There is a way to have Donald Trump and his children face criminal charges for well-documented financial crimes. Pulitzer Prize winning reporter, David Cay Johnston, has found it, and he wants to share it.
As you likely know, on Thursday, New York Attorney General Barbara Underwood filed a civil lawsuit against Donald Trump, Don Jr, Eric and Ivanka, over the misuse of Trump Charitable Foundation funds. Basically the president used his charitable foundation to benefit himself, his businesses and his presidential campaign and, as Underwood wrote there was “… a failure to follow basic fiduciary obligations or to implement even elementary corporate formalities required by law.” with all this illegality why is there just a civil suit with no criminal charges?
Underwood wasn’t able to indict the Trump family because of technicalities in New York state law. The technicalities deny the attorney general the right to bring criminal charges without a referral from a state agency that is not under her own jurisdiction.
Well, the New York State Department of Taxation and Finance is not under AG Underwood’s jurisdiction, so as Johnston explains….
“There is one person who can persuade Underwood to indict Trump, his three oldest children and others—New York Gov. Andrew M. Cuomo.
He can direct the New York State Department of Taxation and Finance to refer the matter as a tax crimes offense. The attorney general, Underwood, could then seek indictments.”
And if Underwood goes after Trump for tax crimes, she has a strong case against him.
“The Trump Foundation case meets every federal standard for criminal prosecution. The behavior is significant in terms of dollars, it involved many actions over many years and was flagrant and multi-faceted with explanations that lack credibility. It also meets the Justice Department’s general deterrence standard, which includes bringing cases that will encourage broad compliance because they are high profile prosecutions
AG Underwood has already indicated the need for criminal investigation and prosecution of the Trump Foundation and she’s referred those matters to the IRS and the Federal Elections Committee, But by now Trump’s use of his presidential power to bully and manipulate federal justice agencies is old news.
It’s depressingly unclear if any federal agency in this administration will ever hold the president accountable for even the most blatant law breaking. Trump has also, of course, proclaimed that he can pardon himself if federally indicted.
But if Trump faces New York state prosecution, he’d have to defend himself (as would his chldren who were on the board of the Trump foundation) against years of felony tax crimes, and Trump wouldn’t be able to fire, or threaten to fire, the investigators or prosecutors. He also couldn’t use pardons to help himself or his children.
If indicted by Underwood, Trump and family would no longer be above the law. If that miracle idea appeals to you...
Please take action by telling Governor Cuomo to direct the New York State Department of Taxation and Finance to refer the Trump Foundation matter as a tax crimes offense.
Johnston has an action box: www.dcreport.org/...
And here are ways to contact the governor:
Cuomo’s Twitter is @NYGovCuomo.
Please call his office at 518-474-8390.
Cuomo’s mailing address is: The Honorable Andrew M. Cuomo / Governor of New York State / NYS State Capitol Building / Albany, N.Y. 12224.
Cuomo’s email contact form is at: www.governor.ny.gov/
Please spread the word: Governor Cuomo can make sure that Trump is indicted for his decades long, well-documented, criminal use of the Trump Foundation. Cuomo just has to refer the matter to the NY State Department of Taxation and Finance, This would allow New York’s attorney general, Barbara Underwood to bring criminal charges and a strong criminal case against President Trump and his children.
