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From: Bill Wolf1/19/2022 8:42:38 AM
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N.Y. Attorney General Outlines Pattern of Possible Fraud at Trump Business

The attorney general, Letitia James, released new details of her investigation as she argued for the need to question Donald J. Trump and two of his children under oath.

By Jonah E. Bromwich, Ben Protess and William K. Rashbaum
Published Jan. 18, 2022Updated Jan. 19, 2022, 6:20 a.m. ET

The New York State attorney general, Letitia James, accused Donald J. Trump’s family business late Tuesday of repeatedly misrepresenting the value of its assets to bolster its bottom line, saying in court papers that the company had engaged in “fraudulent or misleading” practices.

The filing came in response to Mr. Trump’s recent effort to block Ms. James from questioning him and two of his adult children under oath as part of a civil investigation of his business, the Trump Organization. Ms. James’s inquiry into Mr. Trump and the company is ongoing, and it is unclear whether her lawyers will ultimately file a lawsuit against them.

Still, the filing marked the first time that the attorney general’s office leveled such specific accusations against the former president’s company. Her broadside ratchets up the pressure on Mr. Trump as he seeks to shut down her investigation, which he has called a partisan witch hunt. Ms. James is a Democrat.

The filing outlined what Ms. James’s office termed misleading statements about the value of six Trump properties, as well as the “Trump brand.” The properties included golf clubs in Westchester County, N.Y., and Scotland, flagship buildings such as 40 Wall Street in Manhattan and Mr. Trump’s own penthouse home in Trump Tower.

Ms. James’s filing argued that the company misstated the value of the properties to lenders, insurers and the Internal Revenue Service. Many of the statements, the filing argued, were “generally inflated as part of a pattern to suggest that Mr. Trump’s net worth was higher than it otherwise would have appeared.”

Ms. James highlighted details of how she said the company inflated the valuations: $150,000 initiation fees into Mr. Trump’s golf club in Westchester that it never collected; mansions that had not yet been built on one of his private estates; and 20,000 square feet in his Trump Tower triplex that did not exist.

“We have uncovered significant evidence that suggests Donald J. Trump and the Trump Organization falsely and fraudulently valued multiple assets and misrepresented those values to financial institutions for economic benefit,” Ms. James said in a statement.

It is unusual for such specific and serious allegations to emerge in court papers — filed less than an hour before a midnight deadline to respond to Mr. Trump’s effort to avoid being questioned — instead of in a formal complaint. Ms. James’s lawyers said that the release of the details would not hamper their investigation, and added that the office was also looking into other conduct not discussed in the filing.

Lawyers for Mr. Trump and his company did not respond to requests for comment.

Because Ms. James’s investigation is civil, she can sue Mr. Trump and his company but cannot file criminal charges. Her inquiry is running parallel to a criminal investigation led by the Manhattan district attorney, Alvin Bragg, which is examining some of the same conduct. Ms. James’s office is participating in that separate investigation, which is continuing. Mr. Bragg, also a Democrat, inherited the inquiry from his predecessor after taking office on Jan. 1.

In early December, Ms. James issued a subpoena for Mr. Trump as well as for Donald Trump Jr. and Ivanka Trump, seeking to question them as part of her civil inquiry. Ms. James already questioned another of Mr. Trump’s sons, Eric Trump, in October 2020. He invoked his Fifth Amendment right against incriminating himself in response to more than 500 questions, the new court filing said.

After receiving the subpoenas, lawyers for Mr. Trump filed a federal lawsuit seeking to halt Ms. James’s civil investigation and to bar her office from participating in the district attorney’s criminal investigation. The lawsuit, which accused Ms. James of violating Mr. Trump’s constitutional rights, argued that her investigation was politically motivated and cited a long list of her public attacks on Mr. Trump.

This month, Mr. Trump’s lawyers also filed court papers in New York State seeking to block Ms. James’s subpoenas, prompting her filing on Tuesday.

Ms. James, who is running for re-election this year, argued in the court papers that while her office had compiled evidence that Mr. Trump’s company had engaged in possible fraud, investigators needed to question Mr. Trump in order to determine who was responsible for “the numerous misstatements and omissions made by him or on his behalf” — and whether they were intentional.

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