Conservation Easements and Trump Org deeper dive into NY AG & Cy Vance. Updated 12/20 Trump sues NY AG
I don’t give rumors/gossip much merit. However in this particular instance the person was correct regarding the timing/facts of Weisselberg’s indictment, recently stated Trump will be INDICTED
December 20, 2021 Update 11:26AM
I just can’t -no really I can not stop laughing -about 40 minutes ago Donald Trump filed a Federal Lawsuit (see NDNY-ECF or you can simply pull down the. newly filed complaint via my Scribd Account) which is asking a Federal Court to enjoin the New York Attorney General’s ongoing criminal investigation into Trump, Trump Org… talk about textbook frivolous. But man there are some fighting words in Trump’s ridiculous federal lawsuit…
Trump is seeking a Federal Court to Order the New York Attorney General to “stand down” her investigations -in particular the ongoing criminal investigation into Trump, Trump Org and the obvious under reporting value of his properties, lower insurance rates, lower interest rates on his loans and obviously the lower tax assessment (waves hiya conservation easements)
Important -Trump is also seeking to block the New York Attorney General’s participation in the ongoing Manhattan DA’s criminal investigation into the aforementioned matters (detailed above)
Trump’s attorneys point to the various public statements made by the New York Attorney General (some included statements occurred before James was sworn in)
And of course Trump’s newest lawsuit includes his predictable arguments
no legitimate criminal investigation,
abuse of office
…James has instead chosen to exploit it. For years, she has flagrantly abused her investigatory powers to target her political adversaries and advance her career. Her relentless attacks on Donald J. Trump serve as a prime example. Since taking office, she has tirelessly bombarded him, his family and his business, Trump Organization LLC, with unwarranted subpoenas in a bitter crusade to “take on” the president
..investigations commenced by James are in no way connected to legitimate law enforcement goals, but rather, are merely a thinly-veiled effort to publicly malign Trump and his associates. Her mission is guided solely by political animus and a desire to harass, intimidate, and retaliate against a private citizen who she views as a political opponent.
The original article continues below, but I really have to get back to my J-O-B -it’s not like those bonbons will eat themselves- incidentally if there was any doubt that Trump & Trump Org will be indicted. His hilariously weak Federal lawsuit all but confirms he & Trump Org will be indicted because this preemptive strike/play is right out of Roy Cohn’s playbook. And lastly I could be wrong but I don’t think this is the proper venue…although it could be but I’m not 100% convinced it is. Because both the Manhattan DA & New York Attorney General are focused on State laws so filing in a Federal District Court -sovereignty something -something.
Case law see Younger v. Harris which gave us the “Abstention doctrine”
Also in case you are curious there is actual case law that prevents Trump’s frivolous lawsuit moving forward in Federal District Court.
…the basic doctrine of equity jurisprudence…
Which is a fancy way of saying that Federal District Courts, must show “proper respect for state functions and notions of comity” ←which is why earlier today I mentioned that I didn’t think Trump’s lawsuit against the New York Attorney General’s Office was a proper venue. Meaning that Mr Vexatious Litigant aka Donald Trump can’t “sue” his way out of the several criminal investigations. Because that’s not how our judicial system works.
that "settled doctrines" of federalism narrowly confined the availability of injunctive relief against state criminal prosecutions. Specifically, the Court found that a federal court could not properly enjoin enforcement of a statute "solely on the basis of showing that the statute 'on its face' abridges First Amendment rights."
…"the basic doctrine of equity jurisprudence," under which federal courts were required to show proper respect for state functions and notions of comity.
This means …a federal [district] courts are essentially barred from hearing a case (filed in a Federal District Court) until the person/target is convicted or has been found not guilty of the crime. With one important caveat, unless the defendant can clearly and particularize they will : suffer irreparable harm”. The additional caveat is that the irreparable harm is "both great and immediate."
In short this particular doctrine does not allow Trump to skate by or even shutter a proper criminal investigation, which could fruition into a criminal prosecution. SCOTUS expressly held that an ongoing criminal investigation offers no such bases for “irreparable harm”
However, SCOTUS did note three exceptions to Younger abstention:
Where the prosecution is in bad faith (i.e. the state knows the person to be innocent)—as applied in Dombrowski v. Pfister; or
Where the prosecution is part of some pattern of harassment against an individual; or
Where the law being enforced is utterly and irredeemably unconstitutional (e.g., if the state were to pass a law making it a crime to say anything negative about its governor under any circumstances).
that a person is barred from filing a preemptive strike/lawsuit because said person is “worried” about a criminal investigation…will lead to his/her prosecution.
And not that my opinion matters but I’m pretty sure the New York Attorney General will likely reference Younger v. Harris …but I suppose we will just have to wait and see.
Repeat after me: Conservation Easements, not “mob” but conservation easements…Why? Well that’s the easy part —if the preliminary and well sourced research is correct, Trump’s prolific use of Conservation Easements, this presents a much larger picture of Trump’s over inflating of “property value” in his vast real estate portfolio. Notwithstanding and most importantly, this could be the gateway to open other doors in the ongoing Manhattan DA’s investigation and the New York Attorney General’s Investigation. Both of which are taking a painfully slow but hard look at Donald Trump and Trump Org’s business practices.
Manhattan and State of New York tax implications
Financial Institutions likely being defrauded by Donald Trump and Trump Organization with banks like Deutsche Bank —over a year ago we know that the Manhattan DA subpoenaed Trump’s preferred lender
In the past I’ve provided my readers with a quasi-logical, well sourced and factually based argument. Consequentially at times I have beseeched my readers to stop believing the prognostications of the Twitter Blue-QANON’s long running (false) narrative. So for the umpteenth time NOPE
It won’t be the mob,
It won’t be purported money laundering,
It won’t be even more mob
and it certainly won’t be the mob and money laundering and the mob…
…that will eventually take “Trump down”
Factually speaking anyone on social media who is still shamelessly shilling “Trump Mob” narrative and their incongruent threads, which are on its face laughable illogical argument, retains zero credibility. They continue to traffic in obvious disinformation. Additionally these same social-media self proclaimed “experts” have very little understanding of a criminal investigation or the judicial process.
Granted these same pretenders/charlatans are the very same individuals who have profited off of their (hilariously and truly intellectually stunted) narrative “Mob + Money Laundering + More Mob = Trump’s going to jail” because according to these same charlatans Trump would be indicted on January 20, 2021
…well we are almost a year out and thus far there’s nothing in the public domain that even “hints” to their “game theory” being remotely factual or true. Again I don’t like telling people what to do, but at a certain point you are responsible for the type of “news” you consume. Exactly how many of their predictions have come to fruition? None that I’ve observed, because this cadre of Blue-QANON have spent years making money off of the disinformation they’ve shilled.
Remember that time when Jared Kushner was purportedly indicted and “chill -counter intelligence got this” —like many of you I’m still waiting for those predictions to materialize. Spoiler they won’t because these pretenders/charlatans don’t have the facts or a clue to the nonsensical rhetoric they continue spewed. Facts matter more than social media engagements.
Notwithstanding and largely based in part from substantial facts in the public record, it will undoubtedly be the flagrant abuse of the conservation/preservation easements. I get it that conservation/preservation easements aren’t as sexy as “mob or money laundering” but by now I think I’ve proven that facts actually do matter. These conservation/preservation easements gave Trump and Trump Org tens of millions of dollars in “tax write offs” -that these easements would be his ultimate downfall.
Nearly six months ago I pointed out how the DOJ and IRS-CI have started to crack down on Conservation/Preservation Easements. Yes I know it’s not nearly as salacious as “mob and money laundering” but again at a certain point the responsibility is yours in what you choose to believe and/or amplify on Social Media.
Conservation Easement abuse…
In this June 10, 2021 article I walked my readers through the public documents and facts. All of which didn’t just signal the DOJ and IRS-CI planned on cracking down on the nationwide conservation easements scheme but the cases discussed in this article truly drive home the facts…
Weisselberg Indictment and Trump Charity Taxes
As early as May 2021 I’ve discussed why it will be the easements. Technically I’ve said this as far back at 2017 but that research is gone from twitter. However I remain undaunted in my belief that it will come down to these easements. Additionally in this July 4, 2021 article I walked you through how you could easily obtain the Donald J Trump Foundation Tax Returns. I further explained that Donald Trump Jr’s public comments/arguments not only strained credulity but I also gave you the exact pages from the Foundation’s IRS-990s. Moreover I also explained that Trump Jr should really just zip it.
In my industry we have a saying “Silence is the refuge of the wise…” and that if you think an aggressive full on media saturation of your disingenuous arguments— that isn’t exactly helpful to your former CFO’s ongoing criminal case. Notice how silent Team Trump has been regarding Weisselberg?
Based on a recent aired segment via MSNBC -which expands on the recent reporting by Forbes —that prosecutors subpoenaed Forbes reporters concerning their 2015 Article that detailed Trump’s purported “net worth”
..After months of objections, on Wednesday, the judge overseeing this grand jury process ordered us to testify, but limited the scope to simply confirm the accuracy of what was in the cover story and the article about the apartment. And so, yesterday we did just that. I testified for about 20 minutes; Peterson-Withorn followed for about 5 minutes.
The methodology that goes into our Forbes 400 list of the richest Americans. (He read aloud our 2015 published statement. You can read the largely similar current version here.) And that we apply that methodology consistently across the board. (Trump incorrectly claimed in the story that we somehow have one methodology for him and another for every other billionaire in America.)
If recent public reporting is correct that the Manhattan DA’s Office plans to bring racketeering charges against Donald Trump and the Trump Organization then it makes sense to help my readers understand what the New York Penal codes states:
See New York State’s RICO statute
New York Penal Code Article 460, et seq -which reads in part:
…A person is guilty of enterprise corruption when, having knowledge of the existence of a "criminal enterprise" and the nature of its activities, and being employed by or associated with such enterprise, he or she:
Intentionally conducts or participates in the affairs of an enterprise by participating in a pattern of criminal activity;
Intentionally acquires or maintains an interest in or control of an enterprise by participating in a pattern of criminal activity; or
Participates in a pattern of criminal activity and knowingly invests any proceeds derived from that conduct, or any proceeds derived from the investment or use of those proceeds, in an enterprise.
The enterprise that is corrupted need not be the criminal enterprise by which the person is employed or with which he or she is associated, and may be a legitimate enterprise.
The NYS Penal Code defines "criminal enterprise" is "a group of persons sharing a common purpose of engaging in criminal conduct, associated in an ascertainable structure distinct from a pattern of criminal activity, and with a continuity of existence, structure and criminal purpose beyond the scope of individual criminal incidents." Thusly the Manhattan DA (and/or the NY AG’s office) would need to prove the following elements:
…Elements of an Enterprise Corruption Charge:
The defendant participated in a pattern of criminal activity
By engaging in one of the three proscribed forms of conduct (i.e., conducting or participating in the affairs of an enterprise through a pattern; acquiring or maintaining an interest in or control of an enterprise through a pattern; or investing the proceeds of a pattern in an enterprise); and
The defendant had knowledge of the existence of a criminal enterprise and the nature of its activities and was employed by or associated with that enterprise.
I know that many of you are worried, given District Attorney Cy Vance will leave his post on December 31, 2021, but do not forget (in March 2021) the New York State Attorney General joined the Manhattan investigation. Moreover just because the District Attorney’s term expires in about two weeks then you are overlooking the dedicated investigators and line prosecutors.
I’m going to remind you that famed attorney Mark F. Pomerantz, took a leave of absence (in February 2021) and joined Cy Vance’s team. Again I get the angst and concern, especially from those who are not in the legal profession. What I am trying to explain to you is the “concern” about Vance’s eminent departure as the Manhattan District Attorney is completely overblown. So y’all need to actually calm down. If you know anything about Mark Pomperantz then you’d know he’s a gladiator and an actual litigation titan. He wouldn’t leave his incredibly lucrative law practice to “become a government prosecutor” if there wasn’t a sufficient predicated to indict Donald J Trump. Again this will have nothing to do with Trump’s purported “mob ties” or “money laundering for a international crime syndicate” -it is likely has everything to do with:
tax fraud as it relates to his conservation/preservation easements
And if you’re wondering pursuant to the New York Penal code the “enterprise: is Trump Organization. One thing that you should also keep in mind -prosecutors will also have to prove that Donald J Trump did “knowingly, deliberately with malice of forethought with the intent to deceive” manipulated the Manhattan and New York State Tax Divisions by intentionally under reporting the value of his actual real estate holdings. That’s important because that could usher in other fraud related charges (think Financial Institutions like Deutche Bank, recently the Washington Post reported “longtime accountant testifies to N.Y. grand jury in criminal probe“…) where Trump repeatedly turned to Deutsche Bank and (likely) fraudulently obtained mortgages and loans.
See the following recent public reporting concerning Trump’s West Chester property and reported a third DA’s office is now investigating Trump and his real estate holdings.
See recent Seven Springs article which largely affirms my previous assertion that his conservation/preservation easements spell d-o-o-m for Trump
Now I’d like to draw your attention to the ongoing New York Attorney General’s litigation because many seem to forget that the New York Attorney General’s office has an ongoing and protracted litigation with Donald Trump, Eric Trump and more broadly the Trump Organization. See NYS SCROLL database for the various largely unreported court filings. Provided you know the index number you can actually access the court filings at no cost.
September 23, 2021 ORDER - SEALING re document no 30
this NYS SCROLL link (type in the aforementioned index number) will take you to the full public docket regarding Attorney General James v Trump et al. To be clear the recent filings in the aforementioned NYAG case —one particular filing was filed under-seal and a news outlet asked the NYS Court to unseal Document 30 and boy are there a lot of very interesting facts contained herein.
Specifically I’d like to draw your attention to Exhibit A -which is an aggregated list of production, procedures, perimeters and in the event of failing to produce responsive records of the 2019 Subpoena(s) -see Scribd Link
And lastly Exhibit B - a list of custodians:
Patrick Birney -Assistant Vice President. Financial Operations Trump Org
Troy Bonjavanni Treasury Manager at The Trump Organization
Alexander Cannon, Counsel Trump Org, he was recently tap to wind down Trump’s failed reelection campaign
To be clear some of these names should ring a bell -during Michael Cohen’s 2019 Congressional Testimony he actually named three current Trump Org employees who help Trump facilitate (likely fraudulent) Mortgage/Loan applications. And on December 11, 2021 it was widely reported that Manhattan DA interviewed employees at Trump's bank and insurance broker in criminal probe -
also ICYMI within 90 minutes of Michael Cohen’s newly filed Federal Complaint alleging that Donald Trump and Bill Barr unquestionably violated Cohen’s constitutional rights, I published the following article, you should read it because Andy Laufer is one of the most venerable civil rights attorneys I have the privilege to call a friend,
Also on September 14, 2021 Eric Trump’s attorney Marc L. Mukasey, requested to withdraw from the case. Lest we forget that in May of 2021 the New York Attorney General’s office issued the following statement concerning the ongoing civil matter (largely focused on Trump’s Seven Springs) and under/over valuation of his shitty golf courses. I’m not an avid golfer but I’ve had the occasion of playing at three of his courses. In general these courses are fun courses but damn the greens are super rough and bumpy…also Trump National DC smells of constant bleach and rancid food. Plus the issue of the damage his course did to the exquisite Potomac River banks, Trump lied to the local Board of Supervisors, he failed to complete the water table drainage mitigation plan and that exfoliated the river banks erosion to the point the County Board of Supervisors fined Trump Org for the damage they did to the Potomac River which ultimately dumps into the Chesapeake Bay. In short, at first glance his properties might be appeasing to the eye but they tend to be a facade, upon closer inspection his properties are distastefully furnished and they tend to stink, like a stomach turning aroma
“We have informed the Trump Organization that our investigation into the organization is no longer purely civil in nature. We are now actively investigating the Trump Organization in a criminal capacity, along with the Manhattan DA,” Attorney General James’ spokesman, Fabien Levy
So my point is the next two weeks could be a very interesting. But I am urging you to stop polluting your brain with the Twitter Blue-QANON’s “Mob + Money Laundering = Trump going to jail” you do understand that some of us have continued to give readers the facts with supporting documents. And the countless hours of my own research suggest the three ongoing criminal investigations (Manhattan DA, West Chester DA and New York Attorney General) has nothing to do with “the mob” or the specious allegation of Trump Org = money laundering. Then again it’s completely within your control of who and what you believe. And your prerequisite reward for slogging through this article;
Lastly Monday thru Wednesday of this week, will be far more hellish for me than the last four weeks combined. On a brighter note I managed convinced my other half, since no one rented out our beach house for the week of Christmas and New Year’s, we should just go spend the holidays at the beach. What’s the point of letting it be vacant when we could enjoy the spoils of our hard earned investment?Incidentally there’s a very strong likelihood that we will be moving to the West Coast. In a perfect world the offer would allow my spouse to work remotely, although negotiations are ongoing. However last week I did inform my employer about the possible relocation. Since we are in the middle of negotiating my annual contract with them, to wit they keep throwing money at me to not move, Part of me thinks “that’s great -the family and I will visit you once a quarter on the West Coast’ but ultimately that’s not exactly feasible.