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New York (Manhattan D.A.) v. Trump Organization - criminal case

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New York (Manhattan D.A.) v. Trump Organization - criminal case

#151

Post by noblepa »

Maybenaut wrote: Thu Dec 08, 2022 12:48 am
noblepa wrote: Wed Dec 07, 2022 4:41 pm

Trump's lawyers are appealing, of course, which is their right. One argument they are expected to make is that Weisselberg orchestrated the scheme with no intent to benefit the corporation, just himself and a few cronies.
That’s the argument they made at trial, but it won’t fly on appeal. When challenging the sufficiency of the evidence, the only way they can win on appeal is if no reasonable jury could have found the appellant guilty. That’s unlikely, based on what has been reported.
I think that I read that one complaint the defense lawyers had, which may make it into their appeal, relates to the instructions that the judge gave the jury regarding this point. I don't recall exactly what they thought was wrong with the instructions, and I certainly have no idea if it will be grounds for a successful appeal.
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#152

Post by Maybenaut »

noblepa wrote: Thu Dec 08, 2022 8:19 am
Maybenaut wrote: Thu Dec 08, 2022 12:48 am
noblepa wrote: Wed Dec 07, 2022 4:41 pm

Trump's lawyers are appealing, of course, which is their right. One argument they are expected to make is that Weisselberg orchestrated the scheme with no intent to benefit the corporation, just himself and a few cronies.
That’s the argument they made at trial, but it won’t fly on appeal. When challenging the sufficiency of the evidence, the only way they can win on appeal is if no reasonable jury could have found the appellant guilty. That’s unlikely, based on what has been reported.
I think that I read that one complaint the defense lawyers had, which may make it into their appeal, relates to the instructions that the judge gave the jury regarding this point. I don't recall exactly what they thought was wrong with the instructions, and I certainly have no idea if it will be grounds for a successful appeal.
An instructional error that forecloses the application of a valid defense would likely succeed. I really doubt that happened, though.
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#153

Post by noblepa »

Some pundits have suggested that, in the aftermath of this conviction, the State of New York could ban The Trump Organization from doing business in the state.

Does that mean that they can not own property in the state? The organization itself could easily re-incorporate itself in New Jersey or some other state, but the real estate that it owns, such as Trump Tower can not be moved. Would a NJ-based Trump Organization be allowed to operate the business of leasing office space in TT, or would they be forced to divest?

Then too, if they re-incorporate in NJ, couldn't it be argued that the new company is not the same one that was banned? How would a court enforce its ruling? Could (would) a court order that no business in which DJT or his family have a financial interest can do business in NY?
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#154

Post by Slarti the White »

noblepa wrote: Mon Dec 12, 2022 2:30 pm Some pundits have suggested that, in the aftermath of this conviction, the State of New York could ban The Trump Organization from doing business in the state.

Does that mean that they can not own property in the state? The organization itself could easily re-incorporate itself in New Jersey or some other state, but the real estate that it owns, such as Trump Tower can not be moved. Would a NJ-based Trump Organization be allowed to operate the business of leasing office space in TT, or would they be forced to divest?

Then too, if they re-incorporate in NJ, couldn't it be argued that the new company is not the same one that was banned? How would a court enforce its ruling? Could (would) a court order that no business in which DJT or his family have a financial interest can do business in NY?
The have already created Trump Organization 2 in Delaware. That was part of the reason that the Manhattan DA got a watchdog appointed to monitor the transfer of assets.
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#155

Post by noblepa »

Slarti the White wrote: Mon Dec 12, 2022 2:39 pm The have already created Trump Organization 2 in Delaware. That was part of the reason that the Manhattan DA got a watchdog appointed to monitor the transfer of assets.
That's kind of my point. Moving the Trump Organization to another state is almost trivial.

I was wondering what can be done and the legal mechanics of preventing TFG and his family from circumventing any court ruling and continuing to do business in NY via proxies or some other shady but legal technique.

How could he legally be prevented from directly or indirectly reaping any benefit from doing business in NY. I am sure that he would have no qualms about working through shell companies or proxies to get around a court order barring him from NY.
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#156

Post by humblescribe »

I ain't no lawyer. That much is patently obvious.

Howsoever, I do know a little about "doing business."

Entities can do business in a variety of forms: Sole proprietor; general partnership; limited partnership; limited liability company; limited liability partnership; corporation.

Most states have laws that cover doing business because for all but the first two, liability is limited. Generally (at least here in good old Cal-eye-for-nye-a) all out-of-state entities must register with the Secretary of State. This registration lists the key players in the organization as well as their agent for "service of process" that must have an address somewhere in the state.

In addition, these out-of-state entities must register with the payroll tax authorities and state income/franchise taxing authorities. Failure to register, file tax returns, and pay entity-level taxes results in suspension of the privilege of "doing business" in that particular state.

That said, If Trump Business #2 is registered/incorporated in Delaware or Alaska or anywhere else, they will still have to register with Albany and list some address within the State of New York for service of process. I would think that they could continue to operate as before with their real estate holdings within the state.

While you are correct that the real estate cannot be moved, there are other assets on the books like cash and receivables that can be removed and secreted away. I think that the AG is concerned that tRump and his minions will scorch their non-real estate assets and take all they can with impunity. Then file bankruptcy and walk away from the real estate for the amount of debt that is securing all his properties.
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#157

Post by MN-Skeptic »

New York Attorney General Asks Federal Judge in Florida to Dismiss Donald Trump’s Attempt to ‘End-Run’ New York Fraud Suit
New York Attorney General Letitia James asked a federal judge in Florida to reject former President Donald Trump’s second attempt to “end-run” her fraud lawsuit against him in Manhattan.

“This action is Mr. Trump’s second improper attempt to collaterally attack and end-run around rulings that have been issued by the presiding judge in the New York proceedings, Justice Arthur Engoron,” the AG’s assistant wrote in a 23-page motion to dismiss.

Engoron, who once found Trump in contempt of court for defiance of a subpoena, presided over the years long fraud investigation and currently presides over the lawsuit it produced. James accuses Trump, his adult children and his business of having engaged in pervasive fraud, over the course of roughly a decade.

James notes that the Trump filed his first such attempt one year ago in a federal court in upstate New York, before the attorney general filed her lawsuit but during the height of her investigation. Trump claimed that the Democratic attorney general’s probe was politically motivated, but a federal judge dismissed that case, finding no reason for a federal court to interfere with state proceedings.

“This second attempt to evade the New York proceedings and Justice Engoron’s authority should meet the same fate for many, independent reasons,” the motion states.

She argued that a federal judge in Florida has no jurisdiction over a New York attorney general.
More at the link. Motion is found here.
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#158

Post by Tiredretiredlawyer »

Does Judge Engoron have elf ears? His name sounds Elven. And he's on to Trump's trickery.
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#159

Post by RTH10260 »

note: T-Org mentioned as felon!
Florida Judge Will Not Be Granting Trump's Request To Tell New York Attorney General How To Do Her Job
Surely Trump and his esteemed counsel will rethink the wisdom of this whole exercise. What with their sterling judgment and unparalleled command of the rules of civil procedure.

By LIZ DYE
on December 21, 2022 at 6:13 PM

Safe to say US District Judge Donald Middlebrooks is tired of Donald Trump’s bullshit. The South Florida jurist just got through the first round of sanctioning Trump’s lawyers in that garbage fire RICO suit against Hillary Clinton and James Comey. And now New York Attorney General Letitia James removed that insane complaint Trump filed against her in Palm Beach County Circuit Court to federal court, landing on his docket.

Surely Trump’s new lawyers from the St. Petersburg law firm Weber Crab Wein will be on their best behavior, lest they find themselves on the pointy end of a Rule 11 motion. Right?

The AG already filed a motion to dismiss this dumb turkey, which purports to seek relief against her in her personal capacity to prevent her seeking judicial enforcement of an order to turn over the paperwork for his revocable trust. How private citizen James would go about accessing this document is unclear, and indeed all the exhibits entered into the record show communications with attorneys in the AG’s office. But that is a WTF for another day, because in the meantime, Trump moved for a temporary injunction to stop James accessing the disputed trust records.

Unsurprisingly, the court was not terribly receptive to Trump’s demand for so-called emergency relief.

Defendant raises four reasons—all of which are likely correct—why Plaintiff has no substantial likelihood of success on the merits. First, it is not at all clear that a federal court sitting in West Palm Beach, Florida, has personal jurisdiction over the Attorney General of New York. Second, this action is barred by New York’s interstate sovereign immunity. Third, this action is barred by issue and claim preclusion. And fourth, this action is barred under the Rooker-Feldman doctrine. I will briefly address Plaintiff’s responses in turn.

The court went on to note that “it is not at all obvious, and Plaintiff cites no case law for support, that the Florida Trust Code was intended to reach government officials lawfully bringing enforcement actions for alleged fraud.”

Judge Middlebrooks further characterized the argument that James is being sued in her personal, rather than official, capacity as “plainly frivolous,” remarking that the complaint includes the same ranting “almost verbatim” about bias and improper prosecution that Trump included in his fruitless filings before New York Supreme Court Justice Arthur Engoron, as well as his dumb, doomed attempt to get a New York federal court to intervene and make the AG stop investigating him.

Calling the claim of irreparable harm from having his estate plan disclosed “quintessentially speculative,” the court points out that Trump’s attorney Alina Habba, of the aforementioned sanctions motion, has proposed handing over a redacted version of the trust documents without the estate planning provisions, and the AG has apparently accepted the compromise.

Finally, the court observes that “The Trump Organization has already been found guilty by a New-York jury of several counts of tax fraud…. To now impede a civil Enforcement Action by the New York Attorney General would be unprecedented and contrary to the interests of the people of New York.”




https://abovethelaw.com/2022/12/florida ... o-her-job/
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#160

Post by Volkonski »

Allen Weisselberg, former Trump Org. CFO, sentenced to 5 months in jail

https://www.cnn.com/2023/01/10/politics ... index.html
Allen Weisselberg, former President Donald Trump’s long-time chief financial officer, was sentenced by a New York judge to five months in jail for his role in a decade-long tax fraud scheme after testifying as the state’s witness against the Trump Organization.

Following the court hearing, Weisselberg, 75, is expected to report to Rikers Island, the notorious New York City jail, to begin serving his sentence immediately.

The entrance to Trump Tower on 5th Avenue is pictured in the Manhattan borough of New York City, U.S., June 30, 2021.
Trump Org. fraud trial juror tells CNN the panel was 'serious' and didn't focus on Donald Trump
He pleaded guilty last August to 15 felonies in a deal with prosecutors. As part of the deal, he was required to testify truthfully at the trial of the Trump Organization, pay $2 million in back taxes, interest and penalties, and waive any right to appeal.

Weisselberg admitted he should have paid taxes on off-the-books compensation, totaling roughly $200,000 in one year, which included a luxury Manhattan apartment overlooking the Hudson River, two Mercedes Benz car leases, parking, utilities, furniture and private school tuition for his grandchildren.
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#161

Post by Foggy »

75 and headed to Riker's Island.

Yikes and a half!
Out from under. :thumbsup:
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#162

Post by Ben-Prime »

Foggy wrote: Tue Jan 10, 2023 4:08 pm 75 and headed to Riker's Island.

Yikes and a half!
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#163

Post by Kendra »


Judge counters, saying that if he had not already agreed to the 5 month sentence, he would have imposed a sentence "much greater," specifically citing to Weisselberg testifying about fraudulent payroll payments to his wife so she could collect social security benefits.
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#164

Post by raison de arizona »

Put the old lady fraud in the pokey as well.
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#165

Post by humblescribe »

Unfortunately that is a common solution for many closely-held businesses. Once a principal earns enough each year to max out on SS, why not take some of the compensation that is over the annual threshold and pay it to the spouse instead?

A spouse who has not earned enough SS credits, or who only worked part time generally can apply for benefits under the working spouse's account and receive 50% of that benefit until death, providing they've been married at least ten years.

But if the spouse can boost the earnings high enough and long enough the spouse's benefit will far exceed that granted from the working spouse.

We are talking a 6.2% deduction from the spouse's wage plus another 6.2% employer match.

The Medicare piece of 1.45% is assessed on an infinite amount of wage income.
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#166

Post by Volkonski »

Trump Organization receives maximum fine for N.Y. tax fraud scheme

https://www.axios.com/2023/01/13/trump- ... =editorial
Under New York law, the company faced up to a $1.6 million fine from the verdict.
Trump and his family were not charged in the case.
Earlier this week, former Trump Organization CFO Allen Weisselberg was sentenced to five months in jail for his role in the scheme. He was taken into custody and is expected to serve his sentence at Rikers Island in New York.
Weisselberg pleaded guilty in August to assisting in the scheme and admitted to 15 felonies.
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#167

Post by jemcanada2 »

Is it wrong that I hope Weisselberg is charged with something else in around 6 months? Maybe after 5 months in Riker’s, he won’t feel as strongly about protecting tfg. :batting: :batting:
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#168

Post by humblescribe »

Penalties and fines are not tax deductible. Period. Full stop.

Wonder how these entities will bury this expense on their books. Perhaps the penalty will be paid from the lawyer's escrow account and included as "legal services" on the invoice. That is one way.

Which leads me to a question: Is a lawyer's trust account privileged? It seems to me that as a matter of routine audit of a lawyer or his client, that the receipts and disbursements and invoicing are not privileged, including the trust account. It further seems to me that lapping or other bookkeeping defalcations can easily be concealed by using the trust account.
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#169

Post by Kendra »

CNN reporting Michael Cohen just showed up for a meeting with the D.A.
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#170

Post by Reality Check »

Kendra wrote: Tue Jan 17, 2023 3:02 pm CNN reporting Michael Cohen just showed up for a meeting with the D.A.
When it comes to the Manhattan DA I am from Missouri. So far they could not have helped Trump more if they were a MAGA.

From day 1 it has been f-ing clear that if Cohen was in jail Trump belonged there too. Cohen only did what Trump told him to do. Why has this taken so long?
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#171

Post by Slim Cognito »

:yeahthat:

(and a fellow native Missourian)
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#172

Post by p0rtia »

:yeahthat:

I hear a lot of Michael Cohen, and he is one angry guy. And rightly so. Various levels of LE and justice fucked him over.

Okay, fine, he broke the law (at least in terms of the Stormy Daniels payoffs--he is adamant that he did not commit tax fraud and is pretty convincing about it).

But to let the guy he was working for; whom he broke the law for; go free? That is disgusting and a symptom of a corrupt system. He has it in for Geoffrey Berman, SDNY, and I'd love to see that go somewhere.
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#173

Post by Kendra »

https://www.cnn.com/2023/02/01/politics ... index.html
A top executive of the Trump Organization is expected to appear Thursday before a Manhattan grand jury investigating former President Donald Trump’s alleged role in a hush money payment scheme, people familiar with the matter said.

The executive, Jeffrey McConney, the controller of the Trump Organization, is one of the highest-ranking financial officers at the company and has responsibility for its books and records.

McConney’s planned appearance comes as prosecutors with the Manhattan district attorney’s office are accelerating their investigation into the hush money scheme to stop adult film star Stormy Daniels from going public about a past affair with Trump just before the 2016 presidential election. (Trump has denied the affair.)

A spokesperson for District Attorney Alvin Bragg declined to comment. An attorney for McConney did not respond to requests for comment.
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#174

Post by Kendra »


BREAKING: The Manhattan DA is weighing new charges against Weisselberg for insurance fraud to pressure him to flip on trump.
I was able to open the link, so it's either gifted or a new month :shrug:
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New York (Manhattan D.A.) v. Trump Organization - criminal case

#175

Post by much ado »

NYTimes gift link: Former Trump Executive, Already Jailed, Could Face More Fraud Charges

(It complained when I tried to open link in incognito mode.)
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