\n<\/p>\n
Introduction – the New York Times Notes Trump’s History of Impunity <\/b><\/p>\n
In today’s New York Times, and article entitled “New Trump Charges Highlight Long-Running Questions About Obstruction<\/a>” touched on former President Donald Trump’s long history <\/p>\n of gamesmanship on his part with prosecutors, regulators in the context of the recent charges of obstruction of justice after the Department of Justice found he had absconded to Mar-a-Lago with multiple confidential government documents, then tried to cover this up. \u00a0<\/p>\n The article further stated that “over many decades” Trump<\/p>\n \u00a0engaged in gamesmanship with prosecutors, regulators and officials who However, it provided no detail about how he had maintained his impunity over his long career prior to winning the presidency in 2016.<\/p>\n Yet, by early in that presidency, there was substantial documentation of this impunity.\u00a0 In fact, in 2018, our post “A Higher Impunity – How Can we Reduce Health Care Leadership’s Impunity When the President Claims His Own Impunity?<\/a> summarized the best documented cases.\u00a0 So to supplement the NYT article, I have re-upped the relevant content of that post below.<\/p>\n Examples of Donald Trump and Family’s Apparent Impunity Before He Became President<\/b><\/p>\n As a wealthy businessman, Donald Trump and his family were often linked to apparently A 2016 Politico article<\/a> \nTrump\u2019s career has benefited from a decades-long and largely We have found numerous examples, which are below listed chronologically according to the time of occurrence of relevant events.<\/p>\n Trump Accused of Lying to Federal Investigators about his Mafia Connections in the 1980s<\/u><\/p>\n A WNYC piece from October, 2016<\/a>, was based on an interview with a federal prosecutor who had investigated organized crime in the 1980s,<\/p>\n \nAttorney Kenneth McCallion was one of the federal prosecutors involved in that investigation. He says there appeared ‘After we indicted them, the Teamster leaders called a citywide strike, Yet despite this, Trump was never prosecuted.<\/p>\n ‘Even though Donald Trump lied to law enforcement about his relationship Trump Accused in Legal Papers of Accepting Kickbacks, but the Charges were not Investigated <\/u><\/p>\n The 2016 Politico article also noted:<\/p>\n \n[An associate of a convicted racketeer] in court papers accused Trump of taking kickbacks from contractors<\/i>, No further investigation ensued.<\/p>\n After a Judge Found that he Conspired to Violate Fiduciary Duty and Again in Politico, <\/p>\n \nIn 1991, a federal judge, Charles E. Stewart Jr., ruled that Trump had engaged in a conspiracy to violate a fiduciary duty<\/i>, or duty of loyalty, to the workers and their union and that the ‘breach involved fraud and the Trump defendants knowingly participated in his breach.’ <\/i>The judge did not find Trump\u2019s testimony to be sufficiently credible and set damages at $325,000<\/i>. The case was later settled by negotiation, and the agreement was sealed.<\/i><\/p><\/blockquote>\n It is not clear that Trump was personally responsible for paying Applying for a Casino License, Trump Failed to Disclose he was Under Grand Jury Investigation, but Later Kept his License <\/u><\/p>\n As also reported by Politico, when Trump was trying to obtain a license for a New Jersey gambling casino,<\/p>\n \nTrump was required to disclose any investigations<\/i> in which he might have been involved in the past, even if they never resulted in charges. Trump didn\u2019t disclose a federal grand jury inquiry<\/i> But it didn’t. And despite the fact that<\/p>\n \nOnce Trump was licensed in 1982, critical facts that should have resulted in license denial began emerging<\/i> Trump’s Casino Company Paid Multiple Fines for Violating Regulations, but Trump was not Personally Sanctioned\u00a0 <\/u><\/p>\n An Atlantic article from January, 2017<\/a>, stated,<\/p>\n \nTrump has been repeatedly fined for breaking rules related to his operation of casinos<\/i>. Also, while Trump was attempting a hostile take-over of a rival casino,<\/p>\n \nthe Federal Trade Commission fined him $750,000 for failing to disclose his purchases of stock in the two companies,<\/i> which exceeded minimum disclosure levels.<\/p><\/blockquote>\n Trump and Family were Accused of Self-Dealing and Accepting Illegal Also reported by the Atlantic,<\/p>\n \nThe [Trump] foundation appears to have broken IRS rules on Yet so far no person has been charged with any related violations. Note Trump’s Taj Mahal Casino Was Fined for Breaking Rules about Money Laundering, but Trump Paid no Penalties<\/u><\/p>\n A May, 2017, CNN story<\/a> stated,<\/p>\n \nThe Trump Taj Mahal casino broke anti-money laundering rules 106 times in its first year and a half of operation in the early 1990s<\/i>, according to the IRS in a 1998 settlement agreement.<\/p>\n It’s a bit of forgotten history that’s buried in federal records held by The casino repeatedly failed to properly report gamblers who cashed out $10,000 or more in a single day, the government said.<\/p>\n Trump’s casino ended up paying the Treasury Department a $477,000 There is no record suggesting anyone looked into Trump’s involvement with these violations. Note that<\/p>\n \nThe 1998 settlement was publicly reported at the time, and the However,<\/p>\n \nBut key details of the casino’s cash reporting violations are missing<\/i> Then, in 2015, FINCEN publicly announced<\/a>:<\/p>\n \nThe Financial Crimes Enforcement Network (FinCEN) today imposed a $10 Trump Taj Mahal, a casino in Atlantic City, New Jersey, admitted to ‘Trump Taj Mahal received many warnings about its deficiencies,’ said Trump Taj Mahal admitted that it failed to implement and maintain an Again, there is no record of any negative consequences for Mr Trump<\/p>\n Trump Made False Statements Under Oath, but was not Charged with Perjury<\/u><\/p>\n A Mother Jones article published February, 2016<\/a>, \nIn 2007\u2014two years before a New Jersey judge tossed out the case\u2014Trump Trump, who was testifying under oath<\/i>, answered, ‘Not that I know of.’<\/p>\n That was a clear and unequivocal response. But it was not true<\/i>. Trump: They were tough guys. In fact, they say that Dan Sullivan was the O\u2019Brien: I have heard that. And that he was, you know\u2026<\/p>\n<\/blockquote>\n Also,<\/p>\n \nTrump: I just was able to handle them. And I, really, I was able to Also,<\/p>\n \nO\u2019Brien: What was Shapiro like?<\/p>\n Trump: He was like a third-rate, local, real estate mob gu<\/i>y. So here was Trump connecting Sullivan to the Hoffa murder and calling Shapiro a ‘mob guy.’<\/p>\n<\/blockquote>\n The same article also asserted that Trump lied in a deposition about Ivanka Trump and Donald Trump Jr Escaped Indictment for Fraud<\/u><\/p>\n As reported by the New Yorker in October, 2017<\/a>, Trump University Settled Fraud Allegations, Trump Not Charged<\/u><\/p>\n As reported by the New York Times in 2017<\/a>, his election in November, Mr. Trump reversed course and agreed to pay The settlement resolved lawsuits brought by the Attorney General of New
\nand others who have the ability to impose penalties on his conduct.<\/p><\/blockquote>\n
\nhad authority in aspects of the industries in which he operated. He
\nlived in a New York City where corruption touched aspects of the
\npolitical and government establishments and the real-estate construction
\n businesses, and he came to believe that everything could be worked out
\nthrough some kind of deal<\/p><\/blockquote>\n
\nillegal activities, but seemed to avoid any intensive investigation,
\nmuch less negative consequences.<\/p>\n
\n cataloged Trump’s ties to organized crime, and found “Some of Trump\u2019s
\nunsavory connections have been followed by investigators and
\nsubstantiated in court; some haven\u2019t.” Also,<\/p>\n
\nsuccessful effort to limit and deflect law enforcement investigations
\ninto his dealings with top mobsters, organized crime associates, labor
\nfixers, corrupt union leaders, con artists and even a one-time drug
\ntrafficker<\/i> whom Trump retained as the head of his personal helicopter service.<\/p><\/blockquote>\n
\n to be a sweetheart deal between the Teamsters Local 282 and Trump,
\nwhere Trump would get a promise of cooperation from organized
\nlabor\u2014including breaking up any strikes by minority workers\u2014in exchange
\nfor no-show jobs, a lucrative concrete contract and a luxury apartment
\nfor the union president’s girlfriend.<\/i><\/p>\n
\nbut there were two job sites they exempted from that. One was Trump
\nTower and the other was Trump Plaza,’ McCallion said.<\/p>\n
\n and lying to federal agents is a federal crime, he basically got a pass
\n at that point,’ he said.<\/p>\n<\/blockquote>\n
\n asserting this could ‘be the basis of a criminal proceeding requiring
\nan attorney general\u2019s investigation’ into Trump. Trump then quickly
\nsettled, paying the woman a half-million dollars. <\/p><\/blockquote>\n
\nCommitted Fraud, Trump was able to Settle with Details Sealed<\/u><\/p>\n
\nwhatever the settlement entailed.\u00a0 No criminal charges apparently
\nfollowed. \u00a0 <\/p>\n
\n into how he obtained an option to buy the Penn Central railroad yards
\non the West Side of Manhattan. The failure to disclose either that
\ninquiry or the Cody inquiry probably should have disqualified<\/i> Trump from receiving a license under the standards set by the gaming authorities.<\/p><\/blockquote>\n
\n in Trump\u2019s own books and in reports by Barrett\u2014an embarrassment for the
\n licensing commission and state investigators, who were supposed to have
\n turned these stones over. Forced after the fact to look into Trump\u2019s
\nconnections, the two federal investigations he failed to reveal and
\nother matters, the New Jersey Division of Gaming Enforcement investigators circled the wagons to defend their work.<\/i>
\n First they dismissed as unreliable what mobsters, corrupt union bosses
\n and Trump\u2019s biggest customer, among others, had said to Barrett, to me
\nand other journalists and filmmakers about their dealings with Trump.
\nThe investigators\u2019 reports showed that they then put Trump under oath.
\nTrump denied any misconduct or testified that he could not remember. They took him at his word<\/i>. That meant his
\n casino license was secure even though others in the gambling industry,
\nincluding low-level licensees like card dealers, had been thrown out for
\n far less<\/i>.<\/p><\/blockquote>\n
\n In 1990, with Trump Taj Mahal in trouble, Trump\u2019s father Fred strolled
\nin and bought 700 chips worth a total of $3.5 million. The purchase
\nhelped the casino pay debt that was due, but because Fred Trump had no
\nplans to gamble, the New Jersey gaming commission ruled that it was a loan that violated operating rules<\/i>.
\n Trump paid a $30,000 fine; in the end, the loan didn\u2019t prevent a
\nbankruptcy the following year. As noted above, New Jersey also fined Trump $200,000 for arranging to keep black employees away from mafioso Robert LiButti\u2019s gambling table<\/i>. In 1991, the Casino Control Commission fined Trump\u2019s company another $450,000 for buying LiButti nine luxury cars<\/i>. And in 2000, Trump was fined
\n $250,000 for breaking New York state law in lobbying to prevent an
\nIndian casino from opening in the Catskills, for fear it would compete
\nagainst his Atlantic City casinos.<\/i><\/p><\/blockquote>\n
\nDonations while Operating the Trump Foundation, but were not
\nIndividually Penalized<\/u><\/p>\n
\n‘self-dealing\u201d by paying to resolve the legal disputes as well as buying
\n a portrait of Trump and a Tim Tebow helmet that went back to the Trump
\nfamily<\/i>. In November, in tax filings posted online, the Trump
\nFoundation said it had violated self-dealing rules in 2015 and in
\nprevious, indeterminate, years. On the donation, Trump and Bondi both
\nsay there was no quid-pro-quo, but the donation was an illegal one for a charitable nonprofit, and the foundation had to pay a $2,500 fine.<\/i> Liberal watchdog group Citizens for Responsibility and Ethics in Washington charges other laws may have been broken as well<\/i>.
\n New York Attorney General Eric Schneiderman has reportedly launched an
\ninvestigation into the foundation. Schneiderman has also informed the
\nfoundation that it is in violation of rules on fundraising and ordered it to quit<\/i>. Trump has announced plans to shutter his foundation, but reportedly cannot do so while it is under investigation.<\/p><\/blockquote>\n
\n that it appears that Trump may have had leverage on Mr Schneiderman,
\nwho has now resigned (see below).\u00a0 Although there were reports in 2017
\nthat the Foundation was going to shut down, as of March, 2018, according
\n to an article in The Hill, the ranking Democratic member of the House
\nOversight and Government Reform Committee was still trying to get
\nrecords related to the self-dealing described above from the leadership
\nof the apparently still existing foundation (look here<\/a>).\u00a0 <\/p>\n
\n an investigative unit of the Treasury Department, records that
\ncongressional committees investigating Trump’s ties to Russia have
\nobtained access to, CNN has learned.<\/p>\n
\nfine in 1998 without admitting any liability under the Bank Secrecy Act.
\n <\/i><\/p>\n<\/blockquote>\n
\nAssociated Press noted it was the largest fine the federal government
\never slapped on a casino for violating the Bank Secrecy Act.<\/p><\/blockquote>\n
\n from the publicly released documents, including the identities of the
\ngamblers and casino employees involved in the transactions.<\/p><\/blockquote>\n
\n million civil money penalty against Trump Taj Mahal Casino Resort
\n(Trump Taj Mahal), for willful and repeated violations of the Bank
\nSecrecy Act (BSA).<\/i> In addition to the civil money penalty, the
\ncasino is required to conduct periodic external audits to examine its
\nanti-money laundering (AML) BSA compliance program and provide those
\naudit reports to FinCEN and the casino\u2019s Board of Directors.<\/p>\n
\nseveral willful BSA violations, including violations of AML program
\nrequirements, reporting obligations, and recordkeeping requirements.
\nTrump Taj Mahal has a long history of prior, repeated BSA violations
\ncited by examiners dating back to 2003<\/i>. Additionally, in 1998,
\nFinCEN assessed a $477,700 civil money penalty against Trump Taj Mahal
\nfor currency transaction reporting violations.<\/p>\n
\nFinCEN Director Jennifer Shasky Calvery. ‘Like all casinos in this
\ncountry, Trump Taj Mahal has a duty to help protect our financial system
\n from being exploited by criminals, terrorists, and other bad actors.
\nFar from meeting these expectations, poor compliance practices, over
\nmany years, left the casino and our financial system unacceptably
\nexposed.’<\/p>\n
\neffective AML program; failed to report suspicious transactions; failed
\nto properly file required currency transaction reports; and failed to
\nkeep appropriate records as required by the BSA. Notably, Trump Taj
\nMahal had ample notice of these deficiencies as many of the violations
\nfrom 2012 and 2010 were discovered in previous examinations.<\/i><\/p>\n<\/blockquote>\n
\n recounted that in connection with a libel suit Mr Trump filed against
\njournalist Timothy O’Brien alleging O’Brien under-reported Mr Trump’s
\nwealth,<\/p>\n
\nwas questioned during a deposition. Over the course of the two-day-long
\ninterrogation, Trump was forced repeatedly to acknowledge having made false statements<\/i>.
\n And at one point, a lawyer for O\u2019Brien and his publisher asked Trump a
\nstraightforward question: Have you ever before associated with
\nindividuals you knew were associated with organized crime?’<\/p>\n
\nTwo years earlier, O\u2019Brien had interviewed Trump and specifically asked
\nhim about Sullivan and Shapiro. O\u2019Brien, now an editor and writer at
\nBloomberg, has provided Mother Jones with a transcript of the interview,
\n and it conclusively shows that Trump believed that these two men were
\nassociated with organized crime….<\/p>\n
\n guy that killed Jimmy Hoffa. I don\u2019t know if you ever heard that.<\/p>\n
\nhandle them. I found Sullivan to be the tougher of the two. I started
\nhearing reports about Sullivan, that he killed Jimmy Hoffa<\/i>\u2026.<\/p><\/blockquote>\n
\nNothing spectacular. And I, you know, I got lucky. I heard a rumor that
\nSullivan, because Sullivan was a great con man, I heard a rumor that
\nSullivan killed Jimmy Hoffa. And because I heard that rumor I kept my
\nguard up. You know, I said, ‘Hey, I don\u2019t want to be friends with this
\nguy.’<\/p>\n
\nknowing and working with Felix Sater, who who “had once been involved in
\n a Mafia-linked stock swindle,” and who “had worked with the Trump
\nOrganization.” <\/p>\n
\n despite considerable evidence that the two children of Donald Trump had
\n misled potential buyers of Trump SoHo condominiums, Cyrus Vance, the
\nManhattan District Attorney overruled his staff by halting an
\ninvestigation of them in 2010.\u00a0 Later, the Trumps’ attorney, Marc
\nKasowitz, made a large donation to Mr Vance’s campaign. \u00a0\u00a0 <\/p>\n
\n “the final settlement of allegations that ‘Trump University students
\nhad been cheated out of thousands of dollars in tuition through
\nhigh-pressure sales techniques and false claims about what they would
\nlearn” was approved by a judge. Litigation about these allegations had
\ngone on for years, but after<\/p>\n
\n$25 million to resolve the litigation. He did not admit fault, and he
\nmaintained in posts on Twitter after the settlement announcement that he
\n “did not have the time to go through a long but winning trial on Trump
\nU.”<\/p>\n
\nYork, Eric Schneiderman, among others.\u00a0 However, Mr Trump was never
\ncharged with a crime by Mr Schneiderman among others.\u00a0 There is some
\nreason to think Mr Trump took actions to ensure his impunity.<\/p>\n