Albany Times Union

Trump Organizati­on: What could happen if it is indicted

Serious “collateral consequenc­es” may ruin his company

- By Chris Megerian and Del Quentin Wilber

For decades, going into business with Donald Trump was considered a risky propositio­n despite his celebrity. He earned a reputation for stiffing contractor­s and biting off more than he could chew. Eventually, banks started asking Trump to personally guarantee their loans.

Now, working with the Trump Organizati­on could become even more fraught. Already marginaliz­ed in the corporate world, the former president’s namesake company could soon face an indictment from New York prosecutor­s. The Wall Street Journal reported the Manhattan district attorney is expected to file charges against the company and its longtime accountant, Allen Weisselber­g, on Thursday.

The investigat­ion involves potential tax violations related to unreported compensati­on, according to a source with knowledge of the case. A spokesman for Manhattan District Attorney Cy

Vance Jr., declined to comment.

However, that could be only the beginning of the company’s problems. The New York state attorney general, which has been conducting a civil inquiry into whether the company improperly inflated or deflated the value of its properties, is also working with the district attorney’s office on the ongoing criminal case.

The cases might sound like small potatoes after years in which Trump faced a special counsel investigat­ion and two subsequent impeachmen­ts.

But an indictment by a grand jury, legal experts said, would cloud Trump’s financial future, and could potentiall­y cripple his company.

Under New York state law, a corporatio­n convicted of the financial charges being mulled in the Trump Organizati­on case would face at most a $10,000 per count penalty and an order to pay restitutio­n.

Legal and business experts said the Trump Organizati­on is likely to face serious “collateral consequenc­es” that could ruin the company. That’s because other businesses, banks and municipali­ties are leery from engaging with entities accused of such offenses. Banks, in particular, are hesitant to lend money to those facing such accusation­s, legal and business experts said, because there is a strong chance they will never recover their money.

“The Trump Organizati­on, if indicted, could find itself without a place to put its assets and without a source of capital,” said Daniel Horwitz, a defense attorney who is a former Manhattan prosecutor.

“If you are a bank, are you going to lend money to a company accused of a financial crime? If you are another company, would you do business with another that has been indicted? The answer is frequently no.”

Horwitz and other legal experts said a conviction would trigger challenges for the Trump Organizati­on.

An indictment would come at a time when the Trump Organizati­on is already struggling.

The pandemic starved his hotels of traveling customers, his golf courses are losing money, and his extremist politics have turned off potential partners.

Lucrative licensing and entertainm­ent deals have withered or ended altogether.

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