Ny ag takes action against trump family1/21/2024 ![]() In the civil context, those who invoked may therefore have caused themselves, and their company, grave harm. That means the judge or jury can infer from a witness’ invocation that the answer they would have given would have been damaging to their case. ![]() Those who invoked their Fifth Amendment rights may have helped themselves in any criminal investigation, but did themselves no favor in the OAG’s civil enforcement action: in New York, the invocation of the privilege in a civil case allows the trier of fact to draw the “strongest” inference against them. (Weisselberg and Eric Trump testified in late 2020, whereas Donald Jr. Their decision may have been based on a calculation that criminal charges against them were unlikely, due to the civil nature of the OAG inquiry and the new Manhattan District Attorney’s reluctance to pursue further criminal charges. It is hard to know why the latter two decided to testify rather than invoke the Fifth. The OAG reviewed hundreds of thousands of documents and deposed numerous witnesses, including Allen Weisselberg and Eric Trump- both of whom invoked the Fifth (more than 500 times each)-and Donald Trump Jr. Trump was held in contempt of the New York state court in April-ultimately paying a fine of $110,000 for his intransigence and the risk of further costs-and only then agreed to comply. Although Trump continues his quixotic campaign to stymie the work of the OAG, he has been unsuccessful at every turn. Trump, and others involved in the investigation, sought to frustrate the OAG’s efforts at the New York trial state level, on appeal in New York, and in federal court. That is despite the years-long fight by Trump, the Trump Organization, and numerous other witnesses to avoid compliance with the OAG’s lawfully issued subpoenas. The OAG has asserted in court papers that it has unearthed sweeping fraudulent and unlawful conduct. The History of the OAG InvestigationĪccording to court filings, the OAG began investigating Trump in March 2019 when Michael Cohen-Trump’s former lawyer and a former executive at the Trump Organization-testified that the Trump Organization inflated the values of Trump’s assets to obtain favorable terms for loans and insurance coverage, while also deflating the value of other assets to reduce real estate taxes.Įver since, the OAG has aggressively investigated whether Trump and the Trump Organization engaged in illegal activity. With today’s filing of this enforcement action, it is important to consider the factual and legal bases for the claims, and how it could serve as a tipping point in cases against Trump, especially in light of the many other existing federal and state investigations. Penalties resulting from those referrals could result in substantial fines, and potentially even imprisonment. In addition to the potential civil penalties associated with today’s complaint, AG James also announced criminal referrals to the Southern District of New York and to the IRS. The sanctions sought by the New York Office of the Attorney General (the “OAG”) are sweeping and potentially devastating: disgorgement of $250 million in profits the cancellation of business certificates for Trump’s corporate entities appointment of an independent monitor at the Trump Organization a 5-year ban on Trump and the Trump Organization entering into any New York commercial real estate transactions or from applying for any loans from any New York entity permanently banning Trump and his adult children from serving as an officer or director of a New York corporation. New York Attorney General Letitia James has announced the filing of a monumental civil enforcement action against Trump, Donald Trump Jr., Eric Trump, Ivanka Trump, the Trump Organization and many other Trump affiliates. Today another bombshell detonated-one that may prove to be the most devastating. ![]() Trump and many of Trump’s associates and family members has reached an intense pitch. In the last month, the array of investigations involving Donald J. Danya Perry, Joshua Stanton and Norman L.
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