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DonViejo

(60,536 posts) Sat Jun 16, 2018, 09:33 AM Jun 2018

Cuomo could order criminal charges against the Trump family: But will he? - By David Cay Johnston

New York’s attorney general can’t indict the Trump family over misuse of foundation funds — but Cuomo could

DAVID CAY JOHNSTON
JUNE 16, 2018 10:00AM (UTC)

The civil lawsuit filed against Donald Trump, three of his children and the Trump Foundation has brought to light a major shortcoming in New York state law that enables criminal fraud conducted through private foundations to escape state prosecution. Manhattan is a major center of private foundations.

Under New York state law, the attorney general lacks fundamental legal authority to bring criminal cases. Indictments can be sought only after another state agency makes a referral to the state attorney general. The state charities bureau could make such referrals, but because it is under the attorney general no indictments could be brought.

The state civil lawsuit alleges years “of illegal conduct by the Foundation and its board members [that] includes improper and extensive political activity, repeated and willful self-dealing transactions, and failure to follow basic fiduciary obligations or to implement even elementary corporate formalities required by law.”

Trump personally used $258,000 of charity money to settle lawsuits, a clear violation of the law. There’s also the $12,000 of charity money Trump spent to buy himself a signed Tim Tebow football helmet, a story the Washington Post broke in July 2016.

Barbara Underwood, who became New York's attorney general after the resignation of Eric Scheiderman, referred criminal matters to the Internal Revenue Service and the Federal Elections Commission.

There is one person who can persuade Underwood to indict Trump, his three oldest children and others: New York Gov. Andrew Cuomo. He could direct the state's Department of Taxation and Finance to refer the matter as a tax crimes offense. Underwood could then seek indictments.

more
https://www.salon.com/2018/06/16/andrew-cuomo-could-order-criminal-charges-against-the-trump-family-but-will-he/

20 replies

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Highlight:

Cuomo could order criminal charges against the Trump family: But will he? - By David Cay Johnston (Original Post) DonViejo Jun 2018 OP

Won't hold my breath. Anon-C Jun 2018 #1

Why so complicated? eom Frustratedlady Jun 2018 #2

Chris should have Andrew on his show oberliner Jun 2018 #3

A most worthy call for action - the officials in NY need to apply due diligence asiliveandbreathe Jun 2018 #4

I'll be calling his office come Monday. nt jrthin Jun 2018 #5

Good saidsimplesimon Jun 2018 #6

What a loophole! kentuck Jun 2018 #7

you missed the point of my piece davidcay Jun 2018 #9

Is it worth asking Cuomo to do this if not a NY resident (in NM)? triron Jun 2018 #15

Here's some more on how this could turn into a criminal case NY_20th Jun 2018 #8

The article you link to gets the matter nowhere davidcay Jun 2018 #11

Thank you for the link. NY_20th Jun 2018 #14

He has an election coming up, he damn well should, we are watching. sunonmars Jun 2018 #10

wrongful attribution davidcay Jun 2018 #12

NY should not do a damn thing without Muellers approval Takket Jun 2018 #13

Why??? triron Jun 2018 #16

kick for visibility triron Jun 2018 #17

Lock. Them. UP! jpak Jun 2018 #18

K&R bluestarone Jun 2018 #19

I have sent email to Gov Cuomo reequesting he take action (using link on DC report article) wishstar Jun 2018 #20

Anon-C

(3,430 posts)

1. Won't hold my breath.

Reply to DonViejo (Original post)

Sat Jun 16, 2018, 09:39 AM

Jun 2018

https://en.m.wikipedia.org/wiki/Poisoning_of_Sergei_and_Yulia_Skripal

Frustratedlady

(16,254 posts)

2. Why so complicated? eom

Reply to DonViejo (Original post)

Sat Jun 16, 2018, 09:40 AM

Jun 2018

oberliner

(58,724 posts)

3. Chris should have Andrew on his show

Reply to DonViejo (Original post)

Sat Jun 16, 2018, 09:45 AM

Jun 2018

asiliveandbreathe

(8,203 posts)

4. A most worthy call for action - the officials in NY need to apply due diligence

Reply to DonViejo (Original post)

Sat Jun 16, 2018, 09:46 AM

Jun 2018

There is one person who can persuade Underwood to indict Trump, his three oldest children and others: New York Gov. Andrew Cuomo. He could direct the state's Department of Taxation and Finance to refer the matter as a tax crimes offense. Underwood could then seek indictments

Gov. Cuomo, do your job!!!!!! - rather than riding that carousel round and round, and always missing that golden ring...

We need more David K Johnson's in the world to right this listing ship...

jrthin

(4,836 posts)

5. I'll be calling his office come Monday. nt

Reply to DonViejo (Original post)

Sat Jun 16, 2018, 09:55 AM

Jun 2018

saidsimplesimon

(7,888 posts)

6. Good

Reply to jrthin (Reply #5)

Sat Jun 16, 2018, 10:13 AM

Jun 2018

I hope your example with encourage other New York Democrats to demand the Governor earns his salary.

kentuck

(111,104 posts)

7. What a loophole!

Reply to DonViejo (Original post)

Sat Jun 16, 2018, 10:53 AM

Jun 2018

"Under New York state law, the attorney general lacks fundamental legal authority to bring criminal cases."

davidcay

(22 posts)

9. you missed the point of my piece

Reply to kentuck (Reply #7)

Sun Jun 17, 2018, 11:17 AM

Jun 2018

You missed the point of my DCReport.org article -- you have the power to close that loophole, not individually but if enough people demand that Cuomo act. Are you going to just post? Or act? And do you plan to tell others because Cuomo will only act if he is forced to by popular demand...

Our ACTION BOX is here:

https://www.dcreport.org/2018/06/15/lawsuit-uncovers-trump-family-values-to-whom-much-is-given-take-more/

triron

(22,007 posts)

15. Is it worth asking Cuomo to do this if not a NY resident (in NM)?

Reply to davidcay (Reply #9)

Sun Jun 17, 2018, 11:52 AM

Jun 2018

NY_20th

(1,028 posts)

8. Here's some more on how this could turn into a criminal case

Reply to DonViejo (Original post)

Sat Jun 16, 2018, 11:26 AM

Jun 2018

Experts: AG suit builds towards possible criminal case against Trump

A lawsuit against the Trump Foundation filed by New York Attorney General Barbara Underwood has forged a path to felony criminal charges and civil charges against the president and his family, charity law experts said. Based on a review of the attorney general’s state court petition, the petition could open the door for prosecutors to pursue cases on the federal, state and local level.

A potential federal criminal case against the president “appears to be extraordinarily strong,” said Marcus Owens, who led the Internal Revenue Service charities enforcement division for 10 years. What the lawsuit alleges, including filing inaccurate federal tax returns and using charity funds for personal or business purposes, could be the basis of felony theft or fraud charges if prosecutors could show criminal intent.

https://www.cityandstateny.com/articles/policy/criminal-justice/donald-trump-criminal-case-new-york

davidcay

(22 posts)

11. The article you link to gets the matter nowhere

Reply to NY_20th (Reply #8)

Sun Jun 17, 2018, 11:20 AM

Jun 2018

The federal government is not going to indict its executive branch leader, which is why I explained at DCReport.org what all of my peers missed -- the path is for Cuomo to refer to the NYState AG, which then acquires the power to indict.

We tell our readers what they can do, whether they like or dislike government action. On this matter, please see our DCREPORT Action Box:

https://www.dcreport.org/2018/06/15/lawsuit-uncovers-trump-family-values-to-whom-much-is-given-take-more/

NY_20th

(1,028 posts)

14. Thank you for the link.

Reply to davidcay (Reply #11)

Sun Jun 17, 2018, 11:37 AM

Jun 2018

I appreciate it.

sunonmars

(8,656 posts)

10. He has an election coming up, he damn well should, we are watching.

Reply to DonViejo (Original post)

Sun Jun 17, 2018, 11:18 AM

Jun 2018

davidcay

(22 posts)

12. wrongful attribution

Reply to DonViejo (Original post)

Sun Jun 17, 2018, 11:22 AM

Jun 2018

This piece is NOT from Salon.com. They only reprinted it.

Please change link to DCReport, the original source:

https://www.dcreport.org/2018/06/15/lawsuit-uncovers-trump-family-values-to-whom-much-is-given-take-more/

Takket

(21,578 posts)

13. NY should not do a damn thing without Muellers approval

Reply to DonViejo (Original post)

Sun Jun 17, 2018, 11:22 AM

Jun 2018

triron

(22,007 posts)

16. Why???

Reply to Takket (Reply #13)

Sun Jun 17, 2018, 11:53 AM

Jun 2018

triron

(22,007 posts)

17. kick for visibility

Reply to DonViejo (Original post)

Sun Jun 17, 2018, 03:35 PM

Jun 2018

jpak

(41,758 posts)

18. Lock. Them. UP!

Reply to DonViejo (Original post)

Sun Jun 17, 2018, 03:44 PM

Jun 2018

Lock. Them. UP!
Lock. Them. UP!
Lock. Them. UP!

bluestarone

(16,976 posts)

19. K&R

Reply to DonViejo (Original post)

Sun Jun 17, 2018, 03:55 PM

Jun 2018

wishstar

(5,270 posts)

20. I have sent email to Gov Cuomo reequesting he take action (using link on DC report article)

Reply to DonViejo (Original post)

Sun Jun 17, 2018, 04:10 PM

Jun 2018

As David Cay recommended, I went into this website where his original article was published and sent email to Gov Cuomo. I mentioned that I am a former NY State resident and my parents were lifelong NY residents and taxpayers as well.

https://www.dcreport.org/2018/06/15/lawsuit-uncovers-trump-family-values-to-whom-much-is-given-take-more/

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