With Mueller Probe Complete, Focus Turns to NY Investigations Into Trump Circle and Entities
New York Attorney General Letitia James and two state agencies have launched their own, separate inquiries into president Trump, his inner circle and his business dealings over the past year.
March 25, 2019 at 02:25 PM
6 minute read
With the announcement that no additional indictments are expected from the investigation into Russian interference in the 2016 presidential election by special counsel Robert Mueller III, there's a renewed focus on how several inquiries launched in New York could play out.
New York Attorney General Letitia James and two state agencies have launched their own, separate inquiries into President Donald Trump, his inner circle, and his business dealings over the past year.
The New York state-based investigations into activities of President Donald Trump's circle and business entities have yet to yield major results, except for the shuttering of the Trump's charitable foundation, but they are in their infancy compared to the nearly two-year investigation by Mueller's team. They're also different in substance in that they focus on Trump's activities outside of politics.
The latest inquiry by James' office stemmed from testimony provided by Michael Cohen, Trump's former personal attorney, who told a congressional committee that Trump may have mischaracterized the value of his assets in order to secure financing for a series of business dealings and an effort to buy the Buffalo Bills.
James confirmed to reporters in Albany earlier this month that her office had subpoenaed New Jersey-based Investors Bank and Deutsche Bank as part of the inquiry. The latter bank has been utilized often by the Trump Organization in order to obtain financing.
The scope of that inquiry is unclear, but James confirmed that, at the moment, it remains a civil investigation into Trump and his business dealings, rather than one that could result in criminal charges. James declined to provide details on the investigation but confirmed that it was launched after Cohen testified about the allegedly misleading value of Trump's assets.
A spokeswoman for James' office declined to comment on the status of that inquiry, but two weeks in the world of litigation would be unlikely to have produced any tangible results as of yet.
Another inquiry was launched by the state following Cohen's testimony, this time by the state Department of Financial Services. The agency, which regulates the state's banks and insurance companies, subpoenaed Trump's insurance broker after Cohen testified that Trump also mischaracterized the value of his assets to insurance companies.
The insurance broker, Aon plc, confirmed the subpoena earlier this month, but nothing public has come of that investigation. A spokesman for DFS declined to comment on the status of that probe.
The two less-recent investigations launched by the state are being handled by the state Department of Taxation and Finance. One inquiry, which centers on Trump's charitable foundation, is said to be criminal in nature, according to statements from Gov. Andrew Cuomo earlier this year. The other is a civil investigation into allegations of fraud laid out in an article from The New York Times earlier this year.
The former investigation was launched last year, according to Cuomo, and is a separate probe from the state attorney general's civil litigation against the Trump Foundation, which remains ongoing.
The attorney general's office secured a victory in court when the Trump Foundation was ordered to dissolve immediately, but the lawsuit is far from over. James' office is seeking $2.8 million in restitution and a temporary ban on Trump and his children serving at a New York-based nonprofit.
The lawsuit alleges that the Trump Foundation violated state law when it held a fundraiser for veterans groups in 2016 and allowed the proceeds to be disbursed during a handful of campaign rallies held by Trump later that year. The litigation also claims Trump used funds from the foundation to settle a series of self-dealing transactions.
Attorneys for the Trump Foundation have said neither Trump nor officials from the organization violated the law in any of those instances. Alan Futerfas, an attorney from Manhattan representing the Trump Foundation, has said, because the result of the veterans fundraiser didn't financially benefit Trump, its operations were not unlawful. The other transactions, Futerfas has argued, were immediately reimbursed or were made by mistake.
Less than two months after that suit was launched by former New York Attorney General Barbara Underwood in June last year, Cuomo confirmed to reporters that the state had also undertaken a criminal inquiry into the foundation and the related actions of its officers. A senior official from his administration said at the time that a prosecution could be possible in the future related to that investigation.
“Gov. Cuomo believes there is one set of rules for everyone, no matter who you are or how much power you have,” the administration official said. “This matter will be investigated to the fullest possible extent, and if appropriate, referred for criminal prosecution.”
The second investigation by the state Tax Department was launched after a New York Times article alleged that Trump's family, two decades ago, created a company to siphon money from his father to him and his siblings over time to avoid paying millions in taxes.
The alleged transfers have passed the point of the criminal statute of limitations, but civil claims could still be brought against the scheme. Officials from both the state and New York City tax agencies said in October that they were looking into the claims.
“The Tax Department is reviewing the allegations in the NYT article and is vigorously pursuing all appropriate avenues of investigation,” a spokesman for the state agency said at the time.
A spokesman for the state Department of Taxation and Finance did not immediately respond to a request for comment on the status of either of those investigations.
None of those state inquiries, importantly, has resulted in state criminal charges against Trump or anyone in his inner circle.
The New York Attorney General's Office doesn't have the authority to independently launch criminal investigations in most cases. Those inquiries, instead, have to be referred from a different state agency, which would then allow the attorney general's office to launch a criminal investigation. That hasn't happened as of yet—or at least hasn't been made public.
James, for her part, has been outspoken on her resolve—if any wrongdoing is found through any inquiry conducted by the state—to bring charges against Trump, his family or his business associates. A spokeswoman for the state attorney general's office declined to comment on the status of any investigation before the office.
READ MORE:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrump Picks Personal Criminal Defense Lawyers for Solicitor General, Deputy Attorney General
SEC Under Trump 2.0 Likely to Take More 'Measured' Enforcement Approach, Observers Say
Decision of the Day: Attorney in Social Security Case Awarded Fees, But Must Pay Client Refund Under Equal Access to Justice Act
Trending Stories
- 1McCormick Consolidates Two Tesla Chancery Cases
- 2Amazon, SpaceX Press Constitutional Challenges to NLRB at 5th Circuit
- 3Schools Win Again: Social Media Fails to Strike Public Nuisance Claims
- 4Spencer Lawton, Savannah Prosecutor Who Tried ‘Midnight in the Garden’ Case, Dies at 81
- 5Uber Not Responsible for Turning Over Information on 'Dangerous Riders' to Competitor, Judge Finds
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250