Author Topic: trump foundation legal issues  (Read 775 times)

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trump foundation legal issues
« on: June 14, 2018, 11:13:24 AM »

Offline slamtheking

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so, this just popped up concerning the Trump foundation and questionable (yet not surprising) legal/financial dealings. 

https://www.aol.com/article/news/2018/06/14/new-york-sues-to-dissolve-donald-j-trump-foundation/23459080/
NEW YORK, June 14 (Reuters) - New York's attorney general on Thursday sued the Donald J. Trump Foundation, U.S. President Donald Trump, and others, and is seeking to dissolve the foundation after what she called its "persistent illegal conduct" over more than a decade.

Barbara Underwood, the attorney general, said the foundation engaged in "extensive unlawful political coordination" with Trump's 2016 presidential campaign, conducted "repeated and willful self-dealing" to benefit his personal and business interests, and violated "basic legal obligations" for nonprofits.

The lawsuit was filed with the New York State Supreme Court in Manhattan.


Anyone have any insights or deeper info on this development?

Re: trump foundation legal issues
« Reply #1 on: June 14, 2018, 11:19:34 AM »

Offline saltlover

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My wife is a tax lawyer specializing in tax-exempt organizations.  When she read the reporting being done on the Trump Organization during the 2016 campaign, she literally said “Do they have a lawyer???”  Assuming that the reports generally proved to be true, this wasn’t remotely surprising.

I can’t speak to whether or not the allegations are in fact true, as I doubt anyone can here, but the number of rules the Trump Organization seems to have broken was staggering.
“When an alien resides with you in your land, you shall not oppress the alien. The alien who resides with you shall be to you as the citizen among you; you shall love the alien as yourself, for you were aliens in the land of Egypt: I am the Lord your God.”

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Re: trump foundation legal issues
« Reply #2 on: June 14, 2018, 11:25:13 AM »

Offline csfansince60s

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Clinton foundation .....Trump foundation....The scrutiny for these organizations should be substantial.

Re: trump foundation legal issues
« Reply #3 on: June 14, 2018, 11:27:15 AM »

Offline Donoghus

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No doubt there was "self dealing" going on there.

Sadly, you see that quite a bit from PFs.


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Re: trump foundation legal issues
« Reply #4 on: June 14, 2018, 11:37:14 AM »

Online Roy H.

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Trump's business practices, self-dealing, etc. have always struck me as more of a real issue than the Russia probe.  Guilt seems fairly obvious here.  I'm more curious about the penalty.  If it's just dissolving the Foundation, redistributing remaining assets and paying some restitution, Trump should take that deal, without admitting guilt.

I'm usually pretty skeptical of "foundations" like this, set up for allegedly charitable purposes.  They should all be scrutinized heavily.


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Re: trump foundation legal issues
« Reply #5 on: June 14, 2018, 11:42:36 AM »

Offline footey

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Trump's business practices, self-dealing, etc. have always struck me as more of a real issue than the Russia probe.  Guilt seems fairly obvious here.  I'm more curious about the penalty.  If it's just dissolving the Foundation, redistributing remaining assets and paying some restitution, Trump should take that deal, without admitting guilt.

I'm usually pretty skeptical of "foundations" like this, set up for allegedly charitable purposes.  They should all be scrutinized heavily.

Completely agree.

Re: trump foundation legal issues
« Reply #6 on: June 14, 2018, 11:44:09 AM »

Offline slamtheking

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Trump's business practices, self-dealing, etc. have always struck me as more of a real issue than the Russia probe.  Guilt seems fairly obvious here.  I'm more curious about the penalty.  If it's just dissolving the Foundation, redistributing remaining assets and paying some restitution, Trump should take that deal, without admitting guilt.

I'm usually pretty skeptical of "foundations" like this, set up for allegedly charitable purposes.  They should all be scrutinized heavily.
from a legal perspective (as the resident legal expert we have around here), do you think it's possible that NY could/would bring actual criminal charges against Trump and his foundation even though this was a federal election and if so, could those charges lead to criminal charges (as opposed to civil penalties)? 

If this is indeed possible, Trump wouldn't be able to pardon himself from state charges but I'm not sure this situation would develop along those lines.

Thoughts?

Re: trump foundation legal issues
« Reply #7 on: June 14, 2018, 12:29:01 PM »

Offline slamtheking

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article fleshed out a bit:
https://www.aol.com/article/news/2018/06/14/new-york-sues-to-dissolve-donald-j-trump-foundation/23459080/

my favorite tidbit:
"The sleazy New York Democrats, and their now disgraced (and run out of town) A.G. Eric Schneiderman, are doing everything they can to sue me on a foundation that took in $18,800,000 and gave out to charity more money than it took in, $19,200,000," Trump wrote. "I won't settle this case!"

so, if some of this money went to Trump as alleged, is this his way of saying he's a Charity Case?   ;D

Re: trump foundation legal issues
« Reply #8 on: June 14, 2018, 12:30:36 PM »

Offline hpantazo

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I’m no legal expert at all, but I imagine the accusation that the foundation was involved in extensive illegal collaboration with the 2016 presidential campaign is the bigger issue here.

Re: trump foundation legal issues
« Reply #9 on: June 14, 2018, 12:49:13 PM »

Offline liam

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It's going to take 10 years to unravel the ball of yarn that is Trump's finances...

Re: trump foundation legal issues
« Reply #10 on: June 14, 2018, 01:14:37 PM »

Offline Grindfather

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Trump's business practices, self-dealing, etc. have always struck me as more of a real issue than the Russia probe.  Guilt seems fairly obvious here.  I'm more curious about the penalty.  If it's just dissolving the Foundation, redistributing remaining assets and paying some restitution, Trump should take that deal, without admitting guilt.

I'm usually pretty skeptical of "foundations" like this, set up for allegedly charitable purposes.  They should all be scrutinized heavily.

The Russia probe and Trump's illegal business practices are not mutually exclusive.  Quite the opposite I would wager.

Re: trump foundation legal issues
« Reply #11 on: June 15, 2018, 06:11:06 AM »

Offline Sophomore

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I cannot imagine the IRS pursuing criminal charges here, but if Trump was a lower level politician he might be in trouble.

“Attorney General Barbara D. Underwood referred her findings to the I.R.S. for further investigation.

Any involvement of the I.R.S. puts in play a range of possibilities. The agency has the power to bring civil penalties, and its investigation could lead to federal criminal charges.

Similar behavior has prompted federal prosecutions, according to lawyers who have worked on such cases. ... In 2007, Vincent Fumo, then a powerful Democratic state senator in Pennsylvania, was indicted by the Justice Department for misusing a charity run by a former member of his government staff. A federal jury convicted him. Mr. Fumo’s punishment: four years in prison. ...

[T]he I.R.S. could seek to revoke the foundation’s tax-exempt status. The agency could even do so retroactively, which would stick the foundation with a corporate tax bill going back years.

Ms. Underwood’s petition noted that Mr. Trump signed the foundation’s tax returns, in which he stated, under penalties of perjury, ‘that the foundation did not engage in transactions with interested parties, and that the foundation did not carry out political activity.’ ...

Marcus Owens, who ran the I.R.S. division that oversees nonprofits during the administrations of Presidents George Bush and Bill Clinton, said there have been several cases where people were criminally prosecuted for filing false tax returns of charities they controlled. The difference in Mr. Trump’s case, he said, is that those cases were ‘less egregious.’”

  https://www.nytimes.com/2018/06/14/business/trump-foundation-irs-attorney-general.html

Re: trump foundation legal issues
« Reply #12 on: June 15, 2018, 06:38:30 AM »

Offline Celtics4ever

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Is this a smokescreen because someone did not the FBI report?

We all know Pres. Trump is a bit sleazy, but the FBI....

Re: trump foundation legal issues
« Reply #13 on: June 15, 2018, 08:06:27 AM »

Offline Sophomore

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Is this a smokescreen because someone did not the FBI report?

We all know Pres. Trump is a bit sleazy, but the FBI....

We'll need a new thread if you want to talk about the OIG report on the FBI. I'm happy to talk about that, but let's talk about this one on the merits, separately.

Look at the AG's complaint. He used the charity to pay personal debts and to do political work - repeatedly, blatantly. Among other things he had his campaign officials - like Lewandowski - directing some of the payments in the middle of 2016 to political allies he needed. Then he signed his name to a statement that the foundation was not used this way and avoided millions in taxes.

If you or I did that we would be getting measured for an orange jumpsuit.


Re: trump foundation legal issues
« Reply #14 on: June 15, 2018, 08:11:12 AM »

Offline slamtheking

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Is this a smokescreen because someone did not the FBI report?

We all know Pres. Trump is a bit sleazy, but the FBI....

We'll need a new thread if you want to talk about the OIG report on the FBI. I'm happy to talk about that, but let's talk about this one on the merits, separately.

Look at the AG's complaint. There is no question that he used the charity to pay personal debts and to do political work. Among other things he had his campaign officials - like Lewandowski - directing some of the payments in the middle of 2016 to political allies he needed. Then he signed his name to a statement that the foundation was not used this way - which he needed to do to avoid millions in taxes.

If you or I did that we would be getting measured for an orange jumpsuit.
as much as I would love to see this develop into a big enough issue that it could remove him from office due to severe criminal activities, I highly doubt he'll suffer more than loss of connection to charities in NY and major tax and civil financial penalties. 

I suspect this type of sleazy financial dealings is the primary reason behind him never disclosing his tax returns.