy to commit election fraud as well as the former president鈥檚 role in the Capitol Hill riot.
  • In August, a federal judge 聽a civil case against the former president to proceed after four U.S. Capitol police officers injured in the Jan. 6 insurrection sued Mr. Trump for instigating the riot.听
  • A New York journalist who has accused Mr. Trump of sexually assaulting her in the 1990s is against the former president after giving survivors an opportunity to sue their attackers even if statutes of limitations have expired.

Is the civil complaint against former President Trump鈥檚 business practices politically motivated?

Mr. Trump and his attorneys have labeled most of the charges against him as part of a partisan 鈥渨itch hunt鈥 as he defends himself on multiple fronts, including the most recent civil complaint in New York.听

鈥淭oday鈥檚 filing is neither focused on the facts nor the law 鈥 rather, it is solely focused on advancing the attorney general鈥檚 political agenda,鈥 said Alina Habba, one of Mr. Trump鈥檚 attorneys, on Wednesday. 鈥淚t is abundantly clear that the Attorney General鈥檚 Office has exceeded its statutory authority by prying into transactions where absolutely no wrongdoing has taken place.鈥澛

As a candidate in 2018, Ms. James promised to investigate the former president, and during her celebrations on the night she was elected attorney general, the former city councilwoman and public defender聽 to shine 鈥渁 bright light into every dark corner of his real estate dealings, and every dealing, demanding truthfulness at every turn.鈥

Some legal experts suggest the Trump Organization鈥檚 practices may have never been scrutinized so closely if Mr. Trump had never entered politics.

鈥淔raud cases like these are somewhat difficult to prove, because there鈥檚 not a lot of time or money dedicated to enforcement,鈥 says Professor Robertson. 鈥淓ven the IRS and state tax officials only have so much money to conduct investigations, so they go after either the most obvious cases or the cases that come up to them.鈥

鈥淭his is a case that wouldn鈥檛 get brought unless there was overwhelming documentation,鈥 Professor Robertson continues. 鈥淵et, even if the Trump Organization may have had this very long history, at least according to the attorney general, of engaging in these practices, it really came to light when he entered politics, and it might not have, had he not entered politics.鈥

It is not the businesses who had dealings with the Trump Organization bringing a civil case alleging fraud, says Mr. Mintz, a former federal prosecutor and current chair of his firm鈥檚 government investigations and white collar defense practice.

鈥淚f this case gets to a trial, the defense team is going to say that the parties on the other side of these deals were extremely sophisticated banks and sophisticated lenders and sophisticated insurance adjusters, and they certainly had the ability to do their own valuation of these assets that they were using as collateral to make loans,鈥 Mr. Mintz says. 鈥淎nd at the end of the day, as former President Trump鈥檚 lawyers have already pointed out, the lenders made millions of dollars in interest from placing loans with the Trump Organization, loans that he has not defaulted on.鈥

This may be one reason Ms. James framed the civil complaint as 鈥渁 tale of two justice systems鈥 rather than the state protecting New York businesses.

鈥淏ut [Mr.] Trump has really forced the issue here. Where do we as a country ... draw the line between avoiding partisan investigations and allowing for impunity because somebody has a political role?鈥 says Professor Robertson. 鈥淥n the other hand, if the law enforcement community can鈥檛 prosecute because it doesn鈥檛 want to look like we鈥檙e engaging in politics, then are we allowing people to be above the law? I don鈥檛 personally know where to draw that line, but I think it鈥檚 a really hard question.鈥

You've read  of  free articles. Subscribe to continue.
Real news can be honest, hopeful, credible, constructive.
海角大神 was founded in 1908 to lift the standard of journalism and uplift humanity. We aim to 鈥渟peak the truth in love.鈥 Our goal is not to tell you what to think, but to give you the essential knowledge and understanding to come to your own intelligent conclusions. Join us in this mission by subscribing.
QR Code to New York is suing Donald Trump for fraud. Three questions.
Read this article in
/USA/Politics/2022/0923/New-York-is-suing-Donald-Trump-for-fraud.-Three-questions
QR Code to Subscription page
Start your subscription today
/subscribe