N.Y. State Trump Foundation Case

The case of People v. Donald Trump is the case where the New York Attorney General is seeking relief against Donald Trump, Donald Trump, Jr., Ivanka Trump, Eric Trump, and the Trump Foundation.  In its petition, the N.Y. AG:

[A]lleges that the Foundation and its board members have transacted business illegally and abusively over a number of years. The allegations focus on Respondents’ failure to operate and manage the Foundation in accordance with corporate and statutory rules and their fiduciary obligations, resulting in the misuse of charitable assets and self-dealing. Petitioner also alleges that charitable assets, primarily consisting of money donated by outside sources, were used to promote Mr. Trump’s properties, purchase personal items, advance Mr. Trump’s presidential election campaign, Donald J. Trump for President, Inc. (“Campaign”), and settle certain personal legal obligations.

Various causes of action are alleged:

(1) breach of fiduciary duty and waste under New York’s Not-For Profit Corporation Law (“N-PCL”) against the Individual Respondents; (2) failure properly to administer Foundation assets and waste under New York’s New York Estates, Powers and Trusts Law (“EPTL”) against the Individual Respondents; (3) wrongful related party transactions against Mr. Trump as defined in the N-PCL and EPTL; (4) dissolution of the Foundation under the N-PCL §§ 112 and 1101; (5) dissolution of the Foundation under the N-PCL §§ 112 and 1102; and (6) an injunction pending resolution of the proceeding.

In its opinion, the Court (per Scarpulla, J.) rejected all of the Trump group’s attacks except as to the injunction pending the outcome of the proceedings.  Thus, the case will proceed.

It is of some significance that the Court rejected the Trump group’s request to conduct discovery.  Slip. op. at 26-27, fn. 14.  In other words, this case is on a fast track.

 

One thought on “N.Y. State Trump Foundation Case”

Comments are closed.