Why The Trump Organization Now Risks Being Charged As A Criminal Enterprise
The guilty have a head start, and retribution is always slow of foot, but it catches up.
—Horace, Odes, Book III, Ode 2
I have already suggested “What The Mueller Report Will Say“ about the Russia investigation, including the possibility that President Trump will be found to have become involved, wittingly or unwittingly, in multiple criminal conspiracies. But President Trump’s legal troubles are far from over, even if, as some implausibly suggest, that the Mueller Report turns out to be a “dud.”
Beyond Russia, Michael Cohen’s testimony last week before the House Oversight Committee pointed to the possibility of wide-ranging criminality within the Trump Organization before, during and after the 2016 presidential campaign, including election finance violations, bank fraud, charity fraud, tax fraud, insurance fraud, obstruction of justice and suborning perjury.
Some of these possible crimes are already under investigation by relevant Federal prosecutors, such as the Southern District of New York, State and District authorities. Just yesterday, we learned that New York state regulators have subpoenaed documents from Trump Organization’s insurance broker. Investigations are also under way for financial irregularities in Trump’s inaugural committee, while Congress has called on the FBI to investigate the employment of undocumented workers at Trump’s properties.
The Trump Organization As A Possible RICO Enterprise
Even if only some of these multiple crimes were to be proven, then the Trump Organization would be at risk of being charged as a “RICO enterprise”, i.e. a racketeering enterprise within the meaning of the Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act. If that were to happen, then the Trump Organization, its leaders and its members could, as the New York Times suggests, be subject to draconian financial and other penalties, that could threaten the Trump Organization’s very existence. Read more