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New York Investigators Subpoena Michael Cohen for Documents Linked to Trump Foundation New York Investigators Subpoena Michael Cohen for Documents Linked to Trump Foundation
(about 1 hour later)
Investigators in New York issued a subpoena to Michael D. Cohen, President Trump’s former fixer and lawyer, for documents related to the Donald J. Trump Foundation on Wednesday, an escalation of the Cuomo administration’s investigation into whether the president’s charity violated tax laws.Investigators in New York issued a subpoena to Michael D. Cohen, President Trump’s former fixer and lawyer, for documents related to the Donald J. Trump Foundation on Wednesday, an escalation of the Cuomo administration’s investigation into whether the president’s charity violated tax laws.
After receiving the subpoena, Mr. Cohen called the investigators in the state Tax Department to ask when they could talk, according to a person with knowledge of the investigation.After receiving the subpoena, Mr. Cohen called the investigators in the state Tax Department to ask when they could talk, according to a person with knowledge of the investigation.
The subpoena was issued less than a day after Mr. Cohen pleaded guilty in Federal District Court in Manhattan to charges including campaign finance violations, in the form of payments to two women who said they had affairs with Mr. Trump, for the “purpose of influencing the election” for president in 2016.The subpoena was issued less than a day after Mr. Cohen pleaded guilty in Federal District Court in Manhattan to charges including campaign finance violations, in the form of payments to two women who said they had affairs with Mr. Trump, for the “purpose of influencing the election” for president in 2016.
It also came amid a continuing war of words between Gov. Andrew M. Cuomo, a sharp-elbowed Democrat who is said to have presidential aspirations, and Mr. Trump, as both have lobbed personal attacks at each other over Twitter and in speeches. Mr. Cuomo — whose primary opponent, Cynthia Nixon, has accused him of only lukewarm liberalism — has presented himself as a progressive foil to Mr. Trump.It also came amid a continuing war of words between Gov. Andrew M. Cuomo, a sharp-elbowed Democrat who is said to have presidential aspirations, and Mr. Trump, as both have lobbed personal attacks at each other over Twitter and in speeches. Mr. Cuomo — whose primary opponent, Cynthia Nixon, has accused him of only lukewarm liberalism — has presented himself as a progressive foil to Mr. Trump.
The subpoena to Mr. Cohen on Wednesday, issued by the state’s Department of Taxation and Finance, seemed calculated to strike yet another blow — both legal and political — against the president and his inner circle.The subpoena to Mr. Cohen on Wednesday, issued by the state’s Department of Taxation and Finance, seemed calculated to strike yet another blow — both legal and political — against the president and his inner circle.
It seeks documents related to both personal and business federal tax filings, as well as state tax filings, connected to the foundation, according to two senior Cuomo administration officials, who spoke on condition of anonymity because they were not authorized to speak about an open investigation. Those documents could include general ledgers, bank statements, invoices and contracts.It seeks documents related to both personal and business federal tax filings, as well as state tax filings, connected to the foundation, according to two senior Cuomo administration officials, who spoke on condition of anonymity because they were not authorized to speak about an open investigation. Those documents could include general ledgers, bank statements, invoices and contracts.
The officials said the subpoena stemmed from remarks that Lanny J. Davis, a lawyer for Mr. Cohen, made on Tuesday evening on NBC News and CNN. “I do believe that he has information about Mr. Trump that would be of interest both in Washington as well as New York State,” Mr. Davis said of Mr. Cohen on CNN, referring to a two-year investigation the state attorney general’s office conducted into the Trump Foundation. When contacted on Wednesday, Mr. Davis declined to provide further information about Mr. Cohen’s knowledge of the foundation.The officials said the subpoena stemmed from remarks that Lanny J. Davis, a lawyer for Mr. Cohen, made on Tuesday evening on NBC News and CNN. “I do believe that he has information about Mr. Trump that would be of interest both in Washington as well as New York State,” Mr. Davis said of Mr. Cohen on CNN, referring to a two-year investigation the state attorney general’s office conducted into the Trump Foundation. When contacted on Wednesday, Mr. Davis declined to provide further information about Mr. Cohen’s knowledge of the foundation.
James Gazzale, a spokesman for the Tax Department, confirmed the subpoena had been issued “for relevant information in light of the public disclosures made yesterday” but declined to comment further, citing an ongoing investigation.James Gazzale, a spokesman for the Tax Department, confirmed the subpoena had been issued “for relevant information in light of the public disclosures made yesterday” but declined to comment further, citing an ongoing investigation.
Representatives of the Trump Organization, an umbrella company for Mr. Trump’s holdings, did not immediately respond to a request for comment about the subpoena on Wednesday.Representatives of the Trump Organization, an umbrella company for Mr. Trump’s holdings, did not immediately respond to a request for comment about the subpoena on Wednesday.
On its own, the Tax Department’s inquiry may provide political ammunition for Mr. Cuomo more than it presents a legal peril to Mr. Trump. Even if the department found evidence of criminal behavior, it would need to refer the matter to a law enforcement agency, such as the attorney general’s office or a district attorney, for prosecution.On its own, the Tax Department’s inquiry may provide political ammunition for Mr. Cuomo more than it presents a legal peril to Mr. Trump. Even if the department found evidence of criminal behavior, it would need to refer the matter to a law enforcement agency, such as the attorney general’s office or a district attorney, for prosecution.
In June, the state attorney general sued the Trump Foundation in civil court, accusing the charity of violating campaign finance laws, self-dealing and illegally coordinating with Mr. Trump’s presidential campaign. The suit said the foundation was co-opted by the campaign during the 2016 race. Campaign staff not only directed foundation fund-raisers but also controlled who received grants, according to the lawsuit. The lawsuit sought to dissolve the foundation, recover $2.8 million in restitution and temporarily bar President Trump and three of his children from serving in leadership positions in New York nonprofits.In June, the state attorney general sued the Trump Foundation in civil court, accusing the charity of violating campaign finance laws, self-dealing and illegally coordinating with Mr. Trump’s presidential campaign. The suit said the foundation was co-opted by the campaign during the 2016 race. Campaign staff not only directed foundation fund-raisers but also controlled who received grants, according to the lawsuit. The lawsuit sought to dissolve the foundation, recover $2.8 million in restitution and temporarily bar President Trump and three of his children from serving in leadership positions in New York nonprofits.
Administration officials would not say when the Tax Department’s investigation began, but it became public a month after the attorney general’s lawsuit.Administration officials would not say when the Tax Department’s investigation began, but it became public a month after the attorney general’s lawsuit.
Beyond the civil charges, the attorney general’s office has not announced a criminal investigation into the foundation, saying only that it would seek a referral to begin one at the appropriate time. But because the office’s review of the Trump Foundation is still active, the office is coordinating with the Tax Department’s inquiry, according to an official familiar with the investigation, who also requested anonymity because the investigation is active. Beyond the civil charges, the attorney general’s office has not announced a criminal investigation into the foundation, saying only that it would seek a criminal referral from a state agency at the appropriate time. But because the office’s review of the Trump Foundation is still active, the office is coordinating with the Tax Department’s inquiry, according to an official familiar with the investigation, who also requested anonymity because the investigation is active.
Mr. Trump established the Donald J. Trump Foundation in 1987, when he was a New York City real estate developer, with the stated mission of collecting and maintaining money “exclusively for charitable, religious, scientific, literary or educational purposes,” either directly or by donating to other organizations. It had about $1 million in assets in 2016, according to its last I.R.S. filing. Mr. Trump was the foundation’s president until he stepped down after taking office in January 2017.Mr. Trump established the Donald J. Trump Foundation in 1987, when he was a New York City real estate developer, with the stated mission of collecting and maintaining money “exclusively for charitable, religious, scientific, literary or educational purposes,” either directly or by donating to other organizations. It had about $1 million in assets in 2016, according to its last I.R.S. filing. Mr. Trump was the foundation’s president until he stepped down after taking office in January 2017.
In October 2016, the New York attorney general’s office ordered the foundation to cease soliciting donations in the state, after Mr. Trump admitted he had used the foundation’s money to contribute to political causes. After the election, Mr. Trump announced he would dissolve the foundation to avoid an appearance of a conflict of interest, but the attorney general did not approve the proposal, saying the office needed to finish its investigation.In October 2016, the New York attorney general’s office ordered the foundation to cease soliciting donations in the state, after Mr. Trump admitted he had used the foundation’s money to contribute to political causes. After the election, Mr. Trump announced he would dissolve the foundation to avoid an appearance of a conflict of interest, but the attorney general did not approve the proposal, saying the office needed to finish its investigation.