
Two related investigations by New York State and City officials were opened by 2020 to determine whether
the Trump Organization
The Trump Organization, Inc. is an American Conglomerate (company), conglomerate. Privately owned by Donald Trump, it serves as the holding company for most of Business career of Donald Trump, Trump's business ventures and investments, with ar ...
has committed financial
fraud
In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrato ...
. One of these is
a criminal case being conducted by the
Manhattan district attorney
The New York County District Attorney, also known as the Manhattan District Attorney, is the elected district attorney for New York County, New York. The office is responsible for the prosecution of violations of New York state laws (federal la ...
(DA) and the other is
a civil case being conducted by the
New York State Attorney General
The attorney general of New York is the chief legal officer of the U.S. state of New York and head of the Department of Law of the state government. The office has existed in various forms since 1626, originally established under the Dutch c ...
(AG). The DA's case has led to two of the organization's subsidiary companies being found guilty of 17 charges including
tax fraud
Tax evasion or tax fraud is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trust (property), trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax au ...
and
the indictment of
Donald Trump
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who is the 47th president of the United States. A member of the Republican Party (United States), Republican Party, he served as the 45 ...
, while the AG has succeeded in imposing an independent monitor to prevent future fraud by the organization.
By mid-2021, New York AG
Letitia James
Letitia Ann "Tish" James (born October 18, 1958) is an American lawyer and politician serving since 2019 as the 67th Attorney General of New York, attorney general of New York (NYAG), having won the 2018 New York Attorney General election, 2018 ...
had joined the DA's criminal probe, with the latter convening a
grand jury
A grand jury is a jury empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand ju ...
. Prosecutors filed 10 charges against the organization, alleging that it had conducted a "scheme to defraud" the government, and 15
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that r ...
counts against longtime chief financial officer
Allen Weisselberg—who invoked his
Fifth Amendment right against self-incrimination more than 500 times in his testimony. In August 2022, Weisselberg pleaded guilty and agreed to testify against the organization in exchange for a reduced sentence. In December, the organization was convicted of all 17 criminal charges it faced. Evidence including the testimonies of Weisselberg and others indicate that he and other executives—as well as the two subsidiaries—participated in fraudulent schemes, including recording some employee bonuses as pay for
contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
work. A number of illegal practices were ceased around the time of Trump's
election as U.S. president.
In 2020,
Eric Trump
Eric Frederick Trump (born January 6, 1984) is an American businessman, activist, and former reality television presenter. He is the third child and second son of U.S. President Donald Trump and his first wife, Ivana Trump.
Trump is a truste ...
pleaded the Fifth over 500 times in his testimony for the AG. In November 2021, ''
The Washington Post
''The Washington Post'', locally known as ''The'' ''Post'' and, informally, ''WaPo'' or ''WP'', is an American daily newspaper published in Washington, D.C., the national capital. It is the most widely circulated newspaper in the Washington m ...
'' reported that between 2011 and 2015 the organization presented several properties as being worth far more to potential lenders than to tax officials. Donald Trump reportedly pleaded the Fifth more than 400 times in his August 2022 deposition. In September, James filed a civil lawsuit against Trump, his three oldest children, and the organization for alleged fraud. Additionally, she referred the case to federal criminal prosecutors and the
Internal Revenue Service
The Internal Revenue Service (IRS) is the revenue service for the Federal government of the United States, United States federal government, which is responsible for collecting Taxation in the United States, U.S. federal taxes and administerin ...
. In November, the New York judge overseeing the lawsuit appointed retired judge
Barbara S. Jones to monitor the organization, with a trial being held from late 2023 to early 2024.
Background
The
financial statement
Financial statements (or financial reports) are formal records of the financial activities and position of a business, person, or other entity.
Relevant financial information is presented in a structured manner and in a form which is easy to un ...
s of
the Trump Organization
The Trump Organization, Inc. is an American Conglomerate (company), conglomerate. Privately owned by Donald Trump, it serves as the holding company for most of Business career of Donald Trump, Trump's business ventures and investments, with ar ...
's holdings are private, and there exist a wide range of estimates of the organization's true value.
Donald Trump
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who is the 47th president of the United States. A member of the Republican Party (United States), Republican Party, he served as the 45 ...
has been accused on several occasions of deliberately inflating the
valuation of Trump Organization properties through the aggressive lobbying of the media, in particular the authors of the annual
Forbes 400
The ''Forbes'' 400 or 400 Richest Americans is a list published by ''Forbes'' magazine of the wealthiest 400 American citizens who own assets in the U.S., ranked by net worth. The 400 was started by Malcolm Forbes in 1982 and the list is ...
list, in order to bolster
his perceived net worth among the public over several decades.
He has released little definitive financial documentation to the public to confirm his valuation claims.
It is difficult to determine a net value for the Trump Organization's real-estate holdings independently since each individual property may be encumbered by debt.
In October 2015, ''
Forbes
''Forbes'' () is an American business magazine founded by B. C. Forbes in 1917. It has been owned by the Hong Kong–based investment group Integrated Whale Media Investments since 2014. Its chairman and editor-in-chief is Steve Forbes. The co ...
'' published an article detailing its decades-long struggle to estimate the true net worth of Trump and the organization. In 2018, a former ''Forbes'' journalist who had worked on the ''Forbes'' list claimed in an to ''
The Washington Post
''The Washington Post'', locally known as ''The'' ''Post'' and, informally, ''WaPo'' or ''WP'', is an American daily newspaper published in Washington, D.C., the national capital. It is the most widely circulated newspaper in the Washington m ...
'' that Trump had lied about his wealth to ''Forbes'' to get on the list repeatedly and suggested that ''Forbes''s previous low-end estimates of Trump's net worth were still well above his true net worth.
On a
Schedule C
The United States Internal Revenue Service (IRS) uses forms for taxpayers and tax-exempt organizations to report financial information, such as to report income, calculate taxes to be paid to the federal government, and disclose other inform ...
form filed in 1984 for a purported consulting business, Trump reported no income but over $600,000 in unknown expenses. After New York State and City auditors rejected the unexplained expenses, Trump requested a tax trial. In separate 1992 trials, state and city judges ruled against Trump.
In the city case Trump's only witness was the lawyer and accountant who prepared his returns for over 20 years, who testified that although it had his signature he did not prepare the 1984 return he was presented a photocopy of (the original copy being unavailable); Trump asserted that he had been subjected to
double taxation
Double taxation is the levying of tax by two or more jurisdictions on the same income (in the case of income taxes), asset (in the case of capital taxes), or financial transaction (in the case of sales taxes).
Double liability may be mitigated ...
, in response to which the judge wrote that "The problem at issue is
nstead oneof no taxation."
In June 2016 (during
Trump's presidential campaign), investigative journalist
David Cay Johnston
David Cay Boyle Johnston (born December 24, 1948) is an American investigative journalist and author, a specialist in economics and tax issues, and winner of the 2001 Pulitzer Prize for Beat Reporting.
From July 2011 until September 2012 he was ...
argued that the proceedings demonstrated evidence of intentional
tax fraud
Tax evasion or tax fraud is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trust (property), trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax au ...
and that Trump should release
his tax returns to disclose whether he had repeated such behavior.
[
In a defamation case against '']TrumpNation
''TrumpNation: The Art of Being the Donald'' is a 2005 biographical book about Donald Trump that was written by Timothy L. O'Brien and published by Warner Books. After the book was published, Trump filed a $5 billion lawsuit against O'Brien, who ...
'' author Timothy L. O'Brien, Donald Trump testified in 2007 that "I think everybody" exaggerates their property values and that he did not do so "beyond reason". He said he would give his opinion to chief financial officer (CFO) Allen Weisselberg, who "predominately" determined final values, which Trump called "conservative". Regarding one case in which a property increased from $80 million in 2005 to $150 million in 2006, Trump stated, "The property was valued very low, in my opinion, then and it became very—it just has gone up." He was unable to provide a reason for this other than his opinion. Between 2011 and 2015, the Trump Organization presented several properties as being worth millions of dollars—in one case over $500 million—more to potential lenders than to tax officials; this was reported by ''The Washington Post'' in November 2021. In January 2017, ahead of Trump's inauguration as U.S. president, his attorney Sheri Dillon
Sheri Dillon is an American attorney who is a member of the law firm Morgan, Lewis & Bockius LLP since 2015.
Education
*Georgetown University Law Center, 1999, J.D., cum laude
*University of Missouri, 1986, M.P.P., with honors
*University of Mis ...
announced that the organization's businesses would be transferred to a trust
Trust often refers to:
* Trust (social science), confidence in or dependence on a person or quality
It may also refer to:
Business and law
* Trust (law), a legal relationship in which one person holds property for another's benefit
* Trust (bu ...
controlled by Trump's sons Donald Jr. and Eric Trump
Eric Frederick Trump (born January 6, 1984) is an American businessman, activist, and former reality television presenter. He is the third child and second son of U.S. President Donald Trump and his first wife, Ivana Trump.
Trump is a truste ...
, as well as Weisselberg.
In October 2018, ''The New York Times
''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' published a lengthy exposé concerning Donald Trump's inheritance from his parents, Fred
Fred or FRED may refer to:
People
* Fred (name), including a list of people and characters with the name
Mononym
* Fred (cartoonist) (1931–2013), pen name of Fred Othon Aristidès, French
* Fred (footballer, born 1949) (1949–2022), Fred ...
and Mary Anne MacLeod Trump
Mary Anne Trump ( MacLeod; ; May 10, 1912 – August 7, 2000) was a Scottish-American socialite and philanthropist, who was the wife of the real-estate developer Fred Trump and the mother of five children, including U.S. president Donald Trum ...
. It includes detailed analyses of Trump family financial records. The article describes an alleged tax fraud scheme conducted by Trump and his siblings related to their joint inheritance of their parents's real estate holdings, effectively evading over $500 million in gift
A gift or present is an item given to someone (who is not already the owner) without the expectation of payment or anything in return. Although gift-giving might involve an expectation of reciprocity, a gift is intended to be free. In many cou ...
and estate taxes. The alleged schemes involve money from the companies being siphoned to the children throughout their lives and understating the value of transferred properties. The New York State Department of Taxation and Finance
The New York State Department of Taxation and Finance (NYSDTF) is the department of the New York state government responsible for taxation and revenue, including handling all tax forms and publications, and dispersing tax revenue to other agencie ...
announced on the day of the exposé's publication that it would review the allegations. In mid-2021, Mary L. Trump (a primary source for the exposé) elaborated on how the organization used a shell corporation
A shell corporation is a company or corporation with no significant assets or operations often formed to obtain financing before beginning business. Shell companies were primarily vehicles for lawfully hiding the identity of their beneficial ...
to siphon money, devaluing Fred Trump's "core business" to $30 million at the time of his death.
In August 2018, Manhattan District Attorney
The New York County District Attorney, also known as the Manhattan District Attorney, is the elected district attorney for New York County, New York. The office is responsible for the prosecution of violations of New York state laws (federal la ...
(DA) Cyrus Vance Jr.
Cyrus Roberts Vance Jr. (born June 14, 1954) is an American attorney and retired politician who served as the District Attorney of New York County, New York. He was previously a principal partner at the law firm of Morvillo, Abramowitz, Grand, ...
was reportedly considering a criminal investigation
Criminal investigation is an applied science that involves the study of facts that are then used to inform criminal trials. A complete criminal investigation can include Search and seizure, searching, interviews, interrogations, Evidence (law), ...
of the organization and two of its senior executives for their reimbursement of then-Trump personal attorney Michael Cohen for his hush-money payment to Stormy Daniels
Stephanie A. Gregory Clifford (born Stephanie A. Gregory; March 17, 1979), known professionally as Stormy Daniels, is an American pornographic film actress, Film director, director and former stripper. She has won many industry awards and is a ...
; the organization recorded the reimbursement as a legal expense although Cohen did no legal work in the matter. In August 2019, Vance subpoenaed the organization's accountants, Mazars
Forvis Mazars is an international audit, accounting and consulting business formed in June 2024 by an agreement between Mazars and Forvis. Combined, the firms operate in the US and over 100 other countries, being among the top 10 global audit f ...
, for Trump's tax returns. In July 2020, the U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
ruled that Trump's tax records could be released to prosecutors, producing millions of pages of documents, reportedly including Trump's returns from January 2011 to August 2019. In November 2022, the DA's office (then under Alvin Bragg
Alvin Leonard Bragg Jr. (born October 21, 1973) is an American politician and lawyer who serves as the New York County District Attorney, covering Manhattan. In 2021, he became the first African American elected to that office. Bragg had previo ...
) was reportedly again scrutinizing the hush-money affair, leading to Trump's indictment. Following a Supreme Court ruling, the U.S. Treasury Department released Trump's returns from 2015 to 2020 to the House Ways and Means Committee
A ways and means committee is a government body that is charged with reviewing and making recommendations for government budgets. Because the raising of revenue is vital to carrying out governmental operations, such a committee is tasked with fi ...
, and following the committee's vote, the returns were released to the public before the end of the year.
In February 2019, prompted by U.S. House Representative Alexandria Ocasio-Cortez
Alexandria Ocasio-Cortez (born October 13, 1989), also known as AOC, is an American politician and activist who has served since 2019 as the United States House of Representatives, US representative for New York's 14th congressional distric ...
asking whether Trump had ever presented inflated assets to an insurance company, Cohen testified to Congress that Trump "inflated he organization's
He or HE may refer to:
Language
* He (letter), the fifth letter of the Semitic abjads
* He (pronoun), a pronoun in Modern English
* He (kana), one of the Japanese kana (へ in hiragana and ヘ in katakana)
* Ge (Cyrillic), a Cyrillic letter cal ...
total assets when it served his purposes, such as trying to be listed amongst the wealthiest people in Forbes, and deflated his assets to reduce his real estate taxes." Following Cohen's testimony, in March, the New York State Department of Financial Services
The New York State Department of Financial Services (DFS or NYSDFS) is the department of the New York state government responsible for regulating financial services and products, including those subject to the New York insurance, banking and fin ...
issued a subpoena to Aon, the organization's longtime insurance broker. The same month, the office of New York Attorney General
The attorney general of New York is the chief legal officer of the U.S. state of New York and head of the Department of Law of the state government. The office has existed in various forms since 1626, originally established under the Dutch c ...
(AG) Letitia James
Letitia Ann "Tish" James (born October 18, 1958) is an American lawyer and politician serving since 2019 as the 67th Attorney General of New York, attorney general of New York (NYAG), having won the 2018 New York Attorney General election, 2018 ...
began investigating the organization, having stated that she intended to do so during her 2018
Events January
* January 1 – Bulgaria takes over the Presidency of the Council of the European Union, after the Estonian presidency.
* January 4 – SPLM-IO rebels loyal to Chan Garang Lual start a raid against Juba, capital of ...
campaign. By September 2019, the organization was under federal investigation by the Southern District of New York
The Southern District of New York is a federal judicial district that encompasses the counties of New York (Manhattan), Bronx, Westchester, Rockland, Putnam, Orange, Dutchess, and Sullivan.
Federal offices or agencies operating in the distri ...
regarding inflated insurance claims allegations. By December, James's office had subpoenaed the organization for some records which it subsequently failed to provide for at least 21 months.
Criminal investigation
By 2020, the Manhattan district attorney
The New York County District Attorney, also known as the Manhattan District Attorney, is the elected district attorney for New York County, New York. The office is responsible for the prosecution of violations of New York state laws (federal la ...
(DA) had opened a criminal investigation to determine whether The Trump Organization
The Trump Organization, Inc. is an American Conglomerate (company), conglomerate. Privately owned by Donald Trump, it serves as the holding company for most of Business career of Donald Trump, Trump's business ventures and investments, with ar ...
, including any individuals or business entities associated with it, had committed financial fraud
In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrato ...
. The investigation led to three grand juries
A grand jury is a jury empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand ju ...
being convened, two of which approved indictments
An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use th ...
.
The first indictment named longtime Chief Financial Officer Allen Weisselberg and two Trump Organization business entities. Evidence against the organization indicated that Weisselberg and other executives—as well as the two subsidiaries—participated in fraudulent schemes, including recording some employee bonuses as pay for contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
work. Prosecutors filed 10 charges against the organization, alleging that it had conducted a "scheme to defraud" the government, and 15 felony counts against Weisselberg, who agreed to a plea deal A plea bargain, also known as a plea agreement or plea deal, is a legal arrangement in criminal law where the defendant agrees to plead guilty or no contest to a charge in exchange for concessions from the prosecutor. These concessions can include ...
in August 2022, during Manhattan DA Alvin Bragg
Alvin Leonard Bragg Jr. (born October 21, 1973) is an American politician and lawyer who serves as the New York County District Attorney, covering Manhattan. In 2021, he became the first African American elected to that office. Bragg had previo ...
's tenure. Both business entities were convicted of 17 charges including tax fraud
Tax evasion or tax fraud is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trust (property), trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax au ...
in a trial in late 2022.
The second indictment charged Donald Trump
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who is the 47th president of the United States. A member of the Republican Party (United States), Republican Party, he served as the 45 ...
was criminally indicted with 34 felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that r ...
counts of falsifying business records
Falsifying business records is a criminal offense in the laws of several U.S. states.
New York State Elements and punishment
Under New York State law, falsifying business records in the second degree is a class A misdemeanor, while falsifying bus ...
in tandem with an alleged catch and kill
Catch and kill is a surreptitious technique employed by newspapers and media outlets to prevent an individual from publicly revealing information damaging to a third party. Using a legally enforceable non-disclosure agreement, the publisher purpo ...
operation to suppress negative press during his 2016 campaign, largely revolving around the hush-money payment to pornographic actress Stormy Daniels
Stephanie A. Gregory Clifford (born Stephanie A. Gregory; March 17, 1979), known professionally as Stormy Daniels, is an American pornographic film actress, Film director, director and former stripper. She has won many industry awards and is a ...
. On April 4, 2023, he pleaded not guilty. The trial began in April 2024, and in May a jury convicted Trump on all 34 counts. The judge consented to two defense sentencing delay requests, resulting in it being scheduled for after the 2024 election.
Some conservative pundits denounced the investigation, with the Republican National Committee
The Republican National Committee (RNC) is the primary committee of the Republican Party of the United States. Its members are chosen by the state delegations at the national convention every four years. It is responsible for developing and pr ...
paying some of Trump's legal fees, while Democrats generally endorsed it. After Trump's indictment, Republican U.S. House Judiciary Committee
The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, f ...
Chair Jim Jordan
James Daniel Jordan (born February 17, 1964) is an American politician who has served in the U.S. House of Representatives as the representative for since 2007. He is a member of the Republican Party (United States), Republican Party.
...
organized a hearing against Bragg, leading the DA to sue him for alleged interference.
Trump Corporation case
''People v. Trump Corporation'' is a state criminal case in New York. In July 2021, an indictment was issued against three defendants: the Trump Corporation and the Trump Payroll Corporation, both constituent entities of the Trump Organization
The Trump Organization, Inc. is an American Conglomerate (company), conglomerate. Privately owned by Donald Trump, it serves as the holding company for most of Business career of Donald Trump, Trump's business ventures and investments, with ar ...
; and Allen Weisselberg, chief financial officer of the Trump Organization. All defendants were charged with scheming to defraud
In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrato ...
, conspiracy
A conspiracy, also known as a plot, ploy, or scheme, is a secret plan or agreement between people (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder, treason, or corruption, especially with a political motivat ...
, tax fraud
Tax evasion or tax fraud is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trust (property), trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax au ...
, and falsifying business records
Falsifying business records is a criminal offense in the laws of several U.S. states.
New York State Elements and punishment
Under New York State law, falsifying business records in the second degree is a class A misdemeanor, while falsifying bus ...
, and Weisselberg was additionally charged with grand larceny
Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of Eng ...
and offering a false instrument for filing.
In August 2022, Weisselberg pleaded guilty to 15 felonies and agreed to testify against the organization in a plea deal A plea bargain, also known as a plea agreement or plea deal, is a legal arrangement in criminal law where the defendant agrees to plead guilty or no contest to a charge in exchange for concessions from the prosecutor. These concessions can include ...
. On December 6, the organization was convicted of all 17 criminal charges it faced, and the organization was fined the maximum allowable $1.6 million.
Asset valuation investigation
The Manhattan DA convened a second grand jury the last week of October 2021; it began to hear evidence on November 4, reportedly to consider charges related to the company's valuation of assets. By November 22, prosecutors were scrutinizing several of the organization's properties for which, between 2011 and 2015, far higher values were presented to potential lenders than were reported to tax officials. In the most extreme case, in 2012, the 40 Wall Street
40 Wall Street (also the Trump Building; formerly the Bank of Manhattan Trust Building and Manhattan Company Building) is a neo-Gothic skyscraper on Wall Street between Nassau and William streets in the Financial District of Manhattan in Ne ...
building was cited as being worth $527 million to the former, but only $16.7 million to the latter. Michael Cohen subsequently stated that prosecutors could "indict Donald Trump tomorrow if they really wanted, and be successful".
By mid-December, an accountant for Trump had testified before the grand jury. Prosecutors were reportedly examining whether the organization provided its outside accountants, Mazars USA, with cherry-picked information with which to prepare favorable financial statements to present to prospective lenders. Mazars provided disclaimers with its financial statements for the organization, indicating that the firm had not audited, reviewed, or given any assurances about them, and noting that "Donald J. Trump is responsible for the preparation and fair presentation of the financial statement in accordance with accounting principles generally accepted in the United States of America." On February 9, 2022, Mazars informed the organization that it would no longer support the financial statements it had prepared for the organization from mid-2010 to mid-2020.
Also on February 22, 2022, Bragg told two of his lead prosecutors, Mark F. Pomerantz and Carey R. Dunne
Carey R. Dunne is an American attorney. He is known for leading the criminal investigation of Donald Trump for the office of the Manhattan District Attorney until his resignation from the case, alongside his colleague Mark F. Pomerantz, in Februa ...
, that he was not ready to indict Trump based on the difficulty of proving that he had criminal intent. The two prosecutors resigned the following day, with Pomerantz writing in his resignation letter that there is "evidence sufficient to establish Mr. Trump's guilt beyond a reasonable doubt" regarding "numerous felony violations" and that Vance had directed his deputies to seek indictments "as soon as reasonably possible". ''The New York Times'' reported that the resignations followed a monthlong pause of evidence being presented to the jury, which was expected to remain seated until the end of April, as well as discussions about charging Trump with conspiracy and falsifying financial records (instead of a fraud charge). The most recent evidence heard was reportedly from Trump's Mazars accountant and an expert in real-estate property valuation from FTI Consulting.
On February 24, Bragg recruited his investigations chief to the lead prosecutor role. The DA's office was expected to continue debating the strength of the case. On April 7, Bragg issued a statement insisting that the investigation was still ongoing, with new evidence being reviewed, and pledged to make the findings public whether or not indictments were made. Witnesses were still being interviewed as of late April, shortly before the jury expired.
According to Pomerantz's 2023 book on the investigation, racketeering
Racketeering is a type of organized crime in which the perpetrators set up a coercion, coercive, fraud, fraudulent, extortionary, or otherwise illegal coordinated scheme or operation (a "racket") to repeatedly or consistently collect a profit. ...
charges were considered for Trump, with Pomerantz comparing the real-estate mogul to mob boss John Gotti
John Joseph Gotti Jr.Capeci, Mustain (1996), pp. 25–26 ( , ; October 27, 1940 – June 10, 2002) was an American '' mafioso'' and boss of the Gambino crime family in New York City. He ordered and helped to orchestrate the murder of Gambin ...
. Trump's lawyer Joe Tacopina
Joseph Tacopina (born April 14, 1966)BFC 1909 Lux SPV S.A. filing in Luxembourg Company Register is an American criminal defense lawyer, media personality, and professional sports executive. He became known as an advocate for high-profile client ...
rejected the comparison. Pomerantz also stated that "To rebut the claim that Trump believed his own 'hype'... we would have to show, and stress, that Donald Trump was not legally insane
The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to a psychiatric disease at the time of the criminal act ...
." According to Pomerantz, prosecutors were weeks away from charging Trump in late 2020 for the discrepancy in 40 Wall Street's valuation (with the "absurd" value reported to tax officials under penalty of perjury
Perjury (also known as forswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an insta ...
being less than the building's total annual rent), but the New York City Law Department
The New York City Law Department, also known as the Office of the Corporation Counsel, is the department of the government of New York City responsible for most of the city's legal affairs. The department is headed by the Corporation Counsel, Muri ...
downplayed this as a standard negotiating tactic. Pomerantz compared Bragg's decision not to follow his predecessor's lead in prosecuting Trump to a plane crash. Bragg defended himself by stating that "Mr. Pomerantz's plane wasn't ready for takeoff." Pomerantz further argued that if anyone else besides Trump or another former president had carried out the same conduct, charges would have immediately been brought against them.
Hush money business records case
''The People of the State of New York v. Donald J. Trump'' was a criminal case against Trump. On March 30, 2023, he was indicted
An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an indi ...
by a Manhattan
Manhattan ( ) is the most densely populated and geographically smallest of the Boroughs of New York City, five boroughs of New York City. Coextensive with New York County, Manhattan is the County statistics of the United States#Smallest, larg ...
grand jury
A grand jury is a jury empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand ju ...
for his role in a scandal relating to hush money
Hush money is an arrangement in which one person or party offers another money or other enticement, in exchange for remaining silent about some illegal, stigmatized, or shameful behavior, action, or other fact about the person or party who has m ...
payments made to the pornographic film actress
A pornographic film actor or actress, pornographic performer, adult entertainer, or porn star is a person who performs sex acts on video that is usually characterized as a pornographic film. Such videos tend to be made in a number of distinct ...
Stormy Daniels
Stephanie A. Gregory Clifford (born Stephanie A. Gregory; March 17, 1979), known professionally as Stormy Daniels, is an American pornographic film actress, Film director, director and former stripper. She has won many industry awards and is a ...
before the 2016 U.S. presidential election
Presidential elections were held in the United States on November 8, 2016. The Republican ticket of businessman Donald Trump and Indiana governor Mike Pence defeated the Democratic ticket of former secretary of state Hillary Clinton and ...
, making him the first U.S. president to be indicted.
On April 4, 2023, he pleaded not guilty. The trial began in April 2024, and in May a jury convicted Trump on all 34 counts. Sentencing was postponed until November 26, 2024. Trump faces a maximum sentence of 136 years in prison.[ ]
Throughout the investigation that led to the indictment, Trump accused district attorney Alvin Bragg
Alvin Leonard Bragg Jr. (born October 21, 1973) is an American politician and lawyer who serves as the New York County District Attorney, covering Manhattan. In 2021, he became the first African American elected to that office. Bragg had previo ...
—the case's prosecutor—of having political motivations. Months before he was indicted, Trump declared that he would run in the 2024 presidential election
This is a list of elections that were held in 2024. The National Democratic Institute also maintains a calendar of elections around the world.
*2024 United Nations Security Council election
*2024 national electoral calendar
*2024 local electoral ...
. The U.S. Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constituti ...
does not disqualify a convicted felon from being president.
Civil investigation
''New York v. Trump'' is a civil investigation and lawsuit by the office of the New York Attorney General
The attorney general of New York is the chief legal officer of the U.S. state of New York and head of the Department of Law of the state government. The office has existed in various forms since 1626, originally established under the Dutch c ...
(AG) alleging that The Trump Organization
The Trump Organization, Inc. is an American Conglomerate (company), conglomerate. Privately owned by Donald Trump, it serves as the holding company for most of Business career of Donald Trump, Trump's business ventures and investments, with ar ...
and several individuals (including operative members of the Trump family
The Trump family is the prominent wealthy family of US president Donald Trump. The family is of Bavarians, Bavarian Germans, German and Scottish people, Scottish descent. They are active in business, entertainment, politics, and real estate. ...
) engaged in financial fraud by presenting vastly disparate property values to potential lenders and tax officials, in violation of New York Executive Law § 63(12). A trial took place from October 2023 to January 2024. As a result of the trial, the presiding judge Arthur Engoron
Arthur F. Engoron ( ; born ) is an American judge serving on the New York Supreme Court since 2013. He presided over the New York civil investigation of the Trump Organization in 2024.
Early life and education
Engoron was born in Queens, New ...
ordered the defendants to disgorge a total of US$364 million of ill-gotten gains, among other penalties.
AG Letitia James
Letitia Ann "Tish" James (born October 18, 1958) is an American lawyer and politician serving since 2019 as the 67th Attorney General of New York, attorney general of New York (NYAG), having won the 2018 New York Attorney General election, 2018 ...
began investigating the organization in early 2019, with public litigation beginning in August 2020 to support her subpoenas
A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...
in the inquiry. In February 2022, Engoron ruled in favor of James's subpoenas, and that April, Donald Trump
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who is the 47th president of the United States. A member of the Republican Party (United States), Republican Party, he served as the 45 ...
was found in contempt of court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the co ...
for not complying with them and Trump was fined $110,000.
In September 2022, the AG sued Donald, his three oldest children ( Donald Jr., Ivanka, and Eric
The given name Eric, Erich, Erikk, Erik, Erick, Eirik, or Eiríkur is derived from the Old Norse name ''Eiríkr'' (or ''Eríkr'' in Old East Norse due to monophthongization).
The first element, ''ei-'' may be derived from the older Proto-N ...
), former chief financial officer Allen Weisselberg, former controller Jeffrey McConney, and ten related companies. That November, Engoron appointed retired judge Barbara S. Jones to monitor the organization regarding potential future fraud. In 2023, Ivanka was released as a defendant due to an expired statute of limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In ...
.
In September 2023, Engoron issued a summary judgment
In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, is a Judgment (law), judgment entered by a court for one party and against another party summarily, i.e., without a full Trial (law), trial. Summa ...
that Trump and his company had committed fraud for years. The judge ordered the termination of the defendants' state business licenses and the dissolution of pertinent limited liability companies
A limited liability company (LLC) is the United States-specific form of a private limited company. It is a business structure that can combine the pass-through taxation of a partnership or sole proprietorship with the limited liability of a ...
(pending appeal). The trial covered six additional claims by the AG and considered further penalties. In October, a gag order
A gag order (also known as a gagging order or suppression order) is an order, typically a legal order by a court or government, restricting information or comment from being made public or passed on to any unauthorized third party. The phrase may ...
was placed on Trump, forbidding him from publicly disparaging court staff; the judge fined Trump $5,000 and $10,000 for two violations of the order that same month. The defense unsuccessfully sought to dismiss the case, as well as related subpoenas and rulings.
In February 2024, Engoron concluded that the "defendants failed to accept responsibility or to impose internal controls to prevent future recurrences" of having "submitted blatantly false financial data" to "borrow more and at lower rates". Engoron assessed Donald Trump and his companies $354 million of disgorgement
Disgorgement is the act of giving up something on demand or by legal compulsion, for example giving up profits that were obtained illegally.
In United States regulatory law, disgorgement is often a civil remedy imposed by some regulatory agenci ...
of ill-gotten gains (not including interest), while Eric and Donald Jr. were assessed $4 million each, and Weisselberg $1 million. These four and McConney were also banned from leading New York organizations from two to three years; Weisselberg and McConney were also permanently banned from having any financial control in such organizations. The judgment was appealed.
In March 2024, the New York Appellate Division, First Department lowered the defendants' required bond from $464 million to $175 million, which would be posted in early April, while staying the bans ordered by Engoron. The bond would later be approved on April 22, 2024. This ruling which approved the bond also resulted in Trump avoiding legal challenges.
Reactions
Some commenters pointed out the irony of Donald Trump being faced with pleading the Fifth Amendment, which he has expressed disdain for doing, saying it implies a party's guilt. In December 2020, Fox News
The Fox News Channel (FNC), commonly known as Fox News, is an American Multinational corporation, multinational Conservatism in the United States, conservative List of news television channels, news and political commentary Television stati ...
host Sean Hannity
Sean Patrick Hannity (born December 30, 1961) is an American conservative television presenter, broadcaster and writer. He hosts ''The Sean Hannity Show'', a radio syndication, nationally syndicated talk radio show, has hosted a Hannity, sel ...
stated that "The president out the door needs to pardon
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...
his whole family and himself because they want this witch hunt
A witch hunt, or a witch purge, is a search for people who have been labeled witches or a search for evidence of witchcraft. Practicing evil spells or Incantation, incantations was proscribed and punishable in early human civilizations in the ...
to go on in perpetuity, they're so full of rage and insanity against the president." Some news outlets speculated that the president might preemptively pardon his children in connection with the criminal case, although the power only applies to federal crimes. At a political rally on July 3, 2021, Trump appeared to acknowledge the truth of the New York prosecutors' criminal charges against his company, then described filing taxes as generally confusing; journalist Andrew Feinberg referred to these statements as an "admission
Admission may refer to:
Arts and media
* "Admissions" (''CSI: NY''), an episode of ''CSI: NY''
*''Admissions'' (film), a 2011 short film starring James Cromwell
* ''Admission'' (film), a 2013 comedy film
* ''Admission'', a 2019 album by Florida sl ...
". A ''Slate
Slate is a fine-grained, foliated, homogeneous, metamorphic rock derived from an original shale-type sedimentary rock composed of clay or volcanic ash through low-grade, regional metamorphism. It is the finest-grained foliated metamorphic ro ...
'' writer compared Trump's alleged confusion about taxes to his prior expertise, for example saying he was "smart" for not paying income tax during certain years while debating Hillary Clinton
Hillary Diane Rodham Clinton ( Rodham; born October 26, 1947) is an American politician, lawyer and diplomat. She was the 67th United States secretary of state in the administration of Barack Obama from 2009 to 2013, a U.S. senator represent ...
in 2016.
In mid-2021, the Republican National Committee
The Republican National Committee (RNC) is the primary committee of the Republican Party of the United States. Its members are chosen by the state delegations at the national convention every four years. It is responsible for developing and pr ...
(RNC) agreed to financially support Trump's legal defense in both inquiries. In October, it paid $121,670 to a law firm employed by Trump. The next month, a Republican (GOP) spokesperson called Trump "a leader of our party hose
A hose is a flexible hollow tube or pipe designed to carry fluids from one location to another, often from a faucet or hydrant.
Early hoses were made of leather, although modern hoses are typically made of rubber, canvas, and helically wound w ...
record of achievement is critical to the GOP" and referred to the investigations as a "never ending witch hunt" by Democrats. In December, it was reported that the RNC had agreed to pay up to $1.6 million of Trump's legal expenses for both cases. Some sources have pointed out that the matters being investigated took place prior to Trump becoming president. Speaking to Hannity on Fox News in February 2022, Eric Trump argued that the investigations were only being conducted because his father was "clearly the frontrunner for 2024". In early July 2022, the ''Washington Examiner
The ''Washington Examiner'' is an American Conservatism in the United States, conservative news magazine based in Washington, D.C., consisting of a website and a weekly printed magazine. It is owned by Philip Anschutz through MediaDC, a subsidiar ...
'' reported that Trump was considering announcing his presidential run soon, apparently in order to increase his sway against the "scathing hearings" in the House Select Committee on the January 6 Attack. The RNC indicated that it would cut off legal funding for Trump as required if he officially announced his candidacy. Later in July, ''Rolling Stone
''Rolling Stone'' is an American monthly magazine that focuses on music, politics, and popular culture. It was founded in San Francisco, California, in 1967 by Jann Wenner and the music critic Ralph J. Gleason.
The magazine was first known fo ...
'' reported that Trump hoped to use the executive office to protect him from federal prosecution, but "The law is less clear on whether a president can face prosecution from states while in office."
In January 2022, NBC News
NBC News is the news division of the American broadcast television network NBC. The division operates under NBCUniversal Media Group, a division of NBCUniversal, which is itself a subsidiary of Comcast. The news division's various operations r ...
cited a criminal defense lawyer it employs as a legal analyst, who observed: "Generally, lying to a bank to obtain a loan can be a crime." A New York defense lawyer who worked for Cyrus Vance Jr. called a potential trial against Trump a "logistical nightmare" and "unprecedented in a courthouse that has seen many, many high-profile cases over the decades." The director of public information for New York's state courts points out that 4,000 court officers (with training similar to police) are employed to uphold public safety if necessary. In the wake of the two lead prosecutors resigning from the criminal case, media outlets and a lawyer for Trump opined that the investigation seemed to be unwinding; some noted that while Vance had confidence in the criminal case, his successor, Bragg, exhibited less interest. On April 25, Rise and Resist
Rise and Resist is a United States social advocacy group based in New York City, formed in response to the 2016 election of Donald Trump. The movement has organized several marches and protests against President Trump and his policies, as well as l ...
protesters gathered outside New York County Courthouse
The New York State Supreme Court Building (also the New York County Courthouse) is located at 60 Centre Street on Foley Square in the Civic Center neighborhood of Manhattan in New York City. It houses the Civil and Appellate Terms of the Ne ...
with a large sign reading "Indict Trump". According to a legal expert cited by ''The Guardian
''The Guardian'' is a British daily newspaper. It was founded in Manchester in 1821 as ''The Manchester Guardian'' and changed its name in 1959, followed by a move to London. Along with its sister paper, ''The Guardian Weekly'', ''The Guardi ...
'' in May, the nature of grand juries often favors the prosecution, with only a majority vote needed to secure an indictment, as well as "legally sufficient evidence of a crime and ... reasonable cause to believe that the accused person committed that crime". On a July podcast with John C. Coffee
John C. Coffee Jr. (born November 15, 1944) is the Adolf A. Berle Professor of Law and director of the Center on Corporate Governance at Columbia Law School.
Education
Coffee grew up in Manhasset, New York. He is of Irish descent. He attended ...
, Pomerantz argued that Trump would have been charged if not for his "financial and political influence" and that such an outcome would "vindicate the rule of law
The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
". In early 2023, Cohen opined that Bragg may not have followed in his predecessor's footsteps due to his need to catch up in his new role first.
In early September, law professor Jessica Levinson
Jessica Levinson is an American law professor and political commentator. Levinson teaches at Loyola Law School in Los Angeles, where she lectures in the areas of constitutional law, election law and privacy torts.Loyola Law School, Faculty Pages, h ...
stated on NPR
National Public Radio (NPR) is an American public broadcasting organization headquartered in Washington, D.C., with its NPR West headquarters in Culver City, California. It serves as a national Radio syndication, syndicator to a network of more ...
that Trump's potential campaign for the 2024 presidential election "will have no legal impact on any of the criminal investigations against him utwill have a huge political impact" regarding the rule of law and future elections. On September 22, ''The Wall Street Journal
''The Wall Street Journal'' (''WSJ''), also referred to simply as the ''Journal,'' is an American newspaper based in New York City. The newspaper provides extensive coverage of news, especially business and finance. It operates on a subscriptio ...
'' editorial board—having written earlier in the year that the investigation "looks like more evidence of the decline of America's rule of law"—stated that "Trump has made a business and political career of getting away with whatever he can, and it's easy to imagine he crossed a line." Later in the month, a former assistant DA and asset forfeiture
Asset forfeiture or asset seizure is a form of confiscation of assets by the authorities. In the United States, it is a type of criminal-justice financial obligation. It typically applies to the alleged proceeds or instruments of crime. This ap ...
chief in the Manhattan DA's office argued, "This is going to be a very difficult case for the defendants to win. One of the best defenses to this matter is to delay." ''New York Times'' columnist Gail Collins
Gail Collins (born November 25, 1945) is an American journalist, op-ed columnist and author, most recognized for her work with ''The New York Times''. opined that Trump supporters would not be alienated by the former president's apparent fraud due to his already being well-known for distorting the truth.
A ''Curbed
Curbed is an American real estate and urban design website published by ''New York'' magazine. Founded as a blog by Lockhart Steele in 2006 to cover New York City real estate, it grew by 2010 to feature sub-pages dedicated to specific real ...
'' article from October about the state of Trump's real-estate empire in New York City concludes that "In effect, his footprint in New York has already been shrinking for years, and James's lawsuit, while it may never come to fruition, has already laid that bare." Michael Cohen predicted that the lawsuit would "financially destroy" Trump and lead to his being perp walk
A perp walk, walking the perp,The term "perp" is short for "perpetrator", and is commonly used by Police#United States, police departments for those they arrest. It is legally inaccurate since the arrested individual's guilt (law), guilt has not ...
ed.
On November 4, 2022, citing McConney's stated involvement in providing fringe benefits, Andrea Bernstein stated on NPR that "under New York law, the company is criminally liable if high managerial agents commit crimes." On November 14, CBS News
CBS News is the news division of the American television and radio broadcaster CBS. It is headquartered in New York City. CBS News television programs include ''CBS Evening News'', ''CBS Mornings'', news magazine programs ''CBS News Sunday Morn ...
cited a former employee of the organization's accounting department as saying that he knew about Allen and Barry Weisselberg's fringe benefits and that the former's propinquity with Trump was known within the department. On November 15, ''New York Daily News
The ''Daily News'' is an American newspaper based in Jersey City, New Jersey. It was founded in 1919 by Joseph Medill Patterson in New York City as the ''Illustrated Daily News''. It was the first U.S. daily printed in Tabloid (newspaper format ...
'' asserted that the removal of Weisselberg's name from a copy of a page from Trump's ledger (provided to a New York City grand jury in 2021) might constitute obstruction of justice
In United States jurisdictions, obstruction of justice refers to a number of offenses that involve unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investiga ...
. After the defense in the criminal trial rested its case, ''Reuters'' argued that the testimony of its witness Donald Bender "appeared to backfire ... and bolster the prosecution's case".
In mid-November 2022, CBS News reported that three law firms involved in the criminal trial had received more than $500,000 from the Save America
Save America (founded on November 9, 2020) is a leadership political action committee founded and controlled by 45th President and 47th President Donald Trump. It has been Trump's primary fundraising and political spending arm since he left hi ...
PAC
Pac or PAC may refer to:
Aviation
* IATA code PAC Albrook "Marcos A. Gelabert" International Airport in Panama City, Panama
* Pacific Aerospace Corporation, New Zealand, manufacturer of aircraft:
** PAC 750XL
** PAC Cresco
** PAC CT/4
** PA ...
and the RNC over the previous two months. Some political experts have argued that the fallout of the criminal conviction would do little to damage Trump's political career due to his not being personally convicted. Contrarily, some with inside knowledge of the investigations argue that Trump was personally implicated via the guilty verdict against his company, despite denials of wrongdoing made on his behalf. An indictment or even a conviction would not constitutionally bar Trump from the presidential election.
In February 2023, ''The New York Times'' reported that in 2021 and 2022, the Save America PAC spent $16 million in legal-related payments, some which were directed to firms representing Trump's company.
On November 16, a New York appeals court ruled that Cohen could sue the organization to reimburse legal fees (in the range of millions of dollars) for Trump-related litigation including the investigations by the DA and AG. After the organization's conviction in the criminal case, Cohen stated that Trump "should be very uncomfortable" regarding his own testimony to the DA's office. Some speculated that the conviction would be highly damaging to the company's reputation, with a law professor at Pace University
Pace University is a private university with campuses in New York City and Westchester County, New York, United States. It was established in 1906 as a business school by the brothers Homer St. Clair Pace and Charles A. Pace. Pace enrolls about ...
calling it a "death knell". Bloomberg
Bloomberg may refer to:
People
* Daniel J. Bloomberg (1905–1984), audio engineer
* Georgina Bloomberg (born 1983), professional equestrian
* Michael Bloomberg (born 1942), American businessman and founder of Bloomberg L.P.; politician a ...
opined that the felony charges would be eclipsed by their impact. New York City Councilmember Shekar Krishnan
Shekar Krishnan (born June 5, 1985) is an American attorney and politician who is a member of the New York City Council for the 25th district, which covers the northwestern Queens neighborhoods of Jackson Heights, Elmhurst, parts of East Elmhu ...
called for the city's parks department to terminate a golf-course contract with an organization affiliate (previously unsuccessfully attempted by former mayor Bill de Blasio
Bill de Blasio (; born Warren Wilhelm Jr., May 8, 1961; later Warren de Blasio-Wilhelm) is an American politician who was the List of mayors of New York City, 109th mayor of New York City, mayor of New York City from 2014 to 2021. A member of t ...
in response to the January 6 U.S. Capitol attack), but a spokesperson for Mayor Eric Adams
Eric Leroy Adams (born September 1, 1960) is an American politician and former police officer who has served as the 110th mayor of New York City since 2022. Adams was an officer in the New York City Transit Police and then the New York City P ...
pointed out that the affiliate itself was not convicted, so "ending the contract we inherited would likely still require the city to pay up to tens of millions of dollars to the Trump affiliate". On January 1, 2023, an MSNBC
MSNBC is an American cable news channel owned by the NBCUniversal News Group division of NBCUniversal, a subsidiary of Comcast. Launched on July 15, 1996, and headquartered at 30 Rockefeller Plaza in Manhattan, the channel primarily broadcasts r ...
opinion columnist cited the investigations amongst several others in arguing that Trump was likely to be charged that year. Writing for ''New York Daily News'', investigative journalist David Cay Johnston
David Cay Boyle Johnston (born December 24, 1948) is an American investigative journalist and author, a specialist in economics and tax issues, and winner of the 2001 Pulitzer Prize for Beat Reporting.
From July 2011 until September 2012 he was ...
opined that Trump could be convicted on "easy-to-prove state income tax fraud charges" based on documents available to the DA's office, including Trump's publicly released tax returns which Johnston said were "rich with what the IRS calls 'badges of fraud,'" such as "hundreds of thousands of dollars in unexplained expenses" on numerous Schedule C forms showing zero income and "revenues and expenses that uspiciously matchto the dollar". Johnston pointed out that the former method was used by Trump in 1984 and (according to Johnston) found by New York judges to constitute civil tax fraud, which he argued that Trump undoubtedly knew before repeating 26 times, thus providing evidence of ''mens rea
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before th ...
'' (knowledge of one's criminal intent).
''The Independent
''The Independent'' is a British online newspaper. It was established in 1986 as a national morning printed paper. Nicknamed the ''Indy'', it began as a broadsheet and changed to tabloid format in 2003. The last printed edition was publis ...
'' pointed out that hours after the organization was sentenced, Donald Trump Jr. made a social-media post ridiculing paying taxes, implying it supports foreign interests, namely Ukraine
Ukraine is a country in Eastern Europe. It is the List of European countries by area, second-largest country in Europe after Russia, which Russia–Ukraine border, borders it to the east and northeast. Ukraine also borders Belarus to the nor ...
in its defense against Russian invasion.
Some political experts have argued that the fallout of the December 2022 criminal conviction would do little to damage Trump's political career due to his not being personally convicted. Contrarily, some with inside knowledge of the investigations argue that Trump has been personally implicated via the guilty verdict against his company, despite denials of wrongdoing made on his behalf.
Writing for ''The New York Times'', Maggie Haberman
Maggie Lindsy Haberman (born October 30, 1973) is an American journalist, a White House correspondent for ''The New York Times'', and a political analyst for CNN. She previously worked as a political reporter for the ''New York Post'', the ''Ne ...
cited the investigations as being two of several against Trump highlighting his similar defensive tactics, summarized by former U.S. attorney and FBI official Chuck Rosenberg
Chuck Rosenberg is an American attorney who served as Acting Administrator of the Drug Enforcement Administration from 2015 to 2017. He formerly served as the U.S. Attorney for the Eastern District of Virginia (EDVA) and for the Southern District ...
as being that "he thinks that everything can be bought or fought."
On February 22, 2023, ''Forbes'' reported that "new revelations about Trump Tower suggest that the building is—and always was—something of a fraud." The article cites (1) "Property records howingthat rumphas been lying about the financial performance of the building since it first opened in 1983," (2) financial documents indicating that "Trump lied about the square footage of the office and retail space at the base of the property" (separate from the inflation of his penthouse), and (3) "Portions of a ewly released2015 audio recording hich
Ij () is a village in Golabar Rural District of the Central District in Ijrud County, Zanjan province, Iran
Iran, officially the Islamic Republic of Iran (IRI) and also known as Persia, is a country in West Asia. It borders Iraq ...
prove that Trump was personally involved in the efforts to lie about the value of Trump Tower's commercial space". ''Forbes'' concluded that "The Trump Organization lied about the value of its properties to lenders for years, and although multiple people ... participated ... the person at the center of the deceit was Donald Trump."
On April 12, Trump sued Cohen for allegedly revealing his confidences and "spreading falsehoods" about him, citing the criminal case. Cohen's lawyer Lanny Davis argued that "Trump appears once again to be using and abusing the judicial system as a form of harassment and intimidation," while Trump's lawyer Chris Kise
Christopher Michael Kise (born 1964 or 1965) is an American lawyer who served as the second Solicitor General of Florida from 2003 to 2006.
Kise has served on the board of directors of Enterprise Florida, was an advisor to Republican politician ...
argued that "at some point someone needs to hold this serial liar ohen
Ohen was the eighth Oba (monarch) of the Benin Kingdom, who ruled from . He was the son of Oba Oguola and successor of Oba Udagbedo, who had conquered the Ekiti and Akure kingdoms and built the first moat around Benin City. He expanded the B ...
accountable." However, on October 5, the charges were dropped "without prejudice" (reserving the right to reiterate them later).
House probe of Bragg
On March 20, 2023, three House Republicans ( Judiciary Committee Chair Jim Jordan
James Daniel Jordan (born February 17, 1964) is an American politician who has served in the U.S. House of Representatives as the representative for since 2007. He is a member of the Republican Party (United States), Republican Party.
...
, Oversight Committee Chair Jim Comer, and Administration Committee
The Administration Committee is a select committee of the House of Commons in the Parliament of the United Kingdom. It has a remit "to consider the services provided for and by the House of Commons".
This is a cross-party committee that is made ...
Chair Bryan Steil
Bryan George Steil ( ; born March 3, 1981) is an American attorney, businessman, and Republican politician from Janesville, Wisconsin. He is a member of the United States House of Representatives, representing Wisconsin's 1st congressiona ...
) sent Bragg a letter demanding documents and testimony related to the investigation. They called Trump's potential indictment "an unprecedented abuse of prosecutorial authority" based on "a novel legal theory" including purportedly expired statutes of limitations, saying the charge would "erode confidence in the evenhanded application of justice and unalterably interfere in the ... 2024 presidential election". They set a deadline of March 23 to discuss setting up a hearing before Congress they wanted Bragg to appear for. Jordan defended Trump's alleged wrongdoing as a "bookkeeping error" and asserted that Bragg's office was subject to congressional oversight because it receives federal grants
A grant is a funding, fund given by a person or organization, often a Government, public body, charitable foundation, a specialised grant-making institution, or in some cases a business with a corporate social responsibility mission, to an indi ...
. A DA spokesperson responded on March 20 that "We will not be intimidated by attempts to undermine the justice process, nor will we let baseless accusations deter us from fairly applying the law." On March 23, a DA lawyer called the demand unprecedented and illegitimate, saying it was based on Trump's assertion he would be indicted on March 21 and arguing that compliance would reveal confidential information and interfere with the investigation.
Though Pomerantz said in March that he would not cooperate with the House probe, on April 5, Jordan subpoenaed him for testimony about his resignation (initially scheduled for April 20); Bragg denounced the effort as an "attempt to undermine an active investigation". On April 11, Bragg sued Jordan over the House's efforts—calling them a "transparent campaign to intimidate and attack" his case as well as a "fishing expedition
A fishing expedition is an informal, pejorative term for a non-specific search for information, especially incriminating information. It is most frequently organized by policing authorities.
Media
In the United Kingdom, Abu Hamza and Yaser al-Sirr ...
"—seeking to block the subpoena of Pomerantz and requests for other confidential evidence. The same day, U.S. federal judge Mary Kay Vyskocil
Mary Kay Vyskocil (born March 22, 1958) is a United States district judge of the United States District Court for the Southern District of New York and a former United States bankruptcy judge for the same court. President Donald Trump nominated ...
denied the DA's request for emergency relief. On April 19, Vyskocil ruled that the subpoena of Pomerantz was valid on the basis that Congress was probing a legislative issue, namely the use of federal funding. Bragg's team argued that, though federal funds were used in the case against the organization, they were not used to indict Trump. A lawyer for Pomerantz said his client saw the subpoena as "an improper attempt to obstruct and impede the pending prosecution" of Trump. Vyskocil accused both sides of politically charged rhetoric and criticized Bragg's lawsuit of being excessively negative about Trump. The same day, the Court of Appeals for the Second Circuit granted a temporary stay
Stay may refer to:
Places
* Stay, Kentucky, an unincorporated community in the US
Law
* Stay of execution, a ruling to temporarily suspend the enforcement of a court judgment
* Stay of proceedings, a ruling halting further legal process in a tr ...
against the subpoena. Bragg and Pomerantz were given until April 21 to make further arguments, but that day they recanted the appeal, agreeing that Pomerantz could be questioned on May 12 in the presence of their general counsel
A general counsel, also known as chief counsel or chief legal officer (CLO), is the chief in-house lawyer for a company or a governmental department.
In a company, the person holding the position typically reports directly to the CEO, and their ...
. Pomerantz pleaded the Fifth in some of his answers that day.
Jordan set a Judiciary Committee hearing about Bragg on April 17, broadly alleging that his "pro-crime, anti-victim policies have led to an increase in violent crime". Mayor Adams and other city officials denounced the Judiciary Committee hearing, which Democrats painted as a Republican rouse against Bragg and opted not to televise. Several witnesses were called, including individuals affected by actions of Bragg's they disagreed with.
See also
* List of lawsuits involving Donald Trump
Notes
References
{{Authority control
Donald Trump controversies
Donald Trump litigation
The Trump Organization