Bombshell: Trump suddenly poised to face NEW charges

The Legal Breakdown with BTC & Glenn Kirschner
12 May 202413:04

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

  • ๐Ÿข 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.
  • ๐Ÿ”„ In 2010, Trump shifted the building's ownership between his partnerships and declared another $168 million loss, receiving a $73 million tax refund.
  • ๐Ÿ“ฐ 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.
  • ๐Ÿง 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.'
  • โณ Despite potential statute of limitations for criminal prosecution, the government can still collect money owed due to tax fraud.
  • ๐Ÿ” Ongoing criminal conduct, such as a conspiracy to cover up tax fraud, can extend the statute of limitations.
  • ๐Ÿ› Tax fraud violates both federal and state laws, and it is unclear why the federal government has not pursued Trump for alleged violations.
  • ๐Ÿ’ฐ The federal government has been criticized for not effectively pursuing wealthy individuals, like Trump, for financial crimes.
  • ๐Ÿšจ There is a call for equal application of the law and stronger deterrence against white-collar crimes to prevent recurrence.
  • ๐Ÿค” The IRS's lack of action against Trump for over a decade raises questions about the government's effectiveness in addressing tax fraud.
  • โš–๏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

00:00

๐Ÿ“ฐ 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.

05:01

๐Ÿ” 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.

10:02

โš–๏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

๐Ÿ’กTax Fraud

Tax fraud refers to intentional wrongdoing to evade tax laws, often by falsifying information reported to tax authorities to reduce tax liability. In the video, tax fraud is central to the discussion, involving Donald Trump allegedly exploiting tax loopholes and making misleading claims to secure tax breaks worth millions. Examples from the script highlight a 'double dipping' on tax breaks and a significant tax refund received as a result of this maneuver, raising questions about legal and ethical violations in tax reporting.

๐Ÿ’กIRS

The Internal Revenue Service (IRS) is the U.S. government agency responsible for collecting taxes and enforcing tax laws. It plays a critical role in the video's narrative, as it is the body potentially affected by the alleged tax fraud committed by Donald Trump. The script questions why the IRS hasn't taken more substantial actions against such significant tax law violations, suggesting a systemic reluctance to pursue wealthy individuals aggressively.

๐Ÿ’กStatute of Limitations

The statute of limitations refers to the time limit within which legal action must be taken. In the video, this term is discussed in relation to whether the government can still pursue funds from Donald Trump despite the time elapsed since the alleged tax fraud. The script explains that while criminal prosecutions might be limited by the statute, collecting money owed due to tax fraud might not be, emphasizing the ongoing possibility of legal repercussions.

๐Ÿ’กProPublica

ProPublica is an investigative journalism organization mentioned in the video as having reported on Donald Trump's alleged financial discrepancies alongside The New York Times. Their collaborative investigative efforts are critical to unveiling the complex layers of the tax fraud case discussed, highlighting the role of investigative journalism in scrutinizing and exposing potential abuses by powerful figures.

๐Ÿ’กDouble Dipping

Double dipping, in this context, refers to the practice of claiming tax benefits from the same expense or loss multiple times. The video discusses Donald Trump allegedly engaging in this practice by declaring losses on the same property through different entities to gain additional tax refunds. This practice is presented as a serious ethical and potentially legal issue, with implications for both state and federal tax liabilities.

๐Ÿ’กTax Breaks

Tax breaks are reductions in tax liability afforded to taxpayers by the government, often to incentivize certain behaviors or investments. In the video, Donald Trump's use of tax breaks, particularly through questionable means like 'double dipping,' is a focal point, showing how these financial incentives can be exploited by wealthy individuals to reduce their tax payments significantly.

๐Ÿ’กFederal Tax Laws

Federal tax laws are the regulations enforced by the IRS concerning how taxes are calculated and collected at the national level. In the video, potential violations of these laws by Donald Trump are discussed, focusing on the misuse of tax provisions and unethical financial practices to avoid paying the rightful amount of taxes. The script criticizes the lack of federal action against such violations, despite evident abuses.

๐Ÿ’กConspiracy

Conspiracy in legal terms involves an agreement between two or more persons to commit a crime or to accomplish a legal purpose through illegal actions. The video raises the possibility that Donald Trump's actions could constitute a conspiracy to defraud the government, which might extend the statute of limitations for prosecuting such actions, highlighting ongoing legal risks.

๐Ÿ’กCivil Suits

Civil suits refer to lawsuits seeking to resolve non-criminal disputes between parties that often result in monetary settlements rather than criminal penalties. The video discusses various civil suits against Donald Trump, emphasizing the distinction between civil and criminal accountability and suggesting that more direct criminal prosecution may be necessary to effectively deter similar future offenses.

๐Ÿ’กEconomic Elite

The term 'economic elite' refers to individuals or groups who hold significant wealth and power within a society. The video critiques how the economic elite, including figures like Donald Trump, often evade the legal consequences of their actions due to their status and influence. This discussion points to systemic biases within the justice system that favor the wealthy and powerful, often at the expense of equitable law enforcement.

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 Trumpโ€™s 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 Trumpโ€™s financial crimes, despite state-level convictions, points to a broader issue of accountability.

IRSโ€™s 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

00:00

you're watching the legal breakdown so

00:01

Glenn we've got breaking news from The

00:03

New York Times and prua that Donald

00:05

Trump May owe the government an

00:06

additional $100 million after double

00:09

dipping on some tax breaks can you

00:11

explain what happened here yeah let me

00:13

try to take our viewers uh through this

00:15

it's kind of dense and anytime tax law

00:18

gets involved it it can pretty quickly

00:20

become confusing but here are the basics

00:23

so in the early 2000s Donald Trump

00:26

decided he was going to build a glass

00:29

encased 92 story skyscraper in Chicago

00:33

took out lots and lots and lots of loans

00:36

from Deutsche Bank and elsewhere and

00:39

ultimately after he built the building

00:42

he realized he couldn't sell the space

00:45

and he couldn't meet his financial

00:47

obligations he couldn't even service his

00:50

debt so under a provision of the IRS tax

00:53

code he had the building declared

00:55

worthless he is one heck of a

00:57

businessman declared worthless for tax

01:00

purposes and he took a

01:03

$651 million loss on his taxes in 2008

01:09

but he wasn't done there Brian two years

01:11

later in 2010 what he did according to

01:15

the New York Times and the propublica

01:17

reporting is he then shifted ownership

01:20

of the building from one of his

01:22

Partnerships to another of his

01:24

Partnerships the New York Times

01:26

reporting equates that with basically

01:29

moving your coin coins from one of your

01:31

pockets to the other pocket and then he

01:34

declared another loss this time $168

01:38

million and he got himself a nice tax

01:41

refund as a result of $73 million now

01:47

this was all discovered it looks like in

01:49

part by some of the evidence that came

01:52

out in his New York fraud trial there

01:55

was also a 2022 Congressional report

01:58

discussing some of this and whole bunch

02:00

of investigative journalists put it all

02:03

together and they're now reporting out

02:05

that it looks like he may have violated

02:08

tax laws to the tune of about $100

02:11

million plus penalties plus fees plus

02:15

interest and I am no tax expert but in

02:19

the New York Times article they said

02:21

they consulted with six tax experts um

02:24

one is on record in the article a

02:26

gentleman named Walter swety apologies

02:30

of if I'm mispronouncing the good

02:32

professor's last name and this this law

02:36

professor is an expert on the law of

02:38

Partnerships and Taxation and here is

02:41

his assessment this is a quote he said

02:43

of Donald Trump quote I think he ripped

02:47

off the tax system close quote and I I

02:51

will leave it with Professor s dy's

02:54

estimation of what Donald Trump appears

02:57

to have done here yeah it seems like a

02:58

safe bet even if you even if you don't

03:00

dig into the details of Donald Trump

03:01

it's a safe bet to just say that Donald

03:03

Trump has probably ripped off the tax

03:05

system Glenn can the government still go

03:07

after any of these funds is there a

03:08

statute of limitations issue here what

03:10

what what could happen next yeah that's

03:12

a great question and I don't want to

03:14

pretend to know more than I do about the

03:15

tax laws and the tax regulations but

03:18

what I will say is even if there are

03:20

statute of limitations issues those

03:23

generally apply to criminal prosecutions

03:26

not to the government collecting money

03:29

it is owed courtesy of tax fraud so uh

03:32

all of this and it also depends on

03:34

whether this was an ongoing course of

03:36

criminal conduct you know one of the

03:38

things that I I think we we don't always

03:41

recall when we're talking about a

03:43

statute of limitations which is just a

03:45

fancy term for how long after the

03:48

commission of the crime can somebody be

03:50

prosecuted in the federal law lots of

03:53

crimes have a fiveyear statute of

03:56

limitations I will say as a former

03:58

career prosecutor Brian I was never

04:00

fonded of statutes of limitations

04:02

because think about it somebody commits

04:04

an egregious crime and as long as they

04:07

can keep it hidden for five years and a

04:10

day they're home free that always felt a

04:12

little suspect to me but the thing is if

04:15

you're in an ongoing conspiracy

04:17

including potentially to cover up your

04:20

tax fraud and hide it from the IRS from

04:22

the federal government that can often

04:24

extend the statute of limitations

04:27

because the statute doesn't begin to run

04:29

until until the very last Act of the

04:31

crime has been completed so it's an open

04:35

question we don't know enough to say

04:37

whether there will or will not be

04:39

statute of limitations problems

04:41

attendant to this possible tax fraud and

04:44

is this a a federal or a state crime and

04:47

and who would bring him to court based

04:49

on that question so here's the thing

04:52

anytime somebody commits tax fraud you

04:55

are committing crimes in violation of

04:58

the federal law and in violation of the

05:00

state law unless of course you defraud

05:03

the federal government out of your taxes

05:05

but for the same transaction or for the

05:07

same calendar year you correctly report

05:10

and pay all your state court your your

05:12

your state taxes doesn't make any sense

05:14

which is why you know I've had a beef

05:16

with the federal government for a very

05:17

long time over you know what seems to be

05:20

its neglect of holding Donald Trump

05:23

accountable for financial crimes and

05:26

most most directly the tax implications

05:30

of those financial crimes because I am

05:32

quite sure all of the evidence that came

05:34

out during Donald Trump's New York fraud

05:36

trial that implicated New York state tax

05:39

violations also violated federal tax

05:42

laws now why the federal government has

05:45

never decided to really go after Donald

05:48

Trump for alleged violations of federal

05:51

tax laws now that's a stone cold mystery

05:53

to me and to that point then you know

05:56

obviously Donald Trump is a con man and

05:58

a criminal and a fraud fraud we know

06:00

that but double dipping on $100 million

06:03

worth of tax breaks strikes me as a

06:06

pretty big red flag for the government

06:09

like how how does the IRS miss this and

06:11

is this not also deserving of major

06:14

condemnation on the government's side

06:17

yeah I I don't I I have a hard time

06:19

believing Brian that the IRS missed this

06:23

here we are some 15 years down the road

06:26

from these potential you know tax viol

06:29

ations and Donald Trump has not been

06:31

held accountable now there is some

06:33

indication in the reporting that the IRS

06:36

has been looking into this for years but

06:38

that sort of begs the question why

06:41

haven't they taken action um what I will

06:44

say is that our federal government does

06:47

not do a very good job going after what

06:50

I call the ruling class criminals you

06:53

know the millionaires the billionaires

06:55

the American oligarchs whether in big

06:58

oil or big Tech or the

07:00

military-industrial complex big Pharma

07:02

big entertainment big internet you know

07:05

any of it we don't do a particularly

07:08

good job and when I say we I was a

07:10

federal prosecutor for decades now I

07:12

focused more on violent crime and Rico

07:15

organizations than I did on White Collar

07:17

fraud cases but you know we seem to

07:20

forever be willing to deal with these

07:24

legal transgressions when we find them

07:27

by having these you know well moneyed

07:30

potential defendants pay fines pay back

07:33

taxes pay penalties and pay interest but

07:37

never seeing one minute of criminal

07:40

accountability for what they did and you

07:42

know what that encourages Brian it

07:44

encourages these people to do it all

07:47

over again and simply work into their

07:49

operating budgets the fines and

07:52

penalties back taxes and interest they

07:54

know they're going to have to pay so for

07:57

them it feels like it is forever a

07:59

business decision because they seem to

08:01

be very rarely held accountable as sort

08:05

of a criminal law matter right at this

08:07

point they basically say like let's just

08:09

go for it worst case scenario we get a

08:10

slap on the wrist that is just paying

08:12

what we would have had to pay anyway but

08:14

more likely we won't have to pay

08:16

anything I mean Donald Trump got away

08:17

with a hundred million and double

08:19

dipping on taxes and waited the

08:22

government waited what 15 years for the

08:24

for the New York Times and prua to do a

08:26

story on it before we even see any

08:28

action

08:30

you know if I had my way um and you put

08:33

me in charge I I never wanted to be a

08:35

dictator for a day like some others but

08:38

what I would do is turn the criminal

08:39

justice system on its head you know we

08:42

do a very good job at going after

08:44

somebody who snatches a purse or sells a

08:47

rock of crack particularly when they are

08:50

you know folks without any power or

08:52

influence or connections or wealth often

08:55

they are you know our minority brothers

08:56

and sisters boy we go at them like Gang

08:59

Busters but we lay off the ruling class

09:02

criminals I for one would turn the

09:04

criminal justice system on its head why

09:07

because if you sell a rocker crack or

09:09

you snatch a purse don't get me wrong

09:11

those are not victimless crimes and we

09:14

need to pay attention to the experience

09:16

of the victims in each and every crime

09:19

but when you talk about the ruling class

09:21

criminals the billionaires who are

09:23

committing crime they will do damage to

09:26

large swats of the American popul

09:30

as far as I'm concerned that's where we

09:32

should be focusing our law enforcement

09:35

efforts on the people doing the most

09:37

harm on the people creating the most

09:40

victims in our country I would turn our

09:43

priorities on their heads and I would

09:45

start to actually equally apply the law

09:48

to everybody then again I don't think

09:50

I'm ever going to be dictator for a day

09:52

uh Glenn let's finish off with this

09:54

practically speaking I think you know

09:56

based on what what you've said based on

09:57

what we can all see it's highly likely

09:59

that the federal government will decide

10:01

to go after Donald Trump for this $100

10:03

million in uh in double dipping on on

10:06

tax breaks but if the if the state of

10:09

New York went went after him where would

10:11

we most likely see a lawsuit emanating

10:14

from would that be Leticia James would

10:16

it be Alvin

10:17

Bragg you know I feel like Leticia James

10:20

has done her part she has stepped up she

10:23

brought a massive fraud lawsuit not a

10:26

prosecution but a lawsuit to try to

10:29

recover some of the money that you know

10:32

Trump and Company buil the New York

10:35

taxpayers out of and she won an enormous

10:38

judgment against Donald Trump about half

10:40

a billion dollars of course Donald Trump

10:42

is also laboring under an 83 million

10:46

judgment that was won against him by EEG

10:49

Carol so here he may end up what owing

10:51

another hundred million in back taxes to

10:54

the federal government maybe they can

10:56

take it out of his prison pay after he

10:58

gets convicted

10:59

after he gets convicted in one or more

11:02

at a rate of like at a rate of what like

11:04

$2 a day yeah they'll get about 10 cents

11:06

a day um but but to answer your question

11:09

you know I feel like enough with the

11:12

civil suits being brought against Donald

11:14

Trump not that I would sort of dismiss

11:16

anybody who has a winning cause of

11:18

action against Donald Trump but you know

11:20

at this point it's all about deterring

11:23

this kind of conduct and the the way to

11:26

most directly deter not only Donald

11:29

Trump but others who would choose to

11:31

follow in his footsteps is to prosecute

11:34

them for their crimes so you know if

11:36

there are cases to be brought based on

11:39

this latest Revelation I sure hope the

11:42

evidence supports bringing criminal

11:44

prosecutions against him not just trying

11:46

to claw back some of the money that he

11:49

never should have received in the first

11:51

place right the whole point should be

11:53

that there has to be some deterrent here

11:55

so that he and people like him don't

11:57

just keep thinking that this is okay

11:59

because that's the message that they're

12:00

getting right now not just on the tax

12:02

stuff but basically on everything I mean

12:04

there's a reason that Donald Trump is so

12:06

quick to try to engag in the same

12:07

activities um election un undermining

12:10

activities that he engaged in in 2020

12:12

that's because we have been so slow to

12:14

prosecute the guy the fact that we can't

12:17

deliver Swift accountability all it does

12:19

is serve to embolden the very criminals

12:21

who committed these crimes in the first

12:22

place um with that said we'll continue

12:24

to keep an eye on this it is you know a

12:27

pretty sad commentary on the state of

12:29

Criminal Justice in this country that it

12:31

takes the New York Times and propublica

12:33

to to um to unveil what's happening here

12:36

before the the federal or state

12:38

governments will actually do something

12:39

to to to make up for it but again we'll

12:42

keep an eye on it and hopefully we do

12:43

see some movement so that again to to

12:46

the exact point I was making uh we don't

12:48

continue to embolden these criminals uh

12:50

like Donald Trump with that said uh I'm

12:52

Brian teller Cohen and I'm Glennon

12:54

kersner you're watching the legal

12:55

breakdown

12:59

[Music]