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Criminal Investigations into Trump’s Finances
Trump v. Deutsche Bank, No. 19-cv-03826 (S.D.N.Y. Apr. 29, 2019)
Trump v. Vance, No. 19-cv-08694 (S.D.N.Y. Sept. 19, 2019)
Prosecuting Office: In 2019, then-President Trump sued to block subpoenas issued by three House Committees and the Manhattan District Attorney seeking his financial information in 2019. As of Feb. 22, the Manhattan DA now has access to Trump’s tax information.
Case Summary: In 2019, the House Intelligence and Finance Committees issued subpoenas to both Deutsche Bank and Capital One seeking information about then-President Trump’s finances. Before the banks complied with the subpoenas, Trump sued, seeking a declaratory judgment that they were unenforceable and an injunction that would have prevented the banks from disclosing Trump’s financial information. In addition, the House Oversight Committee subpoenaed Mazars, Trump’s accounting firm, demanding additional accounting information. Trump again sued to block the subpoena.
In parallel, Manhattan District Attorney, Cyrus Vance Jr., subpoenaed Mazars, for access to Trump’s tax records. Trump again sued to prevent the disclosure of this information.
All three cases reached the Supreme Court, where they were decided on the same day, July 9, 2020. The congressional subpoenas were combined into one case, and were remanded so the lower courts could consider separation of powers concerns raised by congressional committees subpoenaing a sitting president. In the Vance case, the Court ruled that a president’s financial information could be subpoenaed by a local district attorney.
Case Status: With the seating of the new Congress in Jan. 2021, the Congressional subpoenas expired. The Vance subpoena again reached the Supreme Court, which on Feb. 22, refused to block it. His spokesperson has confirmed that the office now has access to Trump’s tax returns, including millions of pages of documents. Charges have not been filed.
Update-1: New reporting on Mar. 1 revealed that Vance’s investigation has focused on Trump Organization chief financial officer, Allen Weisselberg, whose potential cooperation with prosecutors could be a significant breakthrough in the investigation. On Mar. 31, the New York Times reported that Vance’s office has subpoenaed Weisselberg’s personal bank records, and on Apr. 8, investigators took possession of financial records from Weisselberg’s daughter-in-law.
Update-2: New reporting on Mar. 8 revealed that Vance’s probe has expanded to include investigation of a $130 million loan the Trump Organization received to build its Chicago tower, and whether the forgiveness of that loan was reported as income, as required by the IRS.
Update-3: On May, 25, 2021, the Washington Post reported that Vance has convened a special grand jury that is “expected to decide whether to indict former president Donald Trump, other executives at his company or the business itself should prosecutors present the panel with criminal charges.” According to the Post, “The move indicates that District Attorney Cyrus R. Vance Jr.’s investigation of the former president and his business has reached an advanced stage …. It suggests, too, that Vance believes he has found evidence of a crime — if not by Trump then by someone potentially close to him or by his company.”
Update-4: On Jun. 4, ABC News and the New York Times report that Trump Organization senior vice president and controller, Jeff McConney is among a number of witnesses to have already appeared before the special grand jury. He is reportedly the first employee of the company called to testify.
Update-5: On July 1, prosecutors indicted the Trump Organization and the chief financial officer Allen Weisselberg with running a tax fraud scheme for over fifteen years. The indictment charges Weisselberg, the Trump Organization, and the Trump Payroll Co. with compensating Weisselberg and other Trump Organization executives with off-the-books funds that were unreported or misreported to federal, state, and local tax authorities.
The indictment includes a reference to the former President. It states that “as part of the scheme to defraud, Trump Corporation personnel … arranged for tuition expenses for Weisselberg’s family members to be paid by personal checks drawn on the account of and signed by Donald J. ‘Trump.” The indictment also refers to an “unindicted co-conspirator,” who is Jeff McConney, the Trump Organization’s controller, a person familiar with the investigation told CNN.
Trump v. Deutsche Bank, No. 19-cv-03826 (S.D.N.Y. Apr. 29, 2019)
Trump v. Vance, No. 19-cv-08694 (S.D.N.Y. Sept. 19, 2019)
Prosecuting Office: In 2019, then-President Trump sued to block subpoenas issued by three House Committees and the Manhattan District Attorney seeking his financial information in 2019. As of Feb. 22, the Manhattan DA now has access to Trump’s tax information.
Case Summary: In 2019, the House Intelligence and Finance Committees issued subpoenas to both Deutsche Bank and Capital One seeking information about then-President Trump’s finances. Before the banks complied with the subpoenas, Trump sued, seeking a declaratory judgment that they were unenforceable and an injunction that would have prevented the banks from disclosing Trump’s financial information. In addition, the House Oversight Committee subpoenaed Mazars, Trump’s accounting firm, demanding additional accounting information. Trump again sued to block the subpoena.
In parallel, Manhattan District Attorney, Cyrus Vance Jr., subpoenaed Mazars, for access to Trump’s tax records. Trump again sued to prevent the disclosure of this information.
All three cases reached the Supreme Court, where they were decided on the same day, July 9, 2020. The congressional subpoenas were combined into one case, and were remanded so the lower courts could consider separation of powers concerns raised by congressional committees subpoenaing a sitting president. In the Vance case, the Court ruled that a president’s financial information could be subpoenaed by a local district attorney.
Case Status: With the seating of the new Congress in Jan. 2021, the Congressional subpoenas expired. The Vance subpoena again reached the Supreme Court, which on Feb. 22, refused to block it. His spokesperson has confirmed that the office now has access to Trump’s tax returns, including millions of pages of documents. Charges have not been filed.
Update-1: New reporting on Mar. 1 revealed that Vance’s investigation has focused on Trump Organization chief financial officer, Allen Weisselberg, whose potential cooperation with prosecutors could be a significant breakthrough in the investigation. On Mar. 31, the New York Times reported that Vance’s office has subpoenaed Weisselberg’s personal bank records, and on Apr. 8, investigators took possession of financial records from Weisselberg’s daughter-in-law.
Update-2: New reporting on Mar. 8 revealed that Vance’s probe has expanded to include investigation of a $130 million loan the Trump Organization received to build its Chicago tower, and whether the forgiveness of that loan was reported as income, as required by the IRS.
Update-3: On May, 25, 2021, the Washington Post reported that Vance has convened a special grand jury that is “expected to decide whether to indict former president Donald Trump, other executives at his company or the business itself should prosecutors present the panel with criminal charges.” According to the Post, “The move indicates that District Attorney Cyrus R. Vance Jr.’s investigation of the former president and his business has reached an advanced stage …. It suggests, too, that Vance believes he has found evidence of a crime — if not by Trump then by someone potentially close to him or by his company.”
Update-4: On Jun. 4, ABC News and the New York Times report that Trump Organization senior vice president and controller, Jeff McConney is among a number of witnesses to have already appeared before the special grand jury. He is reportedly the first employee of the company called to testify.
Update-5: On July 1, prosecutors indicted the Trump Organization and the chief financial officer Allen Weisselberg with running a tax fraud scheme for over fifteen years. The indictment charges Weisselberg, the Trump Organization, and the Trump Payroll Co. with compensating Weisselberg and other Trump Organization executives with off-the-books funds that were unreported or misreported to federal, state, and local tax authorities.
The indictment includes a reference to the former President. It states that “as part of the scheme to defraud, Trump Corporation personnel … arranged for tuition expenses for Weisselberg’s family members to be paid by personal checks drawn on the account of and signed by Donald J. ‘Trump.” The indictment also refers to an “unindicted co-conspirator,” who is Jeff McConney, the Trump Organization’s controller, a person familiar with the investigation told CNN.