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re: NyAG brings civil suit against the Trump Foundation and its Board of Directors

Posted on 6/14/18 at 12:31 pm to
Posted by TBoy
Kalamazoo
Member since Dec 2007
23698 posts
Posted on 6/14/18 at 12:31 pm to
quote:

as someone who has litigated Several cases regarding self dealing within a private foundation.


How much of this kind of litigation is out there? Seems a rare sort of thing except by regulators or among competing interest in private trusts, but that would be different entirely.
Posted by BBONDS25
Member since Mar 2008
48285 posts
Posted on 6/14/18 at 12:31 pm to
Do you take the allegations in the petition as fact? Can we apply this standard across the board? Do you care that you are so disingenuous? Do you care you don't even have an elementary understanding of the New York trust code and the tax code?
Posted by Yak
DuPage County
Member since May 2014
4672 posts
Posted on 6/14/18 at 12:35 pm to
quote:

What actions, specifically, are you referring to? Let's pick this apart.


You're the lawyer here (I assume?)

Can you explain if this is a bad thing below? I honestly have no clue:

Posted by BBONDS25
Member since Mar 2008
48285 posts
Posted on 6/14/18 at 12:35 pm to
quote:

How much of this kind of litigation is out there? Seems a rare sort of thing except by regulators or among competing interest in private trusts, but that would be different entirely.


A private foundation is often times formed as a trust. I'm not sure what you mean when you say "private trust". That isn't a term used in the tax and trust world.

I have no idea how common litigation regarding self-dealing in private foundations occur. Maybe I just got a rep as the guy who does that. I've tried 3 different cases. All 3 times it wasn't self dealing or it fell under one of the exceptions.

Like I said...being on a board of a non-profit gives you zero insight as to the merits or lack thereof in this case. You used the fallacy of appealing to authority...yet your authority offers you no insight.
This post was edited on 6/14/18 at 12:39 pm
Posted by BBONDS25
Member since Mar 2008
48285 posts
Posted on 6/14/18 at 12:37 pm to
That email means nothing on its face. What were the distributions?
Posted by Cruiserhog
Little Rock
Member since Apr 2008
10460 posts
Posted on 6/14/18 at 12:39 pm to
quote:

Do you take the allegations in the petition as fact? Can we apply this standard across the board? Do you care that you are so disingenuous? Do you care you don't even have an elementary understanding of the New York trust code and the tax code?


dont care

Trump's a lying piece of shite with supporters like you. The more I can get that out there the better.

and his dumbass grifter family provides ample source material.

I would wager you probably think Michael Cohen is a stand up guy.

Posted by Yak
DuPage County
Member since May 2014
4672 posts
Posted on 6/14/18 at 12:39 pm to
quote:

That email means nothing on its face. What were the distributions?
Yeah that's what I thought too. I can only assume that the direction some are trying to go is that this was being used for the Iowa Caucus maybe?

Thanks for the confirmation though, I thought the same thing
Posted by SDVTiger
Cabo San Lucas
Member since Nov 2011
73566 posts
Posted on 6/14/18 at 12:40 pm to
quote:

The more I can get that out there the better.



No one is listening to you loons bro

Posted by TBoy
Kalamazoo
Member since Dec 2007
23698 posts
Posted on 6/14/18 at 12:41 pm to
quote:

A private foundation is often times formed as a trust. I'm not sure what you mean when you say "private trust". That isn't a term used in the tax and trust world.


I used "private" inartfully. What I intended to differentiate is between 501(c) organizations and trusts. I can set up a trust for my heirs or family but it is not a non-profit. I consider the 501(c) organizations as "public" because they have to have a board, publicly accessible documents, etc. None of those requirements exist for a trust, which is also not exempted from the payment of taxes. And I don't mean to suggest that trusts cannot be 501(c) entities. The distinction is the tax exempt charitable organization classification.
This post was edited on 6/14/18 at 12:42 pm
Posted by BBONDS25
Member since Mar 2008
48285 posts
Posted on 6/14/18 at 12:41 pm to
quote:

Trump's a lying piece of shite with supporters like you.


You mean educated on tax and trust law who understands the Code and doesn't sputter sentence fragments like "files charges"?


Posted by Cruiserhog
Little Rock
Member since Apr 2008
10460 posts
Posted on 6/14/18 at 12:43 pm to
quote:

You mean educated on tax and trust law who understands the Code and doesn't sputter sentence fragments like "files charges"?





grammar nazi on tigerdroppings....really?
Posted by AuburnTigers
Member since Aug 2013
6946 posts
Posted on 6/14/18 at 12:44 pm to
quote:

Trump's a lying piece of shite with supporters like you
which lies bother you the most young man?
Posted by BBONDS25
Member since Mar 2008
48285 posts
Posted on 6/14/18 at 12:44 pm to
quote:

used "private" inartfully. What I intended to differentiate is between 501(c) organizations and trusts.


Huh. Private foundations are often trusts. Public charity and private foundations are both legal terms. A private foundations can be and often are trusts.

You see. This is the problem. You have no clue how it all works. Yet your time on the board of a charity makes you a qualified arbiter of the cases merits?

If anything, it just shows board members of non-profits can be completely ignorant to the rules...like you....and aren't necessarily shady because of it. Unless you are shady.
This post was edited on 6/14/18 at 12:47 pm
Posted by BBONDS25
Member since Mar 2008
48285 posts
Posted on 6/14/18 at 12:46 pm to
quote:

grammar nazi on tigerdroppings....really?


No dummy. You are too dim to even realize that no "charges" were filed. You are low education and low information. You have already admitted you don't care. But trump and his supporters are meanies.

You are a caricature of what conservatives think idiotic liberals are.
Posted by TBoy
Kalamazoo
Member since Dec 2007
23698 posts
Posted on 6/14/18 at 12:47 pm to
Mr. Bonds, we all have fake names here. I don't assume to know who you are and won't challenge your actual knowledge. But also, you won't get anywhere claiming to be the only one with legal education and extensive practice experience. I don't answer questions about what I do but I also don't try to "pull rank." For all we know you may be an unemployed former barista. That could be me also. Let's leave it at that.
Posted by Jones
Member since Oct 2005
90491 posts
Posted on 6/14/18 at 12:49 pm to
You two are getting demolished in here.

:timetostoppostingmeme:
Posted by BBONDS25
Member since Mar 2008
48285 posts
Posted on 6/14/18 at 12:51 pm to
I couldn't care less if you respect my opinion. There are lots of people here way smarter than me. However, what is clear (and has nothing to do with me) is that you have no clue how this works. Your appeal to your own authority as a board member of a non-profit is what I crtiticized. You had no idea private foundations can be trusts. You have no clue the differences of a private foundation and a public charity.

I have been providing facts. You give your opinion claiming authority, when in reality you were ignorant. You got called out. Deal with it.


Posted by AuburnTigers
Member since Aug 2013
6946 posts
Posted on 6/14/18 at 12:53 pm to
quote:

I have been providing facts. You give your opinion claiming authority, when in reality you were ignorant. You got called out. Deal with it.
Posted by buckeye_vol
Member since Jul 2014
35236 posts
Posted on 6/14/18 at 12:54 pm to
quote:

The referral to the IRS isn't criminal. Don't know about FEC.
Yeah. And FEC probably has a little technicalities in the law that would never be applicable to your average joe, but nothing seems overtly egregious although it seems like too much unnecessary overlap to even toe any line.
quote:

A trustee of a private foundation may delegate. I'd be interested to know exactly what actions were being taken and if it rose above allowable delegation.
Yeah. It just seemed unnecessary to even have the campaign staff handling both the the campaign and the foundation's givings. I mean why have Lewandowski do it when you could just hire someone, especially since that could probably be used from the donations as it is part of the charitable process. Plus he was running the campaign.
quote:

Is Fisher House a non profit? I don't know the details of the suit. What was the wording of the settlement? It may be shady it may not. If fisher house isn't a non profit it would be a disallowed distribution and there would be an excise tax.
Fisher House is a non-profit. I don't know the exact settlement, but this is from the suit:

quote:

Mar-A-Lago is a private club in Palm Beach, Florida, of which Mr. Trump is the 99.99% owner, located in a district zoned residential. In August 2006, the Town of Palm Beach issued a citation to Mar-A-Lago for violation of several ordinances related to the height and location of flagpoles on residential properties, as well as for failure to seek a building permit or certificate of appropriateness for installing the flagpole.
quote:

Mar-A-Lago sued the town, arguing that the ordinances were unconstitutional. On April 17, 2007, the parties settled the lawsuit under terms that required Mr. Trump to contribute $100,000 to charities agreed to by the parties. The parties subsequently agreed that the contribution should be made to the Fisher House Foundation.
So the issue isn't who he gave it to, but the problem--I guess depending on the settlement agreement--is that it was a settlement against the resort but paid through the foundation. There are other similar examples as well. Maybe that's the reason the settlements sometimes agreed to paid to a foundation, making it legal. OR maybe it was used because it would typically be legal, so the agencies would would look into it wouldn't look into it, since they probably didn't know it was part of a settlement.

So it seems to me either he settled so he could benefit with a legal loophole. Although quite swampy, I guess that is good deal making. On the other hand, it may have have been good deal making, since it wasn't likely to get caught unless someone really scrutinized a normally legal transaction, but it was actually illegal.

These just seem like amounts a business should be able to handle and not worth the risk. At the same time, maybe the business didn't have the funds available to pay the $120,000 so he agreed to pay the $100,000 to a non-profit so the foundation could cover it and likely never face scrutiny (until he became the unlikely presidential candidate).
Posted by Cruiserhog
Little Rock
Member since Apr 2008
10460 posts
Posted on 6/14/18 at 12:54 pm to
quote:


No dummy. You are too dim to even realize that no "charges" were filed.


im sorry i didnt use the proper legal language to express the point that the AG was suing rather than charging the Trump foundation.

quote:

But trump and his supporters are meanies.



no you are low morals, low standards, willfully ignorant simpletons, truly a caricature of what liberals think of conservative from the sticks.
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