Thread: Trump Foundation ordered to stop fundraising by N.Y. attorney general’s office

Trump Foundation ordered to stop fundraising by N.Y. attorney general’s office​

Republican presidential nominee Donald Trump takes the stage Aug. 20 for a campaign event at Fredericksburg Expo Center in Fredericksburg, Va. (Molly Riley/AFP/Getty Images)

By David A. Fahrenthold October 3 at 1:00 PM

The New York attorney general has notified Donald Trump that his charitable foundation is violating state law — by soliciting donations without proper certification — and ordered Trump’s charity to stop its fundraising immediately, the attorney general’s office said Monday.

James Sheehan, head of the attorney general’s charities bureau, sent the “notice of violation” to the Donald J. Trump Foundation on Friday, according to a copy of the notice provided by the press office of state Attorney General Eric Schneiderman (D).

The night before that, The Washington Post had reported that Trump’s charity had been soliciting donations from other people without being properly registered in New York state.

According to tax records, Trump’s foundation has subsisted entirely on donations from others since 2008, when Trump gave his last personal donation. This year, the Trump Foundation made its most wide-ranging request for donations yet: It set up a public website, donaldtrumpforvets.com, to gather donations that Trump said would be passed on to veterans’ groups.

But the Trump Foundation never registered under article 7A of New York’s Executive Law, as is required for any charity soliciting more than $25,000 a year from the public. One important consequence: Trump’s foundation avoided rigorous outside audits, which New York law requires of larger charities which ask the public for money.“The Trump Foundation must immediately cease soliciting contributions or engaging in any other fundraising activities in New York,” Sheehan wrote to the foundation, of which Trump himself is still president. The Trump Foundation has no paid employees, and its board consist of Trump, three of his children and one Trump Organization employee. They all work one half-hour per week, according to the charity’s most recent IRS filings.

Schneiderman ordered the Trump Foundation to supply the state, within 15 days, with all the legal paperwork required of charities that solicit money from the public.
In addition, Sheehan ordered that Trump’s foundation provide all the financial audit reports it should have provided in prior years, when it raised money without legal permission.

He said that if Trump’s foundation did not stop its fundraising and file the proper paperwork, that would be considered “a continuing fraud upon the people of New York.”

Trump’s campaign has not responded to The Post’s questions about the Trump Foundation’s registration in New York state.

The campaign did not immediately respond to a request for comment about Schneiderman’s order, sent early Monday afternoon.

https://www.washingtonpost.com/polit...76e_story.html

Trump Foundation lacks the certification required for charities that solicit money

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Trump Foundation ordered to stop fundraising by NY attorney general's office

Washington Post

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The New York attorney general has notified Donald Trump that his charitable foundation is violating state law — by soliciting donations without proper certification — and ordered Trump's charity to stop its fundraising immediately, the attorney ...

Well,that's no problem. I don't think they did any or much fund-raising in New York. But, if they want to, I guess they need to fill out the form to obtain the certificate first.

"Schneiderman ordered the Trump Foundation to supply the state, within 15 days, with all the legal paperwork required of charities that solicit money from the public."

"In addition, Sheehan ordered that Trump’s foundation provide all the financial audit reports it should have provided in prior years, when it raised money without legal permission. "

Trump's Personal Foundation - The Federalist

thefederalist.com/.../trumps-new-pro-veterans-website-directs-all-donations-to-trumps...

Jan 28, 2016 -“The Donald J Trump Foundation is a 501(c)(3) nonprofit ... how to set up a website for contributions to a veteran's charity; or to channel funds to a ...

I"m sure the Trump Foundation will cooperate fully with the AG's directive. The AG sounds long on accusations and demands but short on evidence that Trump Foundation ever conducted a fundraiser in New York state. The only one I'm aware of or know about is the one in Iowa. Maybe they're counting the website? Who knows. Whatever. They want to audit is what they want to do. So fine, audit.

Donald J. Trump Foundation

Legal and ethical controversies[edit]

Journalist Says Trump Foundation May Have Engaged In 'Self-Dealing', 37:18, September 28, 2016,Fresh Air with Terry Gross[14] Interview with David Fahrenthold

See also: Legal affairs of Donald Trump

During the 2016 U.S. presidential election, media began reporting in detail on how the foundation was funded and how Donald Trump directed its grants. The Washington Post in particular reported several cases of violations of rules governing charitable foundations. ^{[15][16][17][18]}

Soliciting donations without registration[edit]

In the early 2000s, the Trump Foundation started soliciting outside donations. However, it had never applied for or received licensing to solicit such donations in New York. Tax filings show that, in each of the last 10 years, the Trump Foundation raised more than $25,000 from outsiders without proper registration. Records show that at least some of these donations were actively solicited from New York-based donors or conducted from New York, two activities that require licensing. The lack of registration may have allowed the foundation to avoid New York State audit requirements.^[8] Trump may also be required by law to return all donations.^[8]

On October 3rd, 2016, the office of the New York Attorney General ordered the Foundation to immediately cease fundraising activities after failing to register as required by state law.

Using foundation money to settle a private legal dispute with Palm Beach, Florida[edit]

In 2007, Trump used Trump Foundation funds to settle a 2006 legal dispute between the Town of Palm Beach, Florida, and Trump's Mar-a-Lago country club. The town said that the club's flagpole violated town height limit rules and levied a daily accruing fine against the club. The club reached a legal settlement with Palm Beach, and settlement documents show that Trump, in return for discharging the club's obligations, agreed to personally donate $100,000 to a charity associated with veterans and military families. Trump then made the donation using foundation money, not his own.^[15]

Using foundation money to settle a private golf prize dispute[edit]

Trump's foundation paid $158,000 to the Martin B. Greenberg Foundation as a settlement of a lawsuit brought by Greenberg against the Trump National Golf Club Westchester in Briarcliff Manor, New York. Greenberg had alleged that he had rightfully won a $1 million prize for scoring a hole-in-one in a 2010 charity golf tournament at the club. But the club denied the award on technical grounds, arguing that the hole was shorter than the required 150 yards.^[10] Martin Greenberg sued and a settlement was reached at a significantly reduced amount.

The Washington Post reported that "on the day that Trump and the other parties told the court that they had settled the case, the Donald J. Trump Foundation made its first and only donation to the Martin B. Greenberg Foundation, for $158,000."^[10] In September 2016, the Post reported that the donation was directly linked to the legal settlement, likely violating IRS self-dealing rules by using charitable funds to pay Trump's personal or business obligations.^[15] To raise the money needed to make the settlement, the Trump Foundation auctioned a prize of lifetime golf membership at Trump-owned golf courses, with the winning bid bringing a $157,000 donation, likely above the value of the prize, to the foundation to offset the payment to the Greenberg Foundation.^[19]

Diverting Trump organization income to the foundation[edit]

Trump may have deliberately directed personal income owed to him toward his foundation in possible violation of tax rules.
The Washington Post reported in September 2016 that Donald Trump had previously directed others to divert $2.3 million owed to his organization as income to his foundation as donations, possibly evading personal income taxes.^[17] Of the total, $1.9 million came from a ticket broker, Richard Ebbers, and $400,000 from Comedy Central. Richard Ebers had bought goods and services — including tickets — from "Trump or his businesses" and was allegedly instructed to make payment for them to the Trump foundation in the form of charitable contributions instead of as income for the Trump organization.^[17]

IRS rules prohibit individuals from diverting taxable income owed to them toward charities if they benefit directly from those charities unless the individual declares the income on his personal tax forms.^[17]

Since Mr Trump had yet to release his personal income taxes at that time, the Post was unable to confirm if tax was paid.^[17]

Purchasing portraits of himself with foundation money[edit]

On two occasions, Trump used the Foundation's money to purchase artists' portraits of himself:

• In November 2007, Trump spent $20,000 in Trump Foundation funds to purchase a 6 feet (1.8 m)-tall portrait of himself at a benefit for a Florida charity held at his Mar-a-Lago country club in Florida after his wife Melania Trump made the highest bid.^[16][20] The painter's former production manager told the Washington Post that he had, at the request of Trump's wife Melania, shipped the painting to the Trump National Golf Club Westchester in Briarcliff Manor, New York, allegedly for display in the country club's boardroom or conference room.^[16]
• In 2014, at another charity auction, Trump purchased a 4 feet (1.2 m)-tall painting of a 1990s version of himself, paying for it with $10,000 in Trump Foundation funds.^[15] A photo of the portrait was found on a TripAdvisor review of Trump National Doral Miami and, later, a reporter for Univision went to the club, asked various staff about the painting, and eventually discovered it hanging on a wall at the golf resort's Champions Bar & Grill restaurant.^[21]

Referring to the 2007 purchase, tax experts told the Post that if it was displayed at the golf club, it could violate Internal Revenue Service rules prohibiting non-profits from self-dealing (i.e., using charitable funding for noncharitable purposes).^[16] In September 2016, President Barack Obama publicly criticized Trump's purchase of the painting.^[16][20]

Referring to the 2014 purchase, Trump presidential campaign spokesperson Boris Epshteyn explained to MSNBC that Trump's use of the painting at Trump's Champion Bar & Grill was actually beneficial to the foundation based on IRS rules that allow individuals to store items "on behalf of the foundation -- in order to help with storage costs" and that its use at the restaurant is "absolutely proper" in that Trump was "doing his foundation a favor" .^[22]

Purchase of Tim Tebow helmet and jersey with foundation money[edit]

Donald and Melania Trump at Cure Perfect Pink Party at Mar-a-Lago

In 2012, Trump bid $12,000 at a charity auction, hosted at his Mar-a-lago club, to purchase an NFL football helmet autographed by Tim Tebow and a Tim Tebow football jersey.

Trump was given credit for generosity in newspaper accounts.^[23] However, the purchase was made with $12,000 of foundation money, not his own. The current whereabouts of the helmet and jersey are unknown.

Tax law experts say if Trump kept them, the purchase might have violated the self-dealing rule, which bans private foundations from "the furnishing of goods" to their own officers.^[7] Trump was at the time listed as a director of the Donald J. Trump Foundation.

Donations to the Palm Beach Police Foundation[edit]

Trump took personal credit for, and possibly derived material benefit from, his work with the Palm Beach Police Foundation. In 2010, Trump was personally honored for his support by the police foundation after the Trump Foundation donated to the charity $150,000 during the period of 2009–2010.^[9]

• Trump took personal credit and was honored for a donation that was not his own. He had solicited the $150,000 in donations earmarked for the police foundation from an unrelated philanthropic organization, the Charles Evans Foundation, received the donation into the Trump Foundation and then directed his foundation to pay the money to the police foundation.^[9] The police then honored Trump with its annual Palm Tree Award at Trump's Mar-a-Lago hotel at its annual fundraiser.^[24]

• Trump had materially benefited from the donations to the Palm Beach Police Foundation, which had paid the Trump Organization for use of the facilities on at least one occasion, including the ball at which Trump was honored. According to the police foundation's public tax records, it paid the Trump Organization $276,463 in rent in 2014 for its "Police Ball and Auction"^[25] which was held at Trump's Mar-a-Lago hotel.^[9] The 2014 tax form also lists $44,332 in unattributed "direct expenses" paid by the police foundation for the same event as well as $36,608 in "direct expenses" for its annual "Golf Classic", which the police foundation holds annually at a Trump Organization-owned golf course.^[25][26]

For each of at least four years prior to 2014, the police foundation's public tax records show significant "direct expenses" incurred for both the Police Ball and Auction and the golf tournament, although expense categories are not cited in the filings.^[25]

Donation to the Bondi campaign at the time of a Trump University investigation[edit]

In 2013, the Trump Foundation donated $25,000 in support of Florida Attorney General Pam Bondi's election campaign.^[27] Bondi's office was at the time reviewing fraud allegations regarding Trump University but later dropped the investigation.^[28] Trump later claimed thought he had donated the money to a non-Florida charity with a similar name but personally reimbursed his foundation for the $25,000 when the error came to light. Charities are barred by law from making political donations.^[29]The foundation paid a $2,500 fine for violating IRS rules against political contributions by charitable organizations.^[27] However, in 2016 a complaint citing two possible cases of bribery was filed by Democratic members of the US House of Representatives with the US Attorney General's office.^[30]

Paying for a Trump Organization advertisement with Trump Foundation money[edit]

In 2013 the Trump Foundation made a $5,000 donation to the non-profit D.C. Preservation League. According to the Washington Post, the nonprofit's support "was helpful" to the Trump Organization in obtaining the rights to convert Washington, D.C.'s historic Old Post Office Pavilion into the Trump International Hotel. The Trump Foundation’s donation to that group bought a "sponsorship," which included advertising space in the programs for three big events that were attended by Washington's real estate elite. But the ads did not mention the foundation or anything related to charity, in violation of IRS self-dealing rules. Instead, the ads promoted Trump's hotels, "with glamorous photos and a phone number to call to make a reservation."^[15]

Donation to Citizens United Foundation[edit]

In 2015 the Trump Foundation gave a $100,000 gift to David Bossie's conservative group Citizens United Foundation at a time when it was engaged in a lawsuit against New York State Attorney General Eric Schneiderman, whose office was pursuing a civil lawsuit against Trump University. It was the largest single donation made by the Trump Foundation that year.^[31] Schneiderman's office called the donation part of a vendetta by Trump, while Citizens United rejected any connection between the donation and its own lawsuit against Schneiderman.^[32]

Taking personal credit for foundation gifts[edit]

The Washington Post and Fox News reported that Trump has repeatedly claimed in public, beginning in 2015, to have made over "$102 million" in charitable donations "in the past five years". The Trump Organization provided journalists with a 93 page list of the donations.^[10][33][34] However, journalists have not been able to confirm more than $10,000 of personal cash donations from Trump himself or the Trump Organization during that period. Many of the donations on the list were, according to tax records, from the Trump Foundation, which no longer contained any of Trump's own money.

Some documented examples include:

• The Palm Beach Police Foundation (above) awarding Trump its "Palm Tree" award after he directed the Trump Foundation to make sizable gifts (see above).

• Trump receiving praise at the opening of the National September 11 Memorial Museum for having directed $100,000 of Trump Foundation money to the museum.^{[10] [35]}

• The Dana-Farber Cancer Institute honoring Trump variously as "Grand Benefactor" and "Grand Honorary Chair" at its annual fundraisers held at Trump's Mar-a-Lago estate. Further, Trump may have earned more money on the event fees it received from the institute than the Trump Foundation paid to the institute in grants. Trump has directed at least $300,000 of grants of the Trump Foundation money to Dana-Farber since 2010, well after he had ceased making personal donations to the foundation.^[36]
• Receiving highly visible praise for his personal generosity on his prime-time television show The Apprentice on multiple occasions. Trump had frequently offered to make generous gifts to his contestants' charities, but records show that he ultimately either directed the Trump Foundation to make the grant, or instead had the show's network, NBC Universal, make the payment instead.^[10]

Delay in paying charity contributions raised for veterans organizations[edit]

In April 2016, Fox News reported that, more than two months after Donald Trump said he had raised $6 million for military veterans at a pre-Iowa caucus fundraiser, "most of the organizations targeted to receive the money have gotten less than half of that amount."^[37] Around that time, Trump also said he had contributed $1,000,000 of his personal funds.^[38]

In late May, Trump revised his figures, saying that $5.6 million had been raised at the event and that he had contributed his $1,000,000 share only the previous week. His donation followed public accusations that he had failed to make the donation.^[38]He also provided a list of the beneficiaries of the $5.6 million.^[39]

Directing foundation funds to charities in return for their renting of Trump Organization facilities[edit]

As in the case with the Palm Beach Police Foundation, Trump has been accused of directing foundation money toward several charities that in turn hosted charity events at Trump-owned hotels and golf clubs.^[19] Under IRS rules, a director of foundation cannot normally grant money when he/she benefits personally.

Legal actions and complaints[edit]

• On September 13, 2016, two months before the 2016 US Presidential election, New York State Attorney General Eric Schneiderman announced that his office was investigating the foundation "to make sure it's complying with the laws governing charities in New York."^[40][41] Jason Miller, a Trump campaign spokesman, responded to the announcement by accusing Schneiderman of conducting a "partisan hit job". Schneiderman was a delegate for Democratic Nominee Hillary Clinton's primary campaign.
• Also on September 13, 2016, all fifteen Democrats on the House Judiciary Committee sent a letter to Attorney General Loretta Lynch requesting that the Justice Department launch a criminal investigation of Trump in connection with his foundation’s $25,000 donation to Pam Bondi. The letter specifically cited possible violations of two anti-bribery laws.^[30]
• Also on September 13, 2016, Citizens for Responsibility and Ethics in Washington, a left-leaning watchdog group, filed a complaint with the Internal Revenue Service citing evidence that they argued would compel the agency to seek back taxes and penalties and revoke the foundation's tax-free status.^[30]
• Former head of the Internal Revenue Service's Office of Exempt Organizations Division Marc Owens told the Washington Post in September 2016 regarding the various allegations against the foundation: "This is so bizarre, this laundry list of issues.... It’s the first time I’ve ever seen this, and I’ve been doing this for 25 years in the IRS, and 40 years total.^[17] When interviewed for the Post's article, Trump spokesperson Boris Epshtein said that Trump did not knowingly violate any tax laws.^[15]

List of grants[edit]

The foundation's tax returns show that it has given to groups associated with conservative politics, as well as to healthcare and sports-related charities.^[2] In 2009, for example, the foundation gave $926,750 to about 40 groups including the Arnold Palmer Medical Center Foundation ($100,000), the New York Presbyterian Hospital ($125,000), the Police Athletic League ($156,000), and the Clinton Foundation ($100,000).^[42] The foundation has reported support for many other organizations, including Citizens United for Research in Epilepsy, and the New York Military Academy.^[10]
The foundation's annual IRS Form 990 filing would normally filings contain the full list of grants made by the foundation.
The following grants were reported to the Foundation Center during the year 2006:^[43]

• United Way of New York City — $250,000
• Operation Smile — $117,000
• Dana Farber Cancer Institute — $60,000
• Police Athletic League of New York — $60,000
• Intrepid Museum Foundation — $50,000
• Visiting Nurse and Hospice Care — $25,000
• Metropolitan Museum of Art — $15,000

The following grants were reported to the Foundation Center during the year 2007:^[44]

• Police Athletic League of New York — $110,000
• Fisher House Foundation of Maryland — $100,000
• New York-Presbyterian Hospital — $100,000
• Metropolitan Golf Association Foundation — $50,000
• Dana Farber Cancer Institute — $25,000
• Disabled Veterans LIFE Memorial Foundation of Florida — $25,000
• Joe Torre Safe at Home Foundation of New York — $25,000
• New York City Police Foundation — $25,000
• Palm Beach Police Department of Florida — $25,000

The Palm Beach Post has listed some additional recipients, as "a few of the larger donations made by the foundation through the years":^[45]

• Billy Graham Evangelistic Association and Samaritan’s Purse — $135,000
• Leukemia and Lymphoma Society — $50,000
• Drumthwacket Foundation — $40,000
• Citizens United Foundation — $100,000

According to a review by the International Business Times, the Trump Foundation did not give to right-wing causes until 2010, when donations to conservative organizations were first reported.^[46] Among these organizations, the Foundation gave:^[46]

• Liberty Central Inc. — $10,000 in 2010
• Citizens Against Government Waste — $10,000 in 2010
• Billy Graham Evangelistic Association — $50,000 in 2012
• American Conservative Union — $50,00 in 2013
• Family Leader Foundation — $20,000 in 2013 and 2014
• Citizens United Foundation — $100,000 in 2014

In 2010, the Trump Foundation made a $10,000 contribution to Jenny McCarthy's Generation Rescue, an organization that promotes anti-vaccine myths.^[46]

https://en.wikipedia.org/wiki/Donald...ump_Foundation

Trump has collected close to $4.4 million for his charity since 2009. The last time he donated to his own charity was in 2008...

http://www.cnn.com/2016/10/03/politi...ist/index.html

Donald Trump Forced to Spill Charity Secrets Weeks Before Election Day

The secretive foundation accused of being slush fund must now open its books by Oct. 15 on orders of the New York attorney general.

GIDEON RESNICK
TIM MAK
10.03.16 11:30 AM ET

Donald Trump may finally have to answer some questions about his foundation’s activities.

New York Attorney General Eric Schneiderman announced Monday that his office had sent a cease and desist letter to the Trump Foundation for operating without proper certification. The charity will no longer be allowed to raise money until it properly registers no later than October 15, the attorney general’s office told The Daily Beast.

New York law dictates that any charity that solicits more than $25,000 a year needs to have a special registration prior to doing so. The attorney general’s office also said that the Trump Foundation did not provide annual financial reports or audited financial statements.


Trump campaign spokesperson Hope Hicks said the investigation by Schneiderman, a Democrat, has "political motives," but that Trump would cooperate.

That means Trump, under penalty of perjury, will have to disclose more information about his charitable organization than he ever has before.

First, among other things, the foundation must show whether its officers, directors and personnel have ever been fined or penalized from soliciting contributions or have been found to have engaged in unlawful practices.

Second, it has to provide the names and addresses of professional fund raisers, fund raising counsels and commercial co-venturers who are acting on behalf of the organization.

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Finally, it has to hand over a copy of its annual report for the preceding fiscal year and the names and addresses of chapters, branches and other organizations that share in the contributions or revenue raises in the state.

The coming disclosure may help clear up whether the Trump Foundation skirted the law or entirely ignored it over ever since he began running for president.


The trouble began with an event in January during which Trump collected contributions intended for veterans, which were diverted into his foundation. Trump later presented checks to veterans charities at his political rallies, which is in violation of rules that prohibit charities from being used for political purposes.

A series of investigative reports that followed from The Washington Post revealed that Trump had used foundation money to settle personal legal disputes, buy portraits of himself and in one instance, funnel money to a political action committee supporting Florida’s Republican attorney general, Pam Bondi.

If misconduct in the operation of the Trump Foundation can be proven, the consequences would range from fines to jail time.

New York Attorney General Eric Schneiderman announced last month that his office was investigating Trump's charitable activities.

Schneiderman's investigation of the foundation began with questions about the $25,000 contribution from the foundation to the pro-Bondi PAC. After the contribution, Bondi opted not to join a lawsuit against Trump University.

For using his charity to send money to a political organization, Trump later paid a fine to the Internal Revenue Service.

The foundation was subsequently alleged to be engaging in what could be construed as self-dealing, in which Trump used charitable donations to pay settle lawsuits brought against him, not the foundation.

Scheiderman and Trump have a lengthy history dating back to the initiation of a years-long investigation into Trump University, a defunct institution alleged to have scammed students out of money.

Trump and his team have long been dismissive of Schneiderman, claiming that he was politically motivated as a Democrat to take actions against the real estate mogul in the state. Schneiderman did in fact endorse Hillary Clinton but Trump has also given Schneiderman a great deal of money in the past. In February, Trump referred to the cases against him as being led by a “sleazebag law firm,” and alleged he could have easily settled but didn’t want to.

Ironically, Trump has made the Clinton Foundation’s dealing a major point of his campaign, hoping to milk a pay-to-play narrative out of their work. In August, Trump called for shutdown of the Clinton Foundation.

His might end up going first.

Editor's note: The story has been updated throughout.

http://www.thedailybeast.com/article...ts-busted.html