16, February 2022
US: Trump’s longtime accountant cuts ties, says his financial records are unreliable 0
Donald Trump’s longtime accountants have ditched the former US president as a client, saying a decade’s worth of financial statements could not be relied upon, court documents showed Monday.
Mazars informed the Trump Organization in a letter last Wednesday that it would no longer work for the company, which is being probed by New York prosecutors for alleged fraud.
The letter was revealed in court by New York state attorney general Letitia James as she asked a judge to force Trump to comply with subpoenas seeking testimony in her investigation.
James announced last month that her civil inquiry into Trump’s family firm had uncovered “significant evidence” of misleading business practices, including the fraudulent valuation of assets.
Mazars wrote that James’s findings had contributed towards it deciding that accounts for Trump for the years ending June 30, 2011 to June 30, 2020 “should no longer be relied upon.”
The accounting firm added that an investigation of its own and “information received from internal and external sources” had also played a part in it reaching that conclusion.
“While we have not concluded that the various financial statements, as a whole, contain material discrepancies, based upon the totality of the circumstances, we believe our advice to you to no longer rely upon those financial statements is appropriate,” it said.
The letter added that in part because of the decision regarding the statements, Mazars “are not able to provide any new work product to the Trump Organization.”
The financial records are at the heart of James’s investigation and a criminal probe by the Manhattan District Attorney’s office.
The twin inquiries are investigating whether the Trump Organization defrauded lenders into providing favourable loans.
James, a Democrat, said in January that her ongoing inquiry had found that the Trump Organization fraudulently overvalued multiple assets to secure loans and then undervalued them to minimise taxes.
She said the company had “misrepresented” the valuation of assets to financial institutions including the Internal Revenue Service, banks and insurers for “economic benefit.”
Parallel investigations
If James finds evidence of financial misconduct she can sue the Trump Organization for damages but cannot file criminal charges.
The probe, however, is running alongside a similar criminal investigation by the Manhattan DA for possible financial crimes and insurance fraud.
Last July the Trump Organization and its long-serving finance chief, Allen Weisselberg, pleaded not guilty to 15 felony fraud and tax evasion charges.
The DA’s office in January 2021 finally received roughly eight years of Trump tax returns from Mazars following a marathon legal battle that went to the Supreme Court.
Trump has slammed both probes as politically motivated.
A spokesperson for the Trump Organization said in a statement Monday evening that they were “disappointed” by Mazars’ decision to cut ties.
The firm’s “letter confirms that after conducting a subsequent review of all prior statements of financial condition, Mazars’ work was performed in accordance with all applicable accounting standards and principles and that such statements of financial condition do not contain any material discrepancies,” the spokesperson said, calling both investigations in New York therefore “moot.”
In her filing Monday, James repeated her request that the former president, Donald Trump Jr, and Ivanka Trump give evidence under oath. Her office has already questioned Eric Trump.
The legal woes could make a second White House run more difficult for the 75-year-old Trump, who has kept Americans guessing about his plans.
Source: AFP
17, February 2022
US judge rules Trump must testify in New York civil investigation 0
A judge ruled Thursday that former US president Donald Trump must testify under oath in New York’s civil probe into alleged fraudulent practices at his family business.
The ruling is the latest legal blow to Trump as he fights numerous cases that threaten to complicate any bid for another run at the White House in 2024.
State Judge Arthur Engoron ordered Trump and his two eldest children, Donald Jr and Ivanka, to comply with subpoenas issued by New York Attorney General Letitia James.
He said the three must sit for depositions within 21 days. The Trumps are expected to appeal.
Earlier during oral arguments, the Trumps’ lawyers said that the subpoenas should be quashed because having them give evidence in the civil case would prejudice their rights in a parallel criminal investigation.
Engoron said their argument “completely misses the mark,” noting that neither the Manhattan District Attorney, which is running the criminal investigation, nor James’s office have ordered the Trumps to appear before a grand jury.
In his ruling, Engoron added that the Trumps could invoke their Fifth Amendment right not to incriminate themselves during questioning in the civil case.
He noted that Trump’s other son, Eric, had pleaded the fifth “more than 500 times” during a deposition for James’s investigation in October 2020.
James, a Democrat, announced in January that her investigation into the Trump Organization had uncovered “significant evidence” of fraudulent or misleading practices.
She said that the civil inquiry had found that the Trump Organization fraudulently overvalued multiple assets to secure loans and then undervalued them to minimize taxes.
The Trumps have claimed the investigation is politically motivated and has urged the court to quash subpoenas against the three.
If James finds evidence of financial misconduct she can sue the Trump Organization for damages but cannot file criminal charges.
The probe, however, is running alongside a very similar criminal investigation by the Manhattan district attorney for possible financial crimes and insurance fraud.
In July last year, the Trump Organization and its long-serving finance chief, Allen Weisselberg, pleaded not guilty in a New York court to 15 felony fraud and tax evasion charges.
His trial is due to begin in the middle of this year.
Trump, 75, has so far kept the electorate and commentators guessing about whether he intends to seek the Republican nomination again.
Source: AFP