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New York AG says her office has evidence Trump's company lied to tax officials and banks

New evidence revealed in Trump fraud probe
New evidence revealed in Trump fraud investigation 02:30

The New York attorney general's office said late Tuesday it had told a court that its investigators had uncovered evidence that President Donald Trump's company used "fraudulent or misleading" asset valuations to get loans and tax benefits.

Attorney General Letitia James' office detailed its findings in a court motion seeking to force Trump, his daughter Ivanka Trump and his son Donald Trump Jr. to comply with subpoenas seeking their testimony.

The court filing said state authorities haven't yet decided whether to bring a civil lawsuit in connection with the allegations, but that investigators need to question Trump and his two eldest children as part of the probe.

In a phone call with CBS News, Ronald Fischetti, an attorney for Trump, accused James of trying to compel testimony in her civil case with the goal of turning it over to Manhattan district attorney criminal investigators running a parallel probe.

"She wants him to testify under oath, without immunity. So she can turn his testimony over to the district attorney and say, 'Here we have it. You can use it and you don't have to give him immunity," Fischetti said.

Trump Investigations Insurance
In this January 11, 2017 photo, then President-elect Donald Trump, center, stands next to Donald Trump Jr. and Ivanka Trump at a news conference in the lobby of Trump Tower in New York. Evan Vucci / AP

In the court documents, James' office gave its most detailed accounting yet of its investigation into allegations that Trump's company repeatedly misstated the value of assets to get favorable loan terms or slash its tax burden.

"As the papers filed today make clear, each of the individuals was directly involved in one or more transactions under review. Earlier this month, the Trumps filed a motion to quash these interviews, and the papers filed today by the Attorney General oppose that motion," James' office said.

The Trump Organization, it said, had overstated the value of land donations made in New York and California on paperwork submitted to the IRS to justify several million dollars in tax deductions.

Fischetti said that James left out relevant information about the loans.

"She hasn't put down anywhere that the loan was paid and that (the bank) did their own valuation," Fischetti said.

Among other allegations, the company is accused of misreported the size of Trump's Manhattan penthouse, saying it was nearly three times its actual square footage — a difference in value of about $200 million, James' office said, citing deposition testimony from Trump's longtime financial chief Allen Weisselberg, who was charged last year with tax fraud in a parallel criminal investigation.

Investigators, the court papers said, had "developed significant additional evidence indicating that the Trump Organization used fraudulent or misleading asset valuations to obtain a host of economic benefits, including loans, insurance coverage, and tax deductions."

Trump's legal team has sought to block the subpoenas, calling them "an unprecedented and unconstitutional maneuver." They say James is improperly attempting to obtain testimony that could then be used in the criminal investigation being overseen by Manhattan District Attorney Alvin Bragg.

Trump sued James in federal court last month, seeking to put an end to her investigation. In the suit, his lawyers claimed the attorney general, a Democrat, had violated the Republican's constitutional rights in a "thinly-veiled effort to publicly malign Trump and his associates."

In the past, the Republican ex-president has decried James' investigation and Bragg's probe as part of a "witch hunt."

In a statement late Tuesday, James office said it hasn't decided whether the evidence outlined in Tuesday's court papers merits legal action, but that the investigation should proceed unimpeded.

"For more than two years, the Trump Organization has used delay tactics and litigation in an attempt to thwart a legitimate investigation into its financial dealings," James said. "Thus far in our investigation, we have uncovered significant evidence that suggests Donald J. Trump and the Trump Organization falsely and fraudulently valued multiple assets and misrepresented those values to financial institutions for economic benefit."

"The Trumps must comply with our lawful subpoenas for documents and testimony because no one in this country can pick and choose if and how the law applies to them. We will not be deterred in our efforts to continue this investigation and ensure that no one is above the law," her statement continued.

Although James' civil investigation is separate from the criminal investigation, her office has been involved in both, dispatching several lawyers to work side-by-side with prosecutors from the Manhattan D.A.'s office.

One judge has previously sided with James on other matters relating to the probe, including making another Trump son, Trump Organization executive Eric Trump, testify after his lawyers abruptly canceled a scheduled deposition.

Last year, the Manhattan district attorney brought tax fraud charges against the Trump Organization and Weisselberg, its longtime chief financial officer.

Weisselberg pleaded not guilty to charges alleging he and the company evaded taxes on lucrative fringe benefits paid to executives.

Both investigations are at least partly related to allegations made in news reports and by Trump's former personal lawyer, Michael Cohen, that Trump had a history of misrepresenting the value of assets

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