Pittsburgh Post-Gazette

Manhattan DA recruits noted prosecutor for Trump inquiry

- By William K. Rashbaum, Ben Protess and Jonah E. Bromwich

As the Manhattan district attorney’s office steps up its criminal investigat­ion of Donald Trump, it has reached outside its ranks to enlist a prominent former federal prosecutor to help scrutinize financial dealings at the former president’s company, according to several people with knowledge of the matter.

The former prosecutor, Mark Pomerantz, has deep experience investigat­ing and defending white-collar and organized crime cases, bolstering the team under District Attorney Cyrus Vance that is examining Mr. Trump and his family business, the Trump Organizati­on.

The investigat­ion by Mr. Vance, a Democrat, is focused on possible tax and bank-related fraud, including whether the Trump Organizati­on misled its lenders or local tax authoritie­s about the value of his properties to obtain loans and tax benefits, the people with knowledge of the matter said, requesting anonymity because of the sensitive nature of the investigat­ion. Mr. Trump has maintained he did nothing improper and has long railed against the inquiry, calling it a politicall­y motivated “witch hunt.”

In recent months, Mr. Vance’s office has broadened the long-running investigat­ion to include an array of financial transactio­ns and Trump properties — including Trump Tower on Fifth Avenue in Manhattan, various Trump hotels and the Seven Springs estate in Westcheste­r County — as prosecutor­s await a ruling from the U. S. Supreme Court that could give them access to Mr. Trump’s tax returns.

The prosecutor­s have also interviewe­d a number of witnesses and have issued more than a dozen new subpoenas, including to one of Mr. Trump’s top lenders, Ladder Capital, the people with knowledge of the matter said.

In addition, investigat­ors subpoenaed a company hired by Mr. Trump’s other main lender, Deutsche Bank, to assess the value of certain Trump properties, one of the people with knowledge of the previously unreported subpoenas said.

Months earlier, Mr. Vance’s office had subpoenaed records from Deutsche Bank itself, The New York Times previously reported.More recently, Deutsche Bank employees provided testimony to Mr. Vance’s office about the bank’s relationsh­ip with the Trump Organizati­on, a person briefed on the matter said.

Still, despite the burst of investigat­ive activity, prosecutor­s have said the tax returns and other financial records are vital to their inquiry — and the Supreme Court has delayed a final decision for months.

Manhattan prosecutor­s have also subpoenaed the Trump Organizati­on for records related to tax deductions on millions of dollars in consulting fees, some of which appear to have gone to Mr. Trump’s daughter Ivanka Trump.

The Trump Organizati­on turned over some of those records last month, though the prosecutor­s have questioned whether the company has fully responded to the subpoena, the people with knowledge of the matter said.

Mr. Trump won an acquittal in his second impeachmen­t trial this month, but he remains the focus of at least two state criminal investigat­ions. Besides the inquiry in Manhattan, prosecutor­s in Georgia are scrutinizi­ng Mr. Trump’s effort to persuade local officials to undo the election results there. His departure from office has left him without the shield from indictment that the presidency provided.

The Manhattan district attorney’s office has not accused Mr. Trump of wrongdoing, and it remains unclear whether Mr. Vance, whose term ends in January, will ultimately bring charges against Mr. Trump or any Trump Organizati­on employees.

The Trump Organizati­on declined to comment, but in the past, lawyers for the company have said its practices complied with the law and have called the investigat­ion a “fishing expedition.”

Mr. Pomerantz, 69, was sworn in earlier this month to serve as a special assistant district attorney, according to Danny Frost, a spokesman for the district attorney, who otherwise declined to comment on the inquiry. Mr. Pomerantz will work solely on the Trump investigat­ion.

The hiring of an outsider is a highly unusual move for a prosecutor’s office, but the 2½-year investigat­ion of the former president and his family business is unusually complex. And Mr. Vance, whose office has made a few missteps in other white-collar cases, had already hired FTI, a large consulting company, to help analyze Mr. Trump’s financial records.

Prosecutor­s are scrutinizi­ng whether the Trump Organizati­on artificial­ly inflated the value of some of his signature properties to obtain the best possible loans, while simultaneo­usly lowballing the property values to reduce property taxes, the people with knowledge of the matter said. The prosecutor­s are also looking at the Trump Organizati­on’s statements to insurance companies about the value of various assets.

The Trump Organizati­on’s lawyers are likely to argue to prosecutor­s that it could not have duped sophistica­ted financial institutio­ns that did their own analysis of Mr. Trump’s properties without relying on what Mr. Trump’s company told them. The company’s lawyers are also likely to emphasize that the practice of providing such differing valuations is widespread in New York’s real estate industry.

Deutsche Bank has said it is cooperatin­g with the investigat­ion. A spokesman for Ladder Capital, which securitize­d the loans years ago and thus no longer ownsthem, declined to comment.

Mr. Pomerantz, who has been helping with the case informally for months, has taken a temporary leave from the law firm Paul Weiss to join Mr. Vance’s office. Among other tasks, he will likely handle interactio­ns with key witnesses.

Mr. Vance also retained veteran constituti­onal lawyers to work on the briefs filed in the 18-month legal battle over the office’s subpoena for Mr. Trump’s tax returns and other financial records, which has twice reached the U.S. Supreme Court. The case was argued by Mr. Vance’s general counsel, Carey Dunne, who is helping to lead the investigat­ion.

The court could rule for a second time on the matter soon, potentiall­y putting eight years of Mr. Trump’s personal and corporate tax records and other documents in the hands of prosecutor­s for the first time — a developmen­t that Mr. Vance’s office has called central to its investigat­ion.

Mr. Pomerantz, a leading figure in New York legal circles, clerked for Judge Edward Weinfeld in Manhattan and Supreme Court Justice Potter Stewart. He then became a federal prosecutor in the U.S. attorney’s office in Manhattan, where he rose to lead the appellate unit before leaving in 1982.

In private practice, he developed a specialty in organized crime and was involved in a 1988 case that helped determine the legal definition of racketeeri­ng. His former law partner, Ronald Fischetti, estimated they tried nearly 25 cases that involved organized crime in some form or another.

Mr. Pomerantz returned to the Manhattan U.S. attorney’s office to head the criminal division between 1997 and 1999, overseeing major securities fraud and organized crime cases, perhaps most prominentl­y against John Gotti, the Gambino boss.

He later joined Paul Weiss, one of the bestknown law firms in New York, where he defended Robert Torricelli, the New Jersey senator accused of campaign finance violations.

“He worked both sides of the street, so he’s not going to be biased by virtue of temperamen­t,” said Robert Litt, a former general counsel for the director of national intelligen­ce, who has known Mr. Pomerantz since 1976.

 ?? Richard Drew/Associated Press ?? Manhattan District Attorney Cyrus Vance leaves court in New York. Mr. Vance, who has been fighting to get former President Donald Trump’s tax returns, got Deutsche Bank in 2019 to turn over other Trump financial records. Mr. Vance’s office has hired prominent former prosecutor Mark Pomerantz for its ongoing investigat­ion of the former president.
Richard Drew/Associated Press Manhattan District Attorney Cyrus Vance leaves court in New York. Mr. Vance, who has been fighting to get former President Donald Trump’s tax returns, got Deutsche Bank in 2019 to turn over other Trump financial records. Mr. Vance’s office has hired prominent former prosecutor Mark Pomerantz for its ongoing investigat­ion of the former president.

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