NY AG Letitia James drops the (civil) hammer {On Trump & Family} [9/21/2022]

Hey, Donnie. This is real life. There is no kayfabe here.

I found this NY Times article from a year ago, which indicates that the New York Attorney General uses this law on a regular basis, to go after large corporations which are not following the law:

https://www.nytimes.com/2022/09/23/nyregion/donald-trump-letitia-james-lawsuit.html?unlocked_article_code=bmN3A8LMxzuY1T3oXcNhIYmVXB4A29-oCgAlatYmJG0fld_OCqdKOf0ndXVXT76670FYw5qiHgA55CZn7A_elVg2ylgAEtdzK2I0gg0zSNxE009QaQtXyiZZlplyRQousJyjw13J3_lQ2uZsxmRxuEn1VWR1tY-xIxFLdxGz4NlCbBqruQIdqoSSWWXO6yGDkC60itQTACAiJ4j6cKHI98zxmVAxeR4QNn9x8WxUufeK7803uT61Lum-QimXTQtMqTB_FSdEObLJ6xX14Gzbsk66NhYgDDtnRdTAdFNKT87T4EiVXm_tEc0k7doZQy_1XY8vtWD8wEjjx0PqXVRb6TGeCfhri5SlxZTMtTDs&smid=url-share

I keep hearing talk of taking Mara Lardo along with trump tower. I thought properties in Florida had special protection from seizures, that being why OJ moved there.

Personal pensions get special protection in Florida, I believe.

Mar-a-Lago is owned by a corporation.

AIUI, nearly all of the Trumps’ residences are owned by their various companies.

Which is bog-standard procedure for the wealthy. Of course, trump being trump, it also provides a convenient way to steal extra money. But in and of itself, the fact companies (probably LLCs) own the residences is neutral, not damning.

I think the point was that it might defeat the protections for personal residences that Florida has enacted.

Yes, that was the point I was trying to make. My understanding of the OJ case is that Florida has very strong protections for pensions, to make them near-impossible to garnishee. (Query: how does the age demo in Florida skew? :wink: )

But corporations aren’t people, they don’t have pensions. I’m not aware of any special protections for corporate property in Florida?

I don’t want to take this too far, but it doesn’t look to me (IANAL) like Mar-A-Lago would be protected from forfeiture/seizure under FL law:

Homestead is defined as one’s principal place of residence up to one-half acre within a municipality and up to 160 contiguous acres outside a municipality

[MAL is ~17-20 acres and apparently in Palm Beach]

homestead property must be owned only by “natural persons.” As such, properties titled in the name of limited liability companies, corporations, partnerships, irrevocable trusts and other entity forms will not qualify as homestead property. Courts, however, have ruled that property owned by living trusts can be homestead property as well as 99-year leasehold interests. The “natural persons” ownership requirement is often overlooked by individuals or out-of-state practitioners who are unfamiliar with Florida homestead protection laws and attempt to convey otherwise qualified homestead properties to asset protected entities used in other contexts

[I’m going to guess that this one’s a wee bit iffy. I’ve been presuming he holds it in an LLC, but it could very well be a Trust for his family, kids, grandkids, or … an adult film actress]

Additionally, adding a co-owner who does not permanently reside in the homestead property may jeopardize the homestead status. In this instance, a judgment creditor of such co-owner can reach the co-owner’s ownership share of the homestead and force its sale.

[Permanent residency, too, is probably arguable, though I thought Trump had already violated his agreement with the City based on frequency and duration of stays, so … maybe … just maybe … it – de jure – cannot be his primary residence (?)]

ETA: Forbes has gone a bit farther with the issue:

ETA2: apparently, the actual wording can be found in this 1p PDF:

But there’s also the fact that it’s not just his personal residence. It’s a commercial operation, with paying members entitled to stay and use the facilities. That doesn’t sound like a homestead to me, but who knows?

Legal Eagle just posted a video talking about the impact of the ruling against his businesses. It is described as the “Corporate Death Penalty”, and also as “bankruptcy but much worse”. And there are predictions that it’s just going to get worse for him. I think it’s worth a watch.

Trump is living there as an employee. That’s how he got around the rule that members can only live there up to 21 days per year, which is what his neighbors tried to argue in 2021.

Trump Can Legally Live At Mar-A-Lago, Palm Beach Says (forbes.com)

So it doesn’t sound like he is considered the homeowner even if he owns it.

They denied the request to halt the trial, but did grant a hold on the business suspension. On to trump cfo on the stand on Tuesday.

So, in a taped deposition shown today, Trump Organization CFO and accountant Allen Weisselberg testified that he wasn’t familiar with GAAP, an acronym for “generally accepted accounting principles” because he wasn’t a CPA (certified public accountant) and had never studied for the CPA exam.

Donald Trump Jr. showed a higher level of knowledge about GAAP than the company’s chief accountant, admitting that he probably learned about them when he took Accounting 101 in business school. When asked what he remembered, he replied “that they’re generally accepted.”

GAAP between his ears.

:woman_facepalming:t4:

You really can’t make this shit up.

“…only the best people. Top-of-the-line professionals…”

This is the first case to really bite hard, I think it’s inevitable that Trump continues to make thinly-veiled threats, possibly gets himself thrown in jail for it. I hope Engoron is well protected by a security detail.

In fairness, a CFO does not need to be a CPA. That’s why they have an accounting department.

But not knowing anything about GAAP? That’s mind boggling.