Yet the financial disclosures that The Donald did make during election campaign 2016 indicate that there are more than 500 companies in over two dozen countries, mostly with few to no employees or real offices, that feature him as their "president." Let's face it, someone like Trump would only create a business universe of such Wall Street-esque complexity if he wanted to hide something. He was likely trying to evade taxes, shield himself and his family from financial accountability, or hide the dubious health of parts of his business empire. As a colleague of mine at Bear Stearns once put it, when tax-haven companies pile up like dirty laundry, there's a high likelihood that their uses aren't completely clean.
Now, let's consider what we know of Donald Trump's financial adventures, taxes and all. It's quite a story and, even though it already feels like forever, it's only beginning to be told.
The Trump Organization
Atop the non-White House branch of the Trump dynasty is the Trump Organization. To comply with federal conflict-of-interest requirements, The Donald officially turned over that company's reins to his sons, Eric and Donald Jr. For all the obvious reasons, he was supposed to distance himself from his global business while running the country.
Only that didn't happen and not just because every diplomat and lobbyist in town started to frequent his money-making new hotel on Pennsylvania Avenue. Now, according to the New York Times, the Manhattan district attorney's office is considering pressing criminal charges against the Trump Organization and two of its senior officials because the president's lawyer, Michael Cohen, paid off an adult film actress and a former Playboy model to keep their carnal knowledge to themselves before the election.
Though Cohen effectively gave Stormy Daniels $130,000 and Karen McDougal $150,000 to keep them quiet, the Trump Organization then paid Cohen even more, $420,000, funds it didn't categorize as a reimbursement for expenses, but as a "retainer." In its internal paperwork, it then termed that sum as "legal expenses."
The D.A.'s office is evidently focusing its investigation on how the Trump Organization classified that payment of $420,000, in part for the funds Cohen raised from the equity in his home to calm the Stormy (so to speak). Most people take out home equity loans to build a garage or pay down some debt. Not Cohen. It's a situation that could become far thornier for Trump. As Cohen already knew, Trump couldn't possibly wield his pardon power to absolve his former lawyer, since it only applies to those convicted of federal charges, not state ones.
And that's bad news for the president. As Lanny Davis, Cohen's lawyer, put it, "If those payments were a crime for Michael Cohen, then why wouldn't they be a crime for Donald Trump?"
The bigger question is: What else is there? Those two payoffs may, after all, just represent the beginning of the woes facing both the Trump Organization and the Trump Foundation, which has been the umbrella outfit for businesses that have incurred charges of lobbying violations (not disclosing payment to a local newspaper to promote favorable casino legislation) and gaming law violations. His organization has also been accused of misleading investors, engaging in currency-transaction-reporting crimes, and improperly accounting for money used to buy betting chips, among a myriad of other transgressions. To speculate on overarching corporate fraud would not exactly be a stretch.
Unlike his casinos, the Trump Organization has not (yet) gone bankrupt, nor -- were it to do so -- is it in a class with Enron or Lehman Brothers. Yet it does have something in common with both of them: piles of money secreted in places designed to hide its origins, uses, and possibly end-users. The question some authority may pursue someday is: If Donald Trump was willing to be a part of a scheme to hide money paid to former lovers, wouldn't he do the same for his businesses?
The Trump Foundation
Questions about Trump's charity, the Donald J. Trump Foundation, have abounded since campaign 2016. They prompted New York Attorney General Barbara Underwood to file a lawsuit on June 14th against the foundation, also naming its board of directors, including his sons and his daughter Ivanka. It cites "a pattern of persistent illegal conduct... occurring over more than a decade, that includes extensive unlawful political coordination with the Trump presidential campaign, repeated and willful self-dealing transactions to benefit Mr. Trump's personal and business interests, and violations of basic legal obligations for non-profit foundations."
As the New York Times reported, "The lawsuit accused the charity and members of Mr. Trump's family of sweeping violations of campaign finance laws, self-dealing, and illegal coordination with Mr. Trump's presidential campaign." It also alleged that for four years -- 2007, 2012, 2013, and 2014 -- Trump himself placed his John Hancock below incorrect statements on the foundation's tax returns.
The main issue in question: Did the Trump Foundation use any of its funds to benefit The Donald or any of his businesses directly? Underwood thinks so. As she pointed out, it "was little more than a checkbook for payments from Mr. Trump or his businesses to nonprofits, regardless of their purpose or legality." Otherwise it seems to have employed no one and, according to the lawsuit, its board of directors has not met since 1999.
Because Trump ran all of his enterprises, he was also personally responsible for signing their tax returns. His charitable foundation was no exception. Were he found to have knowingly provided false information on its tax returns, he could someday face perjury charges.
On August 31st, the foundation's lawyers fought back, filing papers of their own, calling the lawsuit, as the New York Times put it, "a political attack motivated by the former attorney general's 'record of antipathy' against Mr. Trump." They were referring to Eric Schneiderman, who had actually resigned the previous May -- consider this an irony under the circumstances -- after being accused of sexual assault by former girlfriends.
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