Taranaki Daily News

Trump’s charity faces lawsuit

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New York’s attorney general filed suit against President Donald Trump and his three eldest children yesterday, alleging ‘‘persistent­ly illegal conduct’’ at the president’s personal charity and saying that Trump had repeatedly misused the non-profit organisati­on to pay off his businesses’ creditors, to decorate one of his golf clubs and to stage a multimilli­ondollar giveaway at 2016 campaign events.

In the suit, Attorney General Barbara Underwood asked a state judge to dissolve the Donald J. Trump Foundation. She asked that its remaining $1 million ($NZ1.4m) in assets be distribute­d to other charities and that Trump be forced to pay at least $2.8m in restitutio­n and penalties.

Underwood also asked that Trump be banned from leading any other New York non-profit organisati­on for 10 years – seeking to apply a penalty usually reserved for the operators of small-time charity frauds to the president of the United States.

The allegation­s of sweeping misuse by Trump of his personal foundation came the same day that he faced another legal setback, with the rejection by an appeals court in New York of his request to halt a defamation lawsuit filed by a former Apprentice contestant.

That decision leaves open the possibilit­y that Trump could be deposed in the case.

Meanwhile, Underwood sent letters to the Internal Revenue Service and the Federal Election Commission in which she identified what she called ‘‘possible violations’’ of tax law and federal campaign law by Trump’s foundation.

The claims in the New York attorney general’s suit could trigger tax penalties by the IRS, according to tax-law experts, who noted that the Justice Department can also bring criminal charges when prosecutor­s believe tax-law violations are ‘‘wilful.’’

Marc Owens, a former head of the IRS non-profit division, called the suit ‘‘an extraordin­ary catalogue of how not to run a private foundation. There’s little else [Trump] could have done that would have made it worse.’’

New York state began looking into the Trump Foundation in response to an investigat­ion by The Washington Post.

Underwood did not run for her office: She was promoted to attorney general just weeks ago, succeeding Eric Schneiderm­an, D, after he resigned following allegation­s that he had physically abused several romantic partners.

Trump responded to the suit by calling it politicall­y motivated.

‘‘Schneiderm­an, who ran the Clinton campaign in New York, never had the guts to bring this ridiculous case, which lingered in their office for almost 2 years,’’ Trump wrote on Twitter. ‘‘Now he resigned his office in disgrace, and his disciples brought it when we would not settle.’’

Underwood declined to comment on the case beyond issuing a written statement. ‘‘As our investigat­ion reveals, the Trump Foundation was little more than a chequebook for payments from Mr Trump or his businesses to non-profits, regardless of their purpose or legality,’’ she said in the statement.

In the suit, Underwood noted that Trump had paid more than $330,000 in reimbursem­ents and penalty taxes since

2016. But she asked the judge to require Trump to pay millions more. She said a

20-month state investigat­ion found that Trump had repeatedly violated laws that set the ground rules for tax-exempt foundation­s – most important, that their money is meant to serve the public good, not to provide private benefits to their founders.

Underwood said that oversight of spending at Trump’s foundation was so loose that its board of directors hadn’t met since 1999, and its official treasurer wasn’t even aware that he was on the board.

Without any outside supervisio­n, Underwood said, the foundation came to serve the spending needs of Trump – and then, in 2016, the needs of his presidenti­al campaign. She cited emails from Trump campaign staff members – including then-campaign manager Corey Lewandowsk­i – directing which charities should receive gifts from the Trump Foundation, and in what amounts, in the lead-up to the crucial Iowa caucuses. The lawsuit was filed in civil court. A spokeswoma­n for Underwood said she did not have jurisdicti­on to seek criminal charges in cases involving nonprofits.

Owens, the former IRS official, said he was surprised at the scope of the violations that the Trump Foundation allegedly committed – especially because the Trump family had enough money to hire lawyers and accountant­s who would explain the law. ‘‘Some of the facts are extraordin­ary. The failure to have board meetings since 1999, for example. You don’t see that very often,’’ he said.

Three of Trump’s adult children – Donald Trump Jr., Ivanka Trump and Eric Trump – were named in the lawsuit because they have been official board members of the foundation for years. –

 ?? AP ?? Donald Trump, right, sits with his children, from left, Eric Trump, Donald Trump Jr., and Ivanka Trump.
AP Donald Trump, right, sits with his children, from left, Eric Trump, Donald Trump Jr., and Ivanka Trump.

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