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New York State's Trump Investigation An analysis of the reported facts and applicable law
This is interesting read by Prof. Eisen
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https://www.brookings.edu/research/new-york-states-trump-investigation-an-analysis-of-the-reported-facts-and-applicable-law/
With the media now reporting that criminal charges against the Trump Organization may be imminent, the question presents itself: what might be charged and will the former president be included?
In a new Brookings publication, four leading experts discuss the possible first case that reportedly may lie ahead shortly—and conclude that Trump is at risk of eventual indictment even if he is not named in that initial filing. This report analyzes the potential charges both the Trump Organization and Trump himself may face. The report also goes in depth into the defenses that may be available in response to any indictment.
The authors identify five possible areas of prosecutorial attention to Trump, his business and its executives:
1. Allegations of Falsifying Business Records
The report looks at New York’s law against falsifying the books and records of a business. That may apply if the company did not properly account for its handling of fringe benefits directed towards its CFO, Allen Weisselberg, or members of his family. The fringe benefits at issue reportedly include apartments, car leases and private school tuition. The same statute may also apply to the company’s reported accounting for other disputed matters. That includes the reimbursement of hush money payments allegedly made at Trump’s direction to influence the outcome of the 2016 presidential election.
In a new Brookings publication, four leading experts discuss the possible first case that reportedly may lie ahead shortly—and conclude that Trump is at risk of eventual indictment even if he is not named in that initial filing. This report analyzes the potential charges both the Trump Organization and Trump himself may face. The report also goes in depth into the defenses that may be available in response to any indictment.
The authors identify five possible areas of prosecutorial attention to Trump, his business and its executives:
1. Allegations of Falsifying Business Records
The report looks at New York’s law against falsifying the books and records of a business. That may apply if the company did not properly account for its handling of fringe benefits directed towards its CFO, Allen Weisselberg, or members of his family. The fringe benefits at issue reportedly include apartments, car leases and private school tuition. The same statute may also apply to the company’s reported accounting for other disputed matters. That includes the reimbursement of hush money payments allegedly made at Trump’s direction to influence the outcome of the 2016 presidential election.
This report outlines four more crime that TFG may be charged with. The conclusion of this report is interesting.
The report also goes in detail into the defenses that may be available to Trump, as well as the Trump Organization and others. This section offers a look at some of the arguments that are likely being made to prosecutors by defense counsel to attempt to forestall the filing of charges.
New York felony criminal violations generally have a statute of limitations of only five years and quite a bit of the conduct reportedly under investigation predates the five-year period. On the other hand, continuation of an ongoing criminal conspiracy and other tolling doctrines (such as the protracted absence of a defendant from the jurisdiction) can operate to extend statutes of limitations.
Prosecutors will also have to prove that Trump or anyone else charged had the specific intent to defraud. Trump and other defendants may rebut such proof by claiming that they relied on accountants, lawyers, and other professionals to do what was best for the company within the constraints of the law. Trump, as is his wont, may also seek to deflect, pointing the finger at others who should be held criminally responsible.
New York felony criminal violations generally have a statute of limitations of only five years and quite a bit of the conduct reportedly under investigation predates the five-year period. On the other hand, continuation of an ongoing criminal conspiracy and other tolling doctrines (such as the protracted absence of a defendant from the jurisdiction) can operate to extend statutes of limitations.
Prosecutors will also have to prove that Trump or anyone else charged had the specific intent to defraud. Trump and other defendants may rebut such proof by claiming that they relied on accountants, lawyers, and other professionals to do what was best for the company within the constraints of the law. Trump, as is his wont, may also seek to deflect, pointing the finger at others who should be held criminally responsible.
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