Tag Archives: USANY

Factbox: FACTBOX Georgia on his mind: Donald Trump troubled by more legal woes

Jan 25 (Reuters) – Donald Trump could learn soon whether he or any associates will be charged or cleared of wrongdoing in a Georgia probe into his efforts to overturn his 2020 election defeat, one of a series of legal threats looming over the Republican former U.S. president:

GEORGIA ELECTION TAMPERING PROBE

On Tuesday, the prosecutor in the state of Georgia spoke to a judge on behalf of a special grand jury empanelled in May to investigate Trump’s alleged efforts to influence that state’s 2020 election results.

Fani Willis, the Fulton County district attorney and a Democrat who will ultimately decide whether to pursue charges against Trump or anyone else, said the grand jury had completed its task and decisions were “imminent.”

The investigation focuses in part on a phone call Trump made to Georgia Secretary of State Brad Raffensperger, a Republican, on Jan. 2, 2021. Trump asked Raffensperger to “find” enough votes needed to overturn Trump’s election loss in Georgia.

Legal experts said Trump may have violated at least three Georgia criminal election laws: conspiracy to commit election fraud, criminal solicitation to commit election fraud and intentional interference with performance of election duties.

Trump could argue that his discussions were constitutionally protected free speech.

U.S. CAPITOL ATTACK

The U.S. Justice Department has investigations under way into both Trump’s actions in the 2020 election and his retention of highly classified documents after departing the White House in 2021.

Both investigations involving Trump are being overseen by Jack Smith, a war crimes prosecutor and political independent. Trump has accused the FBI, without evidence, of launching the probes as political retribution.

A special House of Representatives committee investigating the deadly Jan. 6, 2021, assault by Trump supporters on the U.S. Capitol urged the Justice Department to charge Trump with corruption of an official proceeding, conspiracy to defraud the United States, conspiracy to make a false statement and inciting or aiding an insurrection.

The request is non-binding. Only the Justice Department can decide whether to charge Trump, who has called the Democratic-led panel’s investigation a politically motivated sham.

MISSING GOVERNMENT RECORDS

U.S. Attorney General Merrick Garland appointed Smith to investigate whether Trump improperly retained classified records at his Florida estate after he left office in 2021 and then tried to obstruct a federal investigation.

Garland also appointed former U.S. Attorney Robert Hur for Maryland to investigate the removal of classified records in President Joe Biden’s possession dating to his time as vice president.

It is unlawful to willfully remove or retain classified material.

In Trump’s case, the FBI seized 11,000 documents from the former president’s Mar-a-Lago Florida estate in a court-approved Aug. 8 search. About 100 documents were marked classified; some were designated top secret, the highest level of classification.

Trump has accused the Justice Department of engaging in a partisan witch hunt.

NEW YORK ATTORNEY GENERAL CIVIL LAWSUIT

New York Attorney General Letitia James said in a civil lawsuit filed in September that her office uncovered more than 200 examples of misleading asset valuations by Trump and the Trump Organization business between 2011 and 2021.

Former U.S. President Donald Trump speaks during a rally in Commerce, Georgia, U.S. March 26, 2022. REUTERS/Alyssa Pointer/File Photo

A Democrat, James accused Trump of inflating his net worth by billions of dollars to obtain lower interest rates on loans and get better insurance coverage.

A New York judge ordered that an independent monitor be appointed to oversee the Trump Organization before the case goes to trial in October 2023.

James seeks to permanently bar Trump and his children Donald Jr., Eric and Ivanka Trump from running companies in New York state, and to prevent them and his company from buying new properties and taking out new loans in the state for five years.

James also wants the defendants to hand over about $250 million that she says was obtained through fraud.

Trump has called the attorney general’s lawsuit a witch hunt. A lawyer for Trump has called James’ claims meritless.

James said her probe also uncovered evidence of criminal wrongdoing, which she referred to federal prosecutors and the Internal Revenue Service for investigation.

DEFAMATION CASE

E. Jean Carroll, a former Elle magazine writer, has filed two lawsuits accusing Trump of having defamed her when he denied her allegation that he raped her in New York’s Bergdorf Goodman department store dressing room in late 1995 or early 1996.

Trump accuses her of lying to drum up sales for a book.

Carroll first sued Trump after he denied the accusation in June 2019 and told a reporter at the White House that he did not know Carroll, that “she’s not my type,” and that she concocted the claim to sell her new memoir.

The second lawsuit arose from an October 2022 social media post where Trump called the rape claim a “hoax,” “lie,” “con job” and “complete scam,” and said “this can only happen to ‘Trump’!”

That lawsuit includes a battery claim under the Adult Survivors Act, which starting last Nov. 24 gave adults a one-year window to sue their alleged attackers even if statutes of limitations have expired.

A U.S. judge on Jan. 13 rejected as “absurd” Trump’s effort to dismiss the second lawsuit.

Trump and Carroll are awaiting a decision from a Washington, D.C., appeals court on whether, under local law, Trump should be immune from Carroll’s first lawsuit over his June 2019 comments.

That lawsuit would likely be dismissed if the court decided that Trump spoke within his role as president, and continue if Trump spoke in his personal capacity as Carroll argues.

Any decision would have no effect on Carroll’s second defamation and battery lawsuit. A trial in the first lawsuit is scheduled for April 10.

NEW YORK CRIMINAL PROBE

Although Trump was not charged with wrongdoing, his real estate company was found guilty on Dec. 6 of tax fraud in New York state. A judge this month sentenced Trump’s namesake real estate company to pay a $1.6 million criminal penalty, the maximum the judge could impose.

Jurors convicted the Trump Organization, which operates hotels, golf courses and other real estate around the world, of paying personal expenses for top executives including former chief financial officer Allen Weisselberg, and issuing bonus checks to them as if they were independent contractors.

Weisselberg, the company’s former chief financial officer, pleaded guilty and was required to testify against the Trump Organization as part of his plea agreement. He is also a defendant in James’ civil lawsuit.

Reporting by Joseph Ax, Luc Cohen, Karen Freifeld, Sarah N. Lynch, Jonathan Stempel and Jacqueline Thomsen; Editing by Howard Goller

Our Standards: The Thomson Reuters Trust Principles.

Read original article here

Donald Trump’s company to be sentenced for 15-year tax fraud

NEW YORK, Jan 13 (Reuters) – Donald Trump on Friday will learn how the company that bears the former U.S. president’s name will be punished after being found guilty of scheming to defraud tax authorities for 15 years.

A New York state judge will impose the sentence after jurors in Manhattan found two Trump Organization affiliates guilty of 17 criminal charges last month.

The sentencing comes three days after Justice Juan Merchan of the Manhattan criminal court ordered Allen Weisselberg, who worked for Trump’s family for a half-century and was the company’s former chief financial officer, to jail for five months after he testified as the prosecution’s star witness.

Trump’s company faces only a maximum $1.6 million penalty, but has said it plans to appeal. No one else was charged or faces jail time in the case.

Manhattan District Attorney Alvin Bragg’s office, which brought the case, is still conducting a criminal probe into Trump’s business practices.

Bill Black, a professor at the University of Missouri-Kansas City School of Law specializing in white-collar crime, called the expected penalty a “rounding error” that offers “zero deterrence” to others, including Trump.

“This is a farce,” he said. “No one will stop committing these kinds of crimes because of this sentence.”

The case has long been a thorn in the side of the Republican former president, who calls it part of a witch hunt by Democrats who dislike him and his politics.

Trump also faces a $250 million civil lawsuit by state Attorney General Letitia James accusing him and his adult children Donald Trump Jr., Ivanka Trump and Eric Trump of inflating his net worth and the value of his company’s assets to save money on loans and insurance.

Bragg and James are Democrats, as is Bragg’s predecessor Cyrus Vance, who brought the criminal case. Trump is seeking the presidency in 2024, after losing his re-election bid in 2020.

At a four-week trial, prosecutors offered evidence that Trump’s company covered personal expenses such as rent and car leases for executives without reporting them as income, and pretended that Christmas bonuses were non-employee compensation.

Trump himself signed bonus checks, prosecutors said, as well as the lease on Weisselberg’s luxury Manhattan apartment and private school tuition for the CFO’s grandchildren.

“The whole narrative that Donald Trump was blissfully ignorant is just not real,” Assistant District Attorney Joshua Steinglass told jurors in his closing argument.

Weisselberg’s testimony helped convict the company, though he said Trump was not part of the fraud scheme. He also refused to help Bragg in his broader investigation into Trump.

The Trump Organization had put Weisselberg on paid leave until they severed ties this week. His lawyer said the split, announced on Tuesday, was amicable.

Weisselberg, 75, is serving his sentence in New York City’s notorious Rikers Island jail.

State law limits the penalties that Justice Merchan can impose on Trump’s company. A corporation can be fined up to $250,000 for each tax-related count and $10,000 for each non-tax count.

Trump faces several other legal woes, including probes related to the Jan. 6, 2021, attack on the U.S. Capitol, his retention of classified documents after leaving the White House, and efforts to overturn his 2020 election loss in Georgia.

Reporting by Karen Freifeld and Jonathan Stempel; editing by Jonathan Oatis

Our Standards: The Thomson Reuters Trust Principles.

Read original article here

Embattled George Santos defies New York Republicans’ call to step down

WASHINGTON, Jan 11 (Reuters) – Embattled U.S. Representative George Santos said he had no plans to heed fellow New York Republicans’ calls to step down, a plea they made on Wednesday due to what they called “lie after lie after lie” about his career and history.

Top House of Representatives Republican Kevin McCarthy said he had no intention of pressuring Santos, part of his narrow 222-212 majority, despite the public plea by more than a dozen top Republicans, many of them from Santos’ suburban New York City district.

The New York Republicans made their plea at a news conference two days after a nonpartisan watchdog accused Santos of breaking campaign finance laws in a filing with the Federal Election Commission.

“It’s just lie after lie after lie. It became a pattern,” said Joseph Cairo Jr., the party chairman in Nassau County.

Republican Representative Nick Langworthy from western New York and Representative Anthony D’Esposito, who represents a district next to that of Santos, were also among those calling on the first-term congressman to step down.

“I join with my colleagues in saying that George Santos does not have the ability to serve here in the House of Representatives and should resign,” he said.

Santos rejected those calls in remarks to reporters at the Capitol and elaborated on his plans on Twitter.

“I was elected to serve the people of #NY03 not the party & politicians, I remain committed to doing that and regret to hear that local officials refuse to work with my office,” he wrote, referring to the congressional district he represents.

McCarthy on Wednesday told reporters that voters, not lawmakers, should choose who represents them.

“In America today, you’re innocent until proven guilty,” he said.

‘SIMPLY TRAGIC AND OUTRAGEOUS’

Santos, who represents much of Nassau County, as well as a small slice of New York City, has admitted to fabricating much of his resume.

He won his November race over Democrat Robert Zimmerman by a margin of 7.5 percentage points.

But his victory was quickly overshadowed by media reports indicating that the persona he presented to voters was largely a work of fiction.

Among other claims, Santos said he had degrees from New York University and Baruch College, despite neither institution having any record of him attending. He claimed to have worked at Goldman Sachs and Citigroup, which was also untrue.

He also falsely said that he was Jewish and that his grandparents escaped the Nazis during World War Two.

“For him to make up this story that his parents were Holocaust survivors is beyond the pale. It is simply tragic and outrageous and disgusting,” Nassau County Executive Bruce Blakeman said. “He is a stain on the House of Representatives.”

During the news conference, officials said they would direct Santos’ constituents to Representative D’Esposito in some cases, who had agreed to help residents of Santos’ district.

Two House Democrats on Tuesday referred the matter to the House ethics committee this week. The local district attorney has said her office is investigating Santos.

If Santos were to resign, his district could make for a competitive special election.

He won his 2022 election with 52% of the vote to Democrat Zimmerman’s 45%, handing Republicans a seat formerly held by Democrat Thomas Suozzi.

The 2022 election took place with newly-drawn district boundaries. Had those lines been in place in the 2020 presidential election, Democratic President Joe Biden would won the district by eight percentage points.

Under New York and federal law, the seat would be vacant until a special election is held, which would take roughly three months.

Reporting by Gram Slattery and Moira Warburton, additional reporting by Jason Lange and Doina Chiacu; Editing by Scott Malone, Mark Porter and Aurora Ellis

Our Standards: The Thomson Reuters Trust Principles.

Gram Slattery

Thomson Reuters

Washington-based correspondent covering campaigns and Congress. Previously posted in Rio de Janeiro, Sao Paulo and Santiago, Chile, and has reported extensively throughout Latin America. Co-winner of the 2021 Reuters Journalist of the Year Award in the business coverage category for a series on corruption and fraud in the oil industry. He was born in Massachusetts and graduated from Harvard College.

Read original article here

Trump executive Weisselberg prepares for jail on Rikers Island

NEW YORK, Jan 10 (Reuters) – A longtime executive for Donald Trump is expected to be sent to New York’s notorious Rikers Island jail after being sentenced on Tuesday for helping engineer a 15-year tax fraud scheme at the former president’s real estate company.

Allen Weisselberg, the Trump Organization’s former chief financial officer, pleaded guilty in August, admitting that from 2005 to 2017 he and other executives received bonuses and perks that saved the company and themselves money.

Weisselberg is expected to be sentenced to five months behind bars, after paying nearly $2 million in taxes, penalties and interest and testifying at the criminal trial of the Trump Organization, which was convicted on all counts it faced.

The sentence will be imposed by Justice Juan Merchan, who oversaw the trial in a New York state court in Manhattan. Weisselberg would likely serve 100 days with time off for good behavior.

Those days will probably not be easy for Weisselberg, 75, at a jail known for violence, drugs and corruption. Nineteen inmates there died last year.

“You’re going into a byzantine black hole,” said Craig Rothfeld, a prison consultant helping Weisselberg prepare for lockup.

50-YEAR RELATIONSHIP

Many convicts in New York City facing one year or less behind bars head to Rikers Island, which lies between the New York City boroughs of Queens and the Bronx and houses more than 5,900 inmates.

Rothfeld spent more than five weeks at Rikers in 2015 and 2016 as part of an 18-month sentence for defrauding investors and tax authorities when he was chief executive of the now-defunct WJB Capital Group Inc.

He now runs Inside Outside Ltd, which advises people facing incarceration. Another client is Harvey Weinstein, the former Hollywood movie producer convicted twice of rape.

After being sentenced, Weisselberg will likely be driven to Rikers and trade his street clothes for a uniform and sneakers with velcro straps.

Rothfeld said he hopes Weisselberg will be segregated from the general population, and not placed in a dorm with inmates who may not know him but will know his boss, who is seeking the presidency in 2024.

“Certainly Mr. Weisselberg’s 50-year relationship with the former president is on all our minds,” Rothfeld said.

A spokesman for the city’s Department of Correction said the agency’s mission is “to create a safe and supportive environment for everyone who enters our custody.”

Rikers is scheduled to close in 2027.

STAR WITNESS

Weisselberg was the star government witness against his employer.

He told jurors that Trump signed bonus and tuition checks, and other documents at the heart of prosecutors’ case, but was not in on the tax fraud scheme.

Though no longer CFO, Weisselberg remains on paid leave from the Trump Organization. He testified in November that he hoped to get a $500,000 bonus this month.

Weisselberg testified that the company is paying his lawyers. It is paying Rothfeld as well, a person familiar with the matter said. Rothfeld declined to comment.

Trump was not charged and has denied wrongdoing. The Manhattan District Attorney’s office is still investigating his business practices.

Merchan will also sentence the Trump Organization on Friday. Penalties are limited to $1.6 million.

Weisselberg remains a defendant in New York Attorney General Letitia James’ $250 million civil lawsuit alleging that Trump and his company inflated asset values and Trump’s net worth.

Rothfeld said he advised Weisselberg not to go outside at Rikers because of the risk of violence in courtyards, and not to interject himself into conversations between other inmates.

“The goal is to keep to yourself,” Rothfeld said.

Reporting by Karen Freifeld; Editing by Richard Chang

Our Standards: The Thomson Reuters Trust Principles.

Read original article here

Blizzard kills 13 in Buffalo, N.Y., area

Dec 25 (Reuters) – A lethal blizzard paralyzed Buffalo, New York, on Christmas Day, trapping motorists and rescue workers in their vehicles, leaving thousands of homes without power and raising the death toll from storms that have chilled much of the United States for days.

At least 30 people have died in U.S. weather-related incidents, according to an NBC News tally, since a deep freeze gripped most of the nation, coupled with snow, ice and howling winds from a sprawling storm that roared out of the Great Lakes region on Friday.

CNN has reported a total of 26 weather fatalities.

Much of the loss of life has centered in and around Buffalo at the edge of Lake Erie in western New York, as numbing cold and heavy “lake-effect” snow – the result of frigid air moving over warmer lake waters – persisted through the holiday weekend.

Erie County Executive Mark Poloncarz said the storm’s confirmed death toll climbed to 13 on Sunday, up from three reported overnight in the Buffalo region. The latest victims included some found in cars and some in snow banks, Poloncarz said, adding that the death tally would likely rise further.

“This is not the Christmas any of us hoped for nor expected,” Poloncarz said on Twitter on Sunday. “My deepest condolences to the families who have lost loved ones.”

New York Governor Kathy Hochul called it an “epic, once-in-a-lifetime” weather disaster that ranked as the fiercest winter storm to hit the greater Buffalo area since a crippling 1977 blizzard that killed nearly 30 people.

“We have now surpassed the scale of that storm, in its intensity, the longevity, the ferocity of its winds,” Hochul told an evening news conference, adding that the current storm would likely to go down in history as “the blizzard of ’22.”

RESCUING THE RESCUERS

The latest blizzard came nearly six weeks after a record-setting but shorter-lived lake-effect storm struck western New York.

Despite a ban on road travel imposed since Friday, hundreds of Erie County motorists were stranded in their vehicles over the weekend, with National Guard troops called in to help with rescues hindered by white-out conditions and drifting snow, Poloncarz said.

Many snow plows and other equipment sent on Saturday and Sunday became stuck in the snow, “and we had to send rescue missions to rescue the rescuers,” he told reporters.

The Buffalo police department posted an online plea to the public for assistance in search-and-recovery efforts, asking those who “have a snow mobile and are willing to help” to call a hotline for instructions.

The severity of the storm was notable even for a region accustomed to harsh winter weather.

Christina Klaffka, 39, a North Buffalo resident, watched the shingles blow off her neighbor’s home and listened to her windows rattle from “hurricane-like winds.” She lost power along with her whole neighborhood on Saturday evening, and was still without electricity on Sunday morning.

“My TV kept flickering while I was trying to watch the Buffalo Bills and Chicago Bears game. I lost power shortly after the 3rd quarter,” she said.

John Burns, 58, a retiree in North Buffalo, said he and his family were trapped in their house for 36 hours by the storm and extreme cold that he called “mean and nasty.”

“Nobody was out. Nobody was even walking their dogs,” he said. “Nothing was going on for two days.”

Snowfall totals were hard to gauge, he added, because of fierce winds that reduced accumulation between houses, but piled up a 5-foot (1.5-meter) drift “in front of my garage.”

Hochul told reporters on Sunday that the Biden administration had agreed to support her request for a federal disaster declaration.

About 200 National Guard troops were mobilized in western New York to help police and fire crews, conduct wellness checks and bring supplies to shelters, Hochul said.

ELECTRICITY HIT HARD

The larger storm system was moving east on Sunday, after knocking out power to as many as 1.5 million customers at the height of outages late last week and forcing thousands of commercial flight cancellations during the busy holiday travel period.

More than 150,000 U.S. homes and businesses were without power on Sunday, down sharply from the 1.8 million without power as of early Saturday, according to PowerOutage.us. In Buffalo, 15,000 residents were still without electricity on Sunday evening, Poloncarz said.

He said one electrical substation knocked offline was sealed off by an 18-foot-tall mound of snow, and utility crews found the entire facility frozen inside.

Christmas Day temperatures, while beginning to rebound from near-zero readings that were widespread on Saturday, remained well below average across the central and eastern United States, and below freezing even as far south as the Gulf Coast, National Weather Service (NWS) meteorologist Rich Otto said.

Nearly 4 feet of snow was measured at Buffalo airport by Sunday, according to the latest NWS tally, with white-out conditions lingering south of Buffalo into the afternoon as continuing squalls dumped 2-3 inches of snow an hour.

In Kentucky, officials confirmed three storm-related deaths since Friday, while at least four people were dead and several injured in auto-related accidents in Ohio, where a 50-vehicle pileup shut down the Ohio Turnpike during a blizzard on Friday.

Other deaths related to extreme cold or weather-induced vehicle accidents were reported in Missouri, Tennessee, Kansas and Colorado, according to news reports.

(The story has been refiled to remove extraneous word in headline)

Reporting by Gabriella Borter and Ahmed Aboulenein in Washington; Additional reporting by Lucia Mutikani, Idrees Ali, Ismail Shakil, Rick Cowan and ; Writing by Steve Gorman; editing by Ross Colvin, Diane Craft, Nick Zieminski, Leslie Adler, Gerry Doyle and Bradley Perrett

Our Standards: The Thomson Reuters Trust Principles.

Ahmed Aboulenein

Thomson Reuters

Washington-based correspondent covering U.S. healthcare and pharmaceutical policy with a focus on the Department of Health and Human Services and the agencies it oversees such as the Food and Drug Administration, previously based in Iraq and Egypt.

Read original article here

U.S. deep freeze forecast to break Christmas Eve records

Dec 24 (Reuters) – An arctic blast gripped much of the United States on Saturday driving power outages, flight cancellations and car wrecks, as plummeting temperatures were predicted to bring the coldest Christmas Eve on record to several cities from Pennsylvania to Georgia.

Temperatures are forecast to top out on Saturday at just 7 degrees Fahrenheit (minus 13 Celsius) in Pittsburgh, surpassing its previous all-time coldest Christmas Eve high of 13 F, set in 1983, the National Weather Service (NWS) said.

Cities in Georgia and South Carolina – Athens and Charleston – were likewise expected to record their coldest daytime Christmas Eve high temperatures, while Washington, D.C., was forecast to experience its chilliest Dec. 24 since 1989.

The flurry of yuletide temperature records were predicted as a U.S. deep freeze sharpened by perilous wind chills continued to envelope much of the eastern two-thirds of the nation into the holiday weekend.

The freeze already produced fatal car collisions around the country with CNN reporting at least 14 dead from weather-related accidents.

The arctic cold combined with a “cyclone bomb” of heavy snow and howling winds roaring out of the Great Lakes region on Friday and into the Upper Mississippi and Ohio valleys wreaked havoc on power systems, roadways and commercial air traffic.

Extreme winter weather was blamed for at least five deaths on Friday.

Two motorists were killed, and numerous others injured, in a 50-vehicle pileup that shut down the Ohio Turnpike in both directions during a blizzard near Toledo, forcing an evacuation of stranded motorists by bus to keep them from freezing in their cars, officials said.

Three more weather-related fatalities were confirmed in neighboring Kentucky – two from car accidents and one a homeless person who died of exposure.

Freezing rain and ice from a separate storm in the Pacific Northwest made travel treacherous there as well on Friday.

BORDER TO BORDER

From the Canadian to the Mexican border and coast to coast, some 240 million people in all were under winter weather warnings and advisories of some sort on Friday, according to the weather service.

The NWS said its map of existing or impending meteorological hazards “depicts one of the greatest extents of winter weather warnings and advisories ever.”

With energy systems across the country strained by rising demand for heat and storm-related damage to transmission lines, as many as 1.8 million U.S. homes and businesses were left without power as of early Saturday morning, according to tracking site Poweroutage.us.

The disruptions upended daily routines and holiday plans for millions of Americans during one of the busiest travel periods of the year.

The American Automobile Association had estimated that 112.7 million people planned to venture 50 miles (80 km) or more from home between Friday and Jan. 2. But stormy weather heading into the weekend likely ended up keeping many of them at home.

At least 3,741 U.S. flights were canceled on Saturday, with total delays tallying 10,297, according to flight-tracking service FlightAware. More than 5,000 flights were cancelled on Friday, the flight tracking said.

The city of Buffalo and its surrounding county on the edge of Lake Erie in western New York imposed a driving ban, and all three Buffalo-area border crossing bridges were closed to inbound traffic from Canada due to the weather.

The severe weather prompted authorities across the country to open warming centers in libraries and police stations while scrambling to expand temporary shelter for the homeless. The challenge was compounded by the influx of migrants crossing the U.S. southern border by the thousands in recent weeks.

Bitter cold intensified by high winds extended through the Deep South to the U.S.-Mexico border, plunging wind chill factors to single digits Fahrenheit (minus 18 to minus 13 Celsius) in El Paso, Texas. Exposure to such conditions can cause frostbite within minutes.

Reporting by Rich McKay in Atlanta; Additional reporting by Joel Schectman, Gabriella Borter, Tim Reid, Lisa Baertlein, Erwin Seba, Susan Heavey, Laila Kearney, Alyson McClaren, Aleksandra Michalska, and Scott DiSavino; Writing by Steve Gorman; Editing by Jonathan Oatis, Aurora Ellis, William Mallard and Diane Craft

Our Standards: The Thomson Reuters Trust Principles.

Read original article here

Trump will challenge NY sex abuse law in writer’s defamation lawsuit

Dec 21 (Reuters) – Donald Trump plans to argue that a New York law allowing a writer to sue the former U.S. president over claims that he raped her decades ago is unconstitutional, according to a court filing.

Lawyers for Trump said in a filing made on Monday in Manhattan federal court that they would move to dismiss the lawsuit filed last month by E. Jean Carroll in part on grounds that the law spurred by the #MeToo movement is invalid.

Trump has denied Carroll’s claim that he raped her in a dressing room in a Bergdorf Goodman department store 27 years ago. The former Elle magazine columnist is suing Trump for defamation and battery under New York’s Adult Survivors Act.

The law created a one-year period that began last month when adult victims of alleged sexual abuse can file lawsuits that otherwise would have been barred because the cases were too old.

Trump’s lawyers in the filing said the law “is an improper ‘claim revival’ statute which violates the United States Constitution and the New York State Constitution.”

Roberta Kaplan, a lawyer for Carroll, declined to comment.

U.S. District Judge Lewis Kaplan in an order on Wednesday gave Trump until Feb. 23 to file a motion to dismiss the lawsuit.

Carroll had sued Trump for defamation in 2019 for denying her allegations, and a trial is scheduled in that case for April.

Lawyers for Carroll have asked Kaplan to send the newer claims to trial at the same time, but Trump’s lawyers have said that would be improper.

Reporting by Daniel Wiessner in Albany, New York; Editing by David Gregorio

Our Standards: The Thomson Reuters Trust Principles.

Daniel Wiessner

Thomson Reuters

Dan Wiessner (@danwiessner) reports on labor and employment and immigration law, including litigation and policy making. He can be reached at daniel.wiessner@thomsonreuters.com.

Read original article here

Trump Organization found guilty of tax fraud scheme

NEW YORK, Dec 6 (Reuters) – Donald Trump’s real estate company was convicted on Tuesday of carrying out a 15-year-long criminal scheme to defraud tax authorities, adding to the legal woes facing the former U.S. president as he campaigns for the office again in 2024.

The Trump Organization – which operates hotels, golf courses, and other real estate around the world – was found guilty of paying personal expenses for top executives including former chief financial officer Allen Weisselberg, and issuing bonus checks to them as if they were independent contractors.

The company faces up to $1.6 million in fines after being convicted on all charges, including scheming to defraud tax authorities, conspiracy and falsifying business records. Trump was not charged in the case.

Justice Juan Merchan, who presided over the trial in state court in New York, set a sentencing date for Jan. 13.

While the fine is not expected to be material for a company of the Trump Organization’s size, the conviction could complicate its ability to do business.

Weisselberg, 75, testified as the government’s star witness as part of a plea deal that calls for a sentence of five months in jail.

Manhattan District Attorney Alvin Bragg, whose office prosecuted the case, called the verdict “very just.”

“The former president’s companies now stand convicted of crimes,” Bragg said in the New York courthouse after the verdict, speaking of the Trump Corporation and Trump Payroll Corporation, the two units of the Trump Organization which were convicted.

Asked if he regretted not charging Trump in the case, Bragg did not respond.

He has said that the office’s investigation into Trump is continuing.

APPEAL

Alan Futerfas, a lawyer for the Trump Organization, said the company would appeal and that the criminal law governing corporate liability was vague.

“It was central to the case,” he told reporters after the verdict.

The jury deliberated for about 12 hours over two days.

The case centered on charges that the company paid personal expenses like free rent and car leases for executives including Weisselberg without reporting the income, and gave them bonuses as non-employee compensation from other Trump entities like the Mar-a-lago Club, without deducting taxes.

According to testimony during the four-week trial, Trump himself signed the bonus checks annually, paid private school tuition for Weisselberg’s grandchildren, authorized the lease for his luxury Manhattan apartment and approved a salary deduction for another executive.

“The whole narrative that Donald Trump was blissfully ignorant is just not real, prosecutor Joshua Steinglass told jurors during his closing argument on Friday.

He said the “smorgasbord of benefits” was designed to keep top executives “happy and loyal.”

Republican Trump, who on Nov. 15 announced his third campaign for the presidency, said in a statement he was “disappointed” by the verdict but called the case a “Manhattan witch hunt.” Both Bragg and his predecessor who brought the charges, Cyrus Vance, are Democrats.

SEPARATE LAWSUIT

The Trump Organization separately faces a fraud lawsuit brought by New York state Attorney General Letitia James.

Trump himself is being investigated by the U.S. Department of Justice over his handling of sensitive government documents after he left office in January 2021 and attempts to overturn the November 2020 election, which he lost to Democrat Joe Biden.

Lawyers for the Trump Organization argued that Weisselberg carried out the scheme to benefit himself, not the company. They tried to paint him as a rogue employee. Weisselberg is currently on paid leave and testified that he hopes to get another $500,000 bonus in January

Trump wrote on his Truth Social platform on Nov. 19. that his family got “no economic gain from the acts done by the executive.”

Weisselberg, who pleaded guilty in August to concealing $1.76 million in income from tax authorities, testified that although Trump signed checks involved, he did not conspire with him.

He said that the company saved money by paying for his rent, utilities, Mercedes-Benz car leases for him and his wife and other personal expenses rather than raising his salary, because a wage hike would have had to account for taxes.

He said Trump’s two sons – who took over the company’s operations in 2017 – gave him a raise after they knew about his tax dodge scheme.

By then, Trump was president, and the company was preparing for greater scrutiny.

“We were going through an entire cleanup process of the company to make sure that since Mr. Trump is now president everything was being done properly,” Weisselberg testified.

Reporting by Luc Cohen and Karen Freifeld in New York; additional reporting by Andrew Hofstetter in New York; Editing by Noeleen Walder and Grant McCool

Our Standards: The Thomson Reuters Trust Principles.

Luc Cohen

Thomson Reuters

Reports on the New York federal courts. Previously worked as a correspondent in Venezuela and Argentina.

Read original article here

Trump is sued again by writer for defamation, and battery, over alleged rape

NEW YORK, Nov 24 (Reuters) – Donald Trump was sued for defamation a second time on Thursday by a writer who accused the former U.S. president of lying by denying that he raped her 27 years ago.

In a complaint filed in Manhattan federal court, the former Elle magazine columnist E. Jean Carroll also accused Trump of battery in an alleged encounter at the Bergdorf Goodman department store in Manhattan.

Carroll, 78, brought the battery claim under New York’s Adult Survivors Act, a new law giving sexual assault victims a one-year window to sue their alleged abusers, even if the abuse occurred long ago and statutes of limitations have expired.

Thursday, Thanksgiving Day, was the first day that accusers could sue.

Trump, 76, has denied raping Carroll or knowing her at the time, and said she was “not my type.”

His first denial in June 2019 prompted her to sue for defamation five months later.

He repeated the denial in an Oct. 12 post on his Truth Social account, calling Carroll’s claim a “hoax” and “lie,” prompting the new defamation claim.

Both sides are awaiting appeals court decisions addressing Trump’s argument that he was legally immune from Carroll’s first lawsuit because he had spoken in his capacity as president.

Former U.S. President Donald Trump announces that he will once again run for U.S. president in the 2024 U.S. presidential election during an event at his Mar-a-Lago estate in Palm Beach, Florida, U.S. November 15, 2022. REUTERS/Jonathan Ernst/File Photo

If courts agreed that the U.S. government, which has sovereign immunity from defamation claims, could be substituted for Trump as a defendant, Carroll’s first lawsuit would fail.

That would likely not affect her second lawsuit because Trump is a private citizen, having left the White House in January 2021.

Carroll is seeking unspecified damages. To support her battery claim, she said Trump caused her lasting psychological harm, and left her unable to sustain a romantic relationship.

The first lawsuit is scheduled for trial on Feb. 6, 2023, before U.S. District Judge Lewis Kaplan in Manhattan, but will likely be delayed because of the appeals process.

At a hearing on Tuesday, Carroll’s lawyer Roberta Kaplan asked for an April 10 trial covering both lawsuits, saying they have substantial overlap.

Trump’s lawyer Alina Habba sought a May 8 trial for only the first lawsuit. She also told the judge a longer delay made sense because Trump had not hired a lawyer for the second lawsuit.

“Your client in the present action, Ms. Habba, has known this was coming for months, and he would be well-advised to decide who is representing him in it,” the judge responded.

Judge Kaplan said he may decide early next week how to schedule both lawsuits.

Reporting by Jonathan Stempel in New York; Editing by Howard Goller and Nick Zieminski

Our Standards: The Thomson Reuters Trust Principles.

Read original article here

Trump rebuffed by judge in New York fraud lawsuit, trial date set

NEW YORK, Nov 22 (Reuters) – A New York judge has scheduled an October 2023 trial for former U.S. President Donald Trump, three of his adult children and the Trump Organization in a lawsuit brought by New York Attorney General Letitia James accusing them of fraudulently overvaluing the real estate company’s assets and Trump’s net worth.

Justice Arthur Engoron of the state Supreme Court in Manhattan set the trial date during a contentious hearing on Tuesday following motions by the Trumps the night before to have the civil lawsuit dismissed.

“I ruled on all these issues. It seems to me the facts are the same. The law is the same. Parties are the same,” Engoron told Alina Habba, Trump’s lawyer. “You can’t keep making the same argument after you’ve already lost.”

Habba had accused the judge of bias. Trump, a Republican, has accused James, a Democrat, of suing him because she dislikes him and his politics.

In her lawsuit filed on Sept. 21, James accused Trump, his company, his children Donald Jr, Eric and Ivanka and others of inflating Trump’s assets by billions of dollars in a decade of lies to banks and insurers. James called the fraud “staggering.”

The complaint seeks $250 million in damages. It also seeks to stop the Trumps from running businesses in the state and ban Trump and his company from acquiring New York real estate for five years.

Engoron is expected to rule on the motions to dismiss by early January. Trump is already appealing Engoron’s order requiring an independent watchdog to monitor his company.

The trial, scheduled for Oct. 2, 2023, and other legal issues could complicate Trump’s campaign, announced last week, for the presidency in 2024.

The Trump Organization is now on trial in another Manhattan courtroom on criminal tax fraud charges.

In addition, U.S. Attorney General Merrick Garland last week named a special counsel to oversee two criminal investigations, one related to the FBI’s seizure of government documents from Trump’s Florida home and the other examining Trump’s role in efforts to overturn the 2020 presidential election.

Trump also faces a criminal investigation in Georgia into whether he interfered with the 2020 election results in that state.

He has called these cases and investigations politically motivated, and has labeled Engoron a “puppet judge” for James.

In seeking to dismiss the case filed by James, Trump maintained that the attorney general lacked authority to pursue a lawsuit designed to “get” him when neither the public nor the marketplace was harmed.

“Who stands to gain from this highly-politicized farse [sic], aside from the politically-compromised Attorney General of the State of New York?” Trump’s filing said.

Other defendants also urged dismissals.

Lawyers for Trump’s sons called the lawsuit a “textbook example of throwing everything at the wall to see what sticks.” Ivanka Trump’s lawyers said there were no allegations that she lied to or defrauded anyone.

The Trump Organization’s former longtime Chief Financial Officer Allen Weisselberg and its Controller Jeffrey McConney also sought dismissals of claims against them. Both testified as prosecution witnesses in the Manhattan criminal trial in which prosecutors accused the company of engaging in tax fraud spanning 15 years.

Reporting by Karen Freifeld and Jonathan Stempel in New York; Editing by Will Dunham

Our Standards: The Thomson Reuters Trust Principles.

Read original article here