Attorney General New York Letitia James wants to talk to Eric Trump.
Officially, she waited months.
It all comes down to his family’s financial records, which are hard to come by. The Trump organization has been in the eye of the Attorney General’s Office since March 2019, after Michael Cohen, the disgruntled former senior director of the Trump Organization, copies copies of President Donald Trump’s financial statements for 2011, 2012 and 2013 produced to Congress. Cohen testified that the statements inflated the values of Trump’s ability to obtain favorable terms for loans and insurance, while also deflating the value of other assets to reduce taxes on real estate.
In a statement issued Monday, the Attorney General’s Office stated, “In dispute, there are seven steps that the Attorney General’s Office (OAG) would provide thousands of documents and testimony from multiple witnesses about. various, specific characteristics and transactions of Trump Organization.The action seeks, among other things, to compel the testimony of Trump Organization Executive Vice President Eric Trump, who was closely involved in one or more transactions under consideration, as well as the production of thousands of documents incorrectly remembered. ‘”
In the statement, it was noted that the younger Trump “refuses to appear for a scheduled, submitted interview.”
That subpoena went back to May 26, when the attorney general officially went to those documents and the testimony of the younger Trump. Originally, Eric Trump, 36, agreed to appear for an exam in July. Then, less than two days before, lawyers wrote for the Trump Organization to tell that Attorney General Eric Trump would probably not be produced for testimony.
Since then, the younger Trump, who is not only the executive vice president of the Trump Organization but also a “keeper” of the company’s registers, along with the Trump Organization, have continued to oppose efforts by ‘ the office of the Advocate General to take his testimony. and get records. The Trump Organization apparently wanted confirmation that the probe was merely a civilian investigation – as opposed to criminal. If it’s a criminal investigation, and Eric Trump is a target, then he should not volunteer to talk to law enforcement, the organization said.
In light of recent court submissions, resistance is a smart move – but probably useless.
On Monday, the attorney general moved beyond the merits of negotiations, and instead asked a court in New York to compel Eric Trump, the Trump Organization and other Trump entities, individuals and law firms, hand over the documents, and for Eric Trump sit down and witness.
“Nothing will stop us from following the facts and the law, wherever they may lead. For months, the Trump Organization has made baseless claims in an attempt to protect evidence of a legal investigation into its financial dealings,” he said. statement by James by. “They have stopped, recalled documents and instructed witnesses, including Eric Trump, to refuse to answer questions under oath. Therefore, we have filed a motion to compel the Trump Organization to comply with the lawful statements of our Office of Documents and Testimonies. ”
Among the properties specifically examined by James’ office are the Trump International Hotel and Tower Chicago, the Seven Springs estate, an extensive 212-acre property in Westchester, New York, the Trump National Golf Club Los Angeles, and 40 Wall Street.
From a legal standpoint, Eric Trump and the Trump Organization have reason to be concerned about this investigation. State attorneys are generally criminal prosecutors, as are local district attorneys or federal prosecutors. However, state attorneys generally take on broader roles, such as consumer protection and anti-fraud. For that reason, they do a lot of civil litigation.
In New York, for example, the legislature has given the Attorney General’s Office extended authority to investigate what is called ‘fraudulent’ business activity. The Attorney General’s Office can sue a company that repeatedly breaks the law. It can also prosecute a suspect who is engaged in repeated fraudulent acts, regardless of whether the acts themselves are illegal. “Fraud” is generally defined as anything that tends to deceive, or that creates an “atmosphere of fraud.” The Attorney General may ask a court to order a stop to the holding, and to order monetary fines from the firm. It has used this law many times in the past, for example against the now shuttered Trump University.
The court’s application issued this week is being partially redacted, but it still shows a lot about its investigation. The Attorney General’s Office (OAG) claims that it has “determined that Eric Trump probably has information relevant to the OAG investigation. [redacted]. Prosecutors often edit court submissions if the information could jeopardize an ongoing investigation by exposing alleged criminal behavior before they are ready to formally prosecute someone.
The OAG then claims that “Eric Trump was intensely involved in the Trump Organization’s development efforts.” The next section, which probably describes these efforts, has been completely redacted.
Whatever lies behind the newsrooms, two things about them must be true: Eric Trump has information; and it is the kind of information that the OAG edits because it relates to confidential research. In other words, the OAG’s “fraud” investigation may be civil in nature, but there are also enough criminal statutes that apply to fraudulent conduct.
The Trump organization’s lawyers did not really have to ask if the OAG’s investigation is limited to a “civilian” investigation. A civil investigation can always evolve into a criminal investigation if it is conducted by a law enforcement agency. It is possible that the Trump Organization initially agreed to work as a staging tactic; more likely, however, he felt increasingly uneasy about the direction of the OAG’s investigation.
For that reason, Eric Trump’s lawyers are likely to tell him that it would be wise to at least try to counter evidence. He probably will not succeed. Summonses like these are maintained by courts unless they seek “completely irrelevant” material as they are obviously useless. Even if Eric Trump claims a privilege for Fifth Amendment against self-incrimination, a court will probably not allow him to refuse to appear on that basis. He will probably have to testify and claim the Fifth Amendment after questions have been asked.
It’s harder for a company to resist producing documents than it is to produce people to testify. The OAG will most likely get the documents they want from the Trump Organization, and it will probably get Eric Trump’s testimony as well. If he claims the Fifth Amendment during questioning, the OAG will probably see that as a victory as well.
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