Bombshell: Trump suddenly poised to face NEW charges
Summary
TLDRIn this episode of 'The Legal Breakdown', Glenn and Brian discuss recent revelations about Donald Trump's tax maneuvers involving a Chicago skyscraper. In the early 2000s, Trump declared a $651 million loss for tax purposes and later declared another loss after shifting ownership between partnerships, leading to a $73 million tax refund. Investigations by The New York Times and ProPublica suggest these actions may have breached tax laws, resulting in potential penalties of over $100 million. The discussion also touches on systemic issues with prosecuting financial crimes among the elite and the broader implications of unequal legal enforcement.
Takeaways
- ๐ข Donald Trump declared a Chicago skyscraper worthless for tax purposes after failing to sell space and meet financial obligations, resulting in a $651 million tax loss in 2008.
- ๐ In 2010, Trump shifted the building's ownership between his partnerships and declared another $168 million loss, receiving a $73 million tax refund.
- ๐ฐ The New York Times and ProPublica reported on this potential tax fraud, suggesting Trump may owe an additional $100 million including penalties, fees, and interest.
- ๐ง Tax experts, including law professor Walter Swety, believe Trump took advantage of the tax system, with Swety stating, 'I think he ripped off the tax system.'
- โณ Despite potential statute of limitations for criminal prosecution, the government can still collect money owed due to tax fraud.
- ๐ Ongoing criminal conduct, such as a conspiracy to cover up tax fraud, can extend the statute of limitations.
- ๐ Tax fraud violates both federal and state laws, and it is unclear why the federal government has not pursued Trump for alleged violations.
- ๐ฐ The federal government has been criticized for not effectively pursuing wealthy individuals, like Trump, for financial crimes.
- ๐จ There is a call for equal application of the law and stronger deterrence against white-collar crimes to prevent recurrence.
- ๐ค The IRS's lack of action against Trump for over a decade raises questions about the government's effectiveness in addressing tax fraud.
- โ๏ธ It is suggested that criminal prosecution, rather than civil lawsuits, is necessary to deter Trump and others from engaging in similar fraudulent activities.
Q & A
What is the main allegation against Donald Trump in the New York Times and ProPublica report?
-The main allegation is that Donald Trump may owe the government an additional $100 million after allegedly double-dipping on some tax breaks related to a Chicago skyscraper project.
How did Donald Trump allegedly manipulate the tax system according to the report?
-He declared the Chicago skyscraper worthless for tax purposes, taking a $651 million loss in 2008. Later, in 2010, he shifted ownership between his partnerships and declared another loss of $168 million, which resulted in a $73 million tax refund.
What role did Deutsche Bank play in the situation?
-Deutsche Bank was one of the lenders that provided Donald Trump with substantial loans for the construction of the Chicago skyscraper.
What is the potential legal consequence for Donald Trump if the allegations are proven true?
-If proven true, Donald Trump could face penalties for tax fraud, which may include repayment of the funds, plus interest, fees, and potentially criminal charges.
Is there a statute of limitations that could protect Donald Trump from prosecution?
-Statutes of limitations generally apply to criminal prosecutions, but not necessarily to the government collecting money owed due to tax fraud. The statute may not begin to run until the last act of an ongoing crime, such as a conspiracy to cover up tax fraud, is completed.
What has been the role of investigative journalism in uncovering this potential tax fraud?
-Investigative journalism, including work by The New York Times and ProPublica, has been instrumental in bringing this issue to light, compiling evidence, and presenting a comprehensive case for potential tax fraud.
What is the opinion of Professor Walter Schwetz on Donald Trump's actions?
-Professor Walter Schwetz, an expert on partnerships and taxation law, is quoted as saying, 'I think he ripped off the tax system.'
How does the speaker, Glenn, suggest the criminal justice system should address white-collar crimes?
-Glenn suggests that the criminal justice system should focus more on prosecuting and holding accountable the ruling class criminals, such as billionaires and oligarchs, who cause widespread harm to society.
What is the current status of Donald Trump's legal battles, as mentioned in the script?
-Donald Trump is facing an $83 million judgment won against him by E.E. Caruso, and there is an ongoing civil lawsuit brought by Letitia James, which has resulted in a significant judgment against him.
Why does the speaker, Brian, believe that the federal government should consider criminal prosecution in this case?
-Brian believes that criminal prosecution would serve as a stronger deterrent against such fraudulent activities, not just for Donald Trump but also for others who might consider engaging in similar conduct.
What is the general sentiment expressed by the speakers regarding the government's response to financial crimes by influential individuals?
-The speakers express frustration and disappointment at what they perceive as a lack of swift and decisive action by the government and the IRS in holding high-profile individuals accountable for financial crimes.
Outlines
๐ฐ Tax Controversy Involving Donald Trump
In the early 2000s, Donald Trump built a 92-story skyscraper in Chicago and later declared it 'worthless' for tax purposes, taking a massive tax loss. Despite multiple loans and financial challenges, he continued this pattern by transferring ownership between his partnerships and claimed another loss, leading to significant tax refunds. The New York Times and ProPublica report that he may have breached tax laws, risking $100 million in taxes, penalties, and fees. Tax experts and investigative journalists suggest potential tax system abuses, raising questions about the statute of limitations and government action against such high-profile cases.
๐ Federal Inaction on High-Profile Tax Evasion
This segment delves into the criticism of federal oversight regarding Donald Trump's alleged tax fraud. Despite clear evidence from various trials and investigations indicating federal and state tax law violations, there has been a notable lack of federal action. The discussion raises concerns about the efficacy of the IRS and the broader federal system in prosecuting wealthy, influential figures. It highlights the disparity in legal enforcement against less affluent individuals versus the 'ruling class' and calls for a more equitable application of the law.
โ๏ธ Calls for Stronger Deterrence Against Financial Crimes
In the discussion about potential legal actions against Donald Trump for his tax fraud activities, there's a call for a shift from civil to criminal prosecutions to serve as a deterrent. The segment highlights the broader implications of weak legal actions against powerful individuals, suggesting that such leniency encourages repeated offenses. The speakers emphasize the need for swift and robust legal responses to prevent further abuses by individuals like Trump and express frustration with the current state of criminal justice in handling high-profile financial crimes.
Mindmap
Keywords
๐กTax Fraud
๐กIRS
๐กStatute of Limitations
๐กProPublica
๐กDouble Dipping
๐กTax Breaks
๐กFederal Tax Laws
๐กConspiracy
๐กCivil Suits
๐กEconomic Elite
Highlights
Donald Trump potentially owes an additional $100 million due to tax breaks manipulation, according to The New York Times and ProPublica.
Trump declared a $651 million loss on his taxes in 2008 after a failed skyscraper project in Chicago.
In 2010, Trump shifted ownership of the building between partnerships, claiming another $168 million loss and securing a $73 million tax refund.
The IRS tax code provisions allowed Trump to declare the building 'worthless' for tax purposes.
Evidence from Trumpโs New York fraud trial and a Congressional report in 2022 exposed these financial maneuvers.
Six tax experts consulted by The New York Times supported claims of Trump's tax law violations.
Statute of limitations issues complicate the possibility of prosecuting Trump, but ongoing criminal conduct could extend these limits.
Tax fraud involves both federal and state legal violations, suggesting dual avenues for prosecution.
Federal inaction on Trumpโs financial crimes, despite state-level convictions, points to a broader issue of accountability.
IRSโs delayed action on Trump's tax violations raises questions about oversight effectiveness.
Leticia James and Alvin Bragg are key figures in state-level actions against Trump, including massive fraud lawsuits.
Trump faces possible future criminal prosecutions beyond civil suits to address financial misconduct.
The discussion emphasizes the need for deterring future crimes by high-profile figures through stronger legal consequences.
The role of media and investigative journalism highlighted in unveiling significant financial misconduct.
Criminal justice priorities discussed, suggesting a shift towards prosecuting high-impact white-collar crimes.
Transcripts
you're watching the legal breakdown so
Glenn we've got breaking news from The
New York Times and prua that Donald
Trump May owe the government an
additional $100 million after double
dipping on some tax breaks can you
explain what happened here yeah let me
try to take our viewers uh through this
it's kind of dense and anytime tax law
gets involved it it can pretty quickly
become confusing but here are the basics
so in the early 2000s Donald Trump
decided he was going to build a glass
encased 92 story skyscraper in Chicago
took out lots and lots and lots of loans
from Deutsche Bank and elsewhere and
ultimately after he built the building
he realized he couldn't sell the space
and he couldn't meet his financial
obligations he couldn't even service his
debt so under a provision of the IRS tax
code he had the building declared
worthless he is one heck of a
businessman declared worthless for tax
purposes and he took a
$651 million loss on his taxes in 2008
but he wasn't done there Brian two years
later in 2010 what he did according to
the New York Times and the propublica
reporting is he then shifted ownership
of the building from one of his
Partnerships to another of his
Partnerships the New York Times
reporting equates that with basically
moving your coin coins from one of your
pockets to the other pocket and then he
declared another loss this time $168
million and he got himself a nice tax
refund as a result of $73 million now
this was all discovered it looks like in
part by some of the evidence that came
out in his New York fraud trial there
was also a 2022 Congressional report
discussing some of this and whole bunch
of investigative journalists put it all
together and they're now reporting out
that it looks like he may have violated
tax laws to the tune of about $100
million plus penalties plus fees plus
interest and I am no tax expert but in
the New York Times article they said
they consulted with six tax experts um
one is on record in the article a
gentleman named Walter swety apologies
of if I'm mispronouncing the good
professor's last name and this this law
professor is an expert on the law of
Partnerships and Taxation and here is
his assessment this is a quote he said
of Donald Trump quote I think he ripped
off the tax system close quote and I I
will leave it with Professor s dy's
estimation of what Donald Trump appears
to have done here yeah it seems like a
safe bet even if you even if you don't
dig into the details of Donald Trump
it's a safe bet to just say that Donald
Trump has probably ripped off the tax
system Glenn can the government still go
after any of these funds is there a
statute of limitations issue here what
what what could happen next yeah that's
a great question and I don't want to
pretend to know more than I do about the
tax laws and the tax regulations but
what I will say is even if there are
statute of limitations issues those
generally apply to criminal prosecutions
not to the government collecting money
it is owed courtesy of tax fraud so uh
all of this and it also depends on
whether this was an ongoing course of
criminal conduct you know one of the
things that I I think we we don't always
recall when we're talking about a
statute of limitations which is just a
fancy term for how long after the
commission of the crime can somebody be
prosecuted in the federal law lots of
crimes have a fiveyear statute of
limitations I will say as a former
career prosecutor Brian I was never
fonded of statutes of limitations
because think about it somebody commits
an egregious crime and as long as they
can keep it hidden for five years and a
day they're home free that always felt a
little suspect to me but the thing is if
you're in an ongoing conspiracy
including potentially to cover up your
tax fraud and hide it from the IRS from
the federal government that can often
extend the statute of limitations
because the statute doesn't begin to run
until until the very last Act of the
crime has been completed so it's an open
question we don't know enough to say
whether there will or will not be
statute of limitations problems
attendant to this possible tax fraud and
is this a a federal or a state crime and
and who would bring him to court based
on that question so here's the thing
anytime somebody commits tax fraud you
are committing crimes in violation of
the federal law and in violation of the
state law unless of course you defraud
the federal government out of your taxes
but for the same transaction or for the
same calendar year you correctly report
and pay all your state court your your
your state taxes doesn't make any sense
which is why you know I've had a beef
with the federal government for a very
long time over you know what seems to be
its neglect of holding Donald Trump
accountable for financial crimes and
most most directly the tax implications
of those financial crimes because I am
quite sure all of the evidence that came
out during Donald Trump's New York fraud
trial that implicated New York state tax
violations also violated federal tax
laws now why the federal government has
never decided to really go after Donald
Trump for alleged violations of federal
tax laws now that's a stone cold mystery
to me and to that point then you know
obviously Donald Trump is a con man and
a criminal and a fraud fraud we know
that but double dipping on $100 million
worth of tax breaks strikes me as a
pretty big red flag for the government
like how how does the IRS miss this and
is this not also deserving of major
condemnation on the government's side
yeah I I don't I I have a hard time
believing Brian that the IRS missed this
here we are some 15 years down the road
from these potential you know tax viol
ations and Donald Trump has not been
held accountable now there is some
indication in the reporting that the IRS
has been looking into this for years but
that sort of begs the question why
haven't they taken action um what I will
say is that our federal government does
not do a very good job going after what
I call the ruling class criminals you
know the millionaires the billionaires
the American oligarchs whether in big
oil or big Tech or the
military-industrial complex big Pharma
big entertainment big internet you know
any of it we don't do a particularly
good job and when I say we I was a
federal prosecutor for decades now I
focused more on violent crime and Rico
organizations than I did on White Collar
fraud cases but you know we seem to
forever be willing to deal with these
legal transgressions when we find them
by having these you know well moneyed
potential defendants pay fines pay back
taxes pay penalties and pay interest but
never seeing one minute of criminal
accountability for what they did and you
know what that encourages Brian it
encourages these people to do it all
over again and simply work into their
operating budgets the fines and
penalties back taxes and interest they
know they're going to have to pay so for
them it feels like it is forever a
business decision because they seem to
be very rarely held accountable as sort
of a criminal law matter right at this
point they basically say like let's just
go for it worst case scenario we get a
slap on the wrist that is just paying
what we would have had to pay anyway but
more likely we won't have to pay
anything I mean Donald Trump got away
with a hundred million and double
dipping on taxes and waited the
government waited what 15 years for the
for the New York Times and prua to do a
story on it before we even see any
action
you know if I had my way um and you put
me in charge I I never wanted to be a
dictator for a day like some others but
what I would do is turn the criminal
justice system on its head you know we
do a very good job at going after
somebody who snatches a purse or sells a
rock of crack particularly when they are
you know folks without any power or
influence or connections or wealth often
they are you know our minority brothers
and sisters boy we go at them like Gang
Busters but we lay off the ruling class
criminals I for one would turn the
criminal justice system on its head why
because if you sell a rocker crack or
you snatch a purse don't get me wrong
those are not victimless crimes and we
need to pay attention to the experience
of the victims in each and every crime
but when you talk about the ruling class
criminals the billionaires who are
committing crime they will do damage to
large swats of the American popul
as far as I'm concerned that's where we
should be focusing our law enforcement
efforts on the people doing the most
harm on the people creating the most
victims in our country I would turn our
priorities on their heads and I would
start to actually equally apply the law
to everybody then again I don't think
I'm ever going to be dictator for a day
uh Glenn let's finish off with this
practically speaking I think you know
based on what what you've said based on
what we can all see it's highly likely
that the federal government will decide
to go after Donald Trump for this $100
million in uh in double dipping on on
tax breaks but if the if the state of
New York went went after him where would
we most likely see a lawsuit emanating
from would that be Leticia James would
it be Alvin
Bragg you know I feel like Leticia James
has done her part she has stepped up she
brought a massive fraud lawsuit not a
prosecution but a lawsuit to try to
recover some of the money that you know
Trump and Company buil the New York
taxpayers out of and she won an enormous
judgment against Donald Trump about half
a billion dollars of course Donald Trump
is also laboring under an 83 million
judgment that was won against him by EEG
Carol so here he may end up what owing
another hundred million in back taxes to
the federal government maybe they can
take it out of his prison pay after he
gets convicted
after he gets convicted in one or more
at a rate of like at a rate of what like
$2 a day yeah they'll get about 10 cents
a day um but but to answer your question
you know I feel like enough with the
civil suits being brought against Donald
Trump not that I would sort of dismiss
anybody who has a winning cause of
action against Donald Trump but you know
at this point it's all about deterring
this kind of conduct and the the way to
most directly deter not only Donald
Trump but others who would choose to
follow in his footsteps is to prosecute
them for their crimes so you know if
there are cases to be brought based on
this latest Revelation I sure hope the
evidence supports bringing criminal
prosecutions against him not just trying
to claw back some of the money that he
never should have received in the first
place right the whole point should be
that there has to be some deterrent here
so that he and people like him don't
just keep thinking that this is okay
because that's the message that they're
getting right now not just on the tax
stuff but basically on everything I mean
there's a reason that Donald Trump is so
quick to try to engag in the same
activities um election un undermining
activities that he engaged in in 2020
that's because we have been so slow to
prosecute the guy the fact that we can't
deliver Swift accountability all it does
is serve to embolden the very criminals
who committed these crimes in the first
place um with that said we'll continue
to keep an eye on this it is you know a
pretty sad commentary on the state of
Criminal Justice in this country that it
takes the New York Times and propublica
to to um to unveil what's happening here
before the the federal or state
governments will actually do something
to to to make up for it but again we'll
keep an eye on it and hopefully we do
see some movement so that again to to
the exact point I was making uh we don't
continue to embolden these criminals uh
like Donald Trump with that said uh I'm
Brian teller Cohen and I'm Glennon
kersner you're watching the legal
breakdown
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