The New York State Department of Taxation and Finance is Investigating the Trump Foundation and could refer its Findings for Criminal Prosecution, Gov. Andrew Cuomo said Thursday. He confirmed the Probe but declined to discuss Details after an event in Brooklyn. The Probe is Examining whether the Foundation, started in 1987, Violated the Law by making Improper Asset Transfers or Misrepresentations about the Associated Tax Liability.
“For the Trump Foundation, the law is the law. It doesn’t matter who you are, the law is the law,” Cuomo said.
The New Probe comes about a Month after Attorney General Barbara Underwood Sued the Trump Foundation, President Trump, and Three of his Adult Children, alleging they Engaged in Self-Dealing and Coordinated Grants to Boost Trump’s Political Activity.
The latest Inquiry provides another avenue for Potential Criminal Charges against the President’s Family in Connection with the Foundation’s Work. Underwood’s Office has Limited Criminal Jurisdiction, but it can bring Charges if the Governor’s Office Grants the Authority.
Gov. Cuomo and his Top Lawyer, Alphonso David, said late Wednesday that they are Open to giving Underwood Prosecutorial Power should she Request it. She has not, and her Spokeswoman said Wednesday that the AG will “continue to evaluate the evidence to determine what additional actions may be warranted, and will seek a criminal referral from the appropriate state agency as necessary.”
The Tax Department routinely refers potential Cases of Tax Fraud to District Attorneys around the State, Cuomo said, and “if they believe it should be referred, they will refer it.”
The idea that the State’s Tax Department could push for Criminal Charges related to the Foundation was popularized earlier this Month by David Cay Johnston, a Journalist. He took to Social Media to urge People to Call the Governor’s Office about the Issue.
Zephyr Teachout, a Law Professor who challenged Cuomo in a 2014 Democratic Primary and is Running to succeed Underwood as Attorney General, has also seized on the Issue. She called on Cuomo to grant Underwood Criminal Authority and said she was “glad to see the governor acting.”
Underwood’s Lawsuit alleges that Trump’s Campaign Team was the driving force behind a January 2016 Fundraiser that the Foundation undertook for Veterans' Groups. Former Campaign Manager Corey Lewandowski asked Trump Organization Chief Financial Officer Allen Weisselberg to make Contributions to coincide with Campaign Activities.
Underwood’s Petition also said the Foundation Failed to Adopt a Conflict of Interest Policy, as required by a 2014 State Law, and made Questionable Donations to Organizations where the purpose of the Gift was used to help Settle Legal Claims involving Trump Businesses.
NYC Wins When Everyone Can Vote! Michael H. Drucker
