The Guardian (Charlottetown)

New York accelerate­s probes of Trump’s property dealings

- JASON SZEP JOSEPH TANFANI PETER EISLER

As former U.S. president Donald Trump goes to trial this week in the Senate on charges of inciting the Jan. 6 Capitol insurrecti­on, criminal and civil investigat­ions into his businesses are accelerati­ng in New York.

Manhattan prosecutor­s probing Trump’s real-estate business for possible insurance and tax fraud have stepped up witness interviews in recent months and hired forensic accountant­s, four people familiar with the criminal probe told Reuters. A separate state attorney general’s civil probe into whether the business falsely reported property values got a boost on Jan. 29, when a New York Supreme Court judge ordered the Trump Organizati­on to turn over documents.

A U.S. Supreme Court decision is expected soon on whether Manhattan District Attorney Cyrus R. Vance

Jr. can obtain eight years of Trump’s tax records and other financial informatio­n from accounting firm Mazars. Two people familiar with the district attorney’s criminal probe expect the court to act this month.

Both the district attorney and the attorney general are focused in part on whether Trump’s businesses improperly falsified values on real-estate assets to secure tax breaks, loans or other benefits.

Trump’s tax returns could provide compelling evidence in the criminal probe if they differ significan­tly from other financial statements reported by the Trump business, said Daniel Horwitz, a white-collar defence lawyer and former Manhattan prosecutor. But in addition to records, he said, prosecutor­s will likely need witnesses who could “testify about false documents and why they were falsified.”

Lawyers for the Trump Organizati­on did not respond to requests for comment. The Trump Organizati­on has denied in court filings that the company falsified property values and has rejected other allegation­s being investigat­ed by Vance and New York State Attorney General Letitia James.

Trump’s lawyers have tried to block the disclosure of his tax records by appealing the Manhattan district attorney’s request to the U.S. Supreme Court. Lower courts rejected an argument by Trump’s attorney that the request amounted to political “harassment.” Trump’s team has requested a stay of the Supreme Court proceeding­s. The high court normally acts quickly on such “emergency applicatio­ns” but Trump’s request has been pending since October. Another ruling in favour of the district attorney would clear the way for prosecutor­s to access the tax and financial records.

The Manhattan district attorney said in an August filing that the office is investigat­ing “possibly extensive and protracted criminal conduct” at the Trump Organizati­on. In a September filing, he said “mountainou­s” misconduct allegation­s could justify a grand jury probe into possible tax fraud, insurance fraud and falsifying business records. James’ office has filed a civil lawsuit to compel the Trump Organizati­on to produce documents but has not alleged any crimes.

A spokespers­on for Vance declined to comment. A spokesman for James’ office said the Trump Organizati­on has turned over all the documents that prosecutor­s sought, but declined to comment further on the inquiry.

The investigat­ions face challenges. The Manhattan district attorney may struggle to prove that inaccurate property estimates amount to fraud because the standards for valuing properties vary, legal experts say. Such appraisals are also typically performed by outside parties, potentiall­y putting distance between any controvers­ial valuations and Trump’s businesses.

“There’s a lot of expertise to hide behind,” said Joshua Levine, a former assistant U.S. attorney in the Southern District of New York who now specialize­s in white-collar criminal and regulatory law in private practice.

 ?? CARLOS BARRIA • REUTERS FILE ?? Former U.S. president Donald Trump.
CARLOS BARRIA • REUTERS FILE Former U.S. president Donald Trump.

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