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Trump lashes out at financial monitor in business fraud case after she reports errors

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Trump lashes out at financial monitor in business fraud case after she reports errors

Donald Trump at the courthouse in Lower Manhattan, New York on October 17, 2023.

John Taggart | The Washington Post | Getty Images

Donald Trump on Monday lashed out at the financial monitor overseeing the Trump Organization and urged a judge to fire her days after she reported a range of issues — and flagged a questionable $48 million loan — in the former president’s New York civil business fraud case.

The independent monitor, Barbara Jones, “desperately seeks to justify the continued receipt of millions of dollars in fees going forward,” an attorney for Trump wrote in a letter to Manhattan Supreme Court Judge Arthur Engoron.

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The attorney, Clifford Robert, said Jones has collected over $2.6 million in 14 months on the job. New York Attorney General Letitia James has asked Engoron to order that Jones continue to monitor the Trump Organization for at least five years as part of his judgment in the case.

But Robert wrote that Jones’ findings “simply do not support or provide any evidentiary basis for continued oversight.”

Robert made that argument three days after Jones submitted a report to Engoron accusing the Trump Organization of providing incomplete, inconsistent or incorrect information about its financial disclosures.

In a footnote in that report, Jones said that she identified a loan between Trump himself and an entity related to Trump Chicago Tower that later turned out not to exist.

She was told that the loan was believed to total $48 million, but that there are no agreements memorializing it.

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“However, in recent discussions with the Trump Organization, it indicated that it has determined that this loan never existed” and that it would be removed from subsequent forms, Jones wrote.

Robert called that “a demonstrable falsehood” in his letter Monday.

“The Trump entities of course never said the loan did not exist,” he wrote. “Rather, they provided a copy of an internal memorandum reflecting simply that ‘no liabilities or obligations are outstanding’ under the loan at that time.”

“The Monitor’s deliberate mischaracterization casts further doubt on her competency and veracity” and “simply fails to support continued oversight,” he added.

Jones did not immediately respond to CNBC’s request for comment on Robert’s letter.

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Jones’ report came days before Engoron was expected to deliver a verdict in James’ case accusing Trump, his two adult sons, his company and its top executives of fraudulently inflating Trump’s asset values to boost his net worth and obtain financial perks.

James seeks to ban Trump for life from participating in New York’s real estate industry or serving as an officer or director of a business in the state. She also seeks five-year bans with the same conditions for Donald Trump Jr. and Eric Trump, who took over the Trump Organization after their father became president in 2017. The attorney general also seeks more than $370 million in penalties.

The public entrance to Trump Tower on Fifth Avenue in New York.

Robert Alexander | Archive Photos | Getty Images

Jones, a retired federal judge who has been involved in multiple Trump-related legal proceedings, was selected in November 2022 by both Trump and James as their top pick to serve as the independent monitor in the civil fraud case.

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But Robert lashed out at Jones in Monday’s letter, accusing her of issuing her latest report to ensure she continues to “receive exorbitant fees,” paid for by Trump and his co-defendants.

Robert also accused the monitor’s report of containing errors that cast doubt on her competency, and of being “misleading and disingenuous.”

Jones’ “bad faith” effort “rehashes long-resolved issues,” Robert wrote, accusing the monitor of being “unabashedly self-serving” in reporting that the Trump Organization could continue to make errors that result in sending inaccurate financial information to third parties.

“Further oversight is unwarranted and will only unjustly enrich the Monitor as she engages in some ‘Javert’ like quest against the Defendants,” Robert wrote, referring to the misguided legal enforcer from the musical “Les Miserables.”

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Trump’s attorney Christopher Kise in a statement called Jones’ report “truly a joke.” He characterized her overall findings as merely a handful of unimportant clerical errors and inconsistencies.

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“Indeed, it is shocking that President Trump has been forced to pay millions for a Monitor to prove what he has said from the outset, namely, there is no financial reporting misconduct, no fraud and simply no basis for this abusive process to continue,” Kise wrote.

A spokeswoman for James called that statement “patently false,” referring to the issues Jones found, including $40 million in cash transfers that were previously undisclosed to her, as is required.

Engoron has said he will try to deliver a decision in the case by Wednesday, while noting that there is no guarantee on when he will issue a verdict.

The judge had ruled before the two-month trial even began that Trump and his co-defendants were liable for fraudulently misstating the values of various assets on key financial forms. The trial was conducted to determine damages and resolve other claims of wrongdoing in James’ lawsuit.

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Faegre Drinker Grows Dallas Finance & Restructuring Practice

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Faegre Drinker Grows Dallas Finance & Restructuring Practice

Glenn Reitman has joined Faegre Drinker as a partner in the finance & restructuring practice in Dallas, the firm said Thursday.

Reitman represents lenders and borrowers in structuring, negotiating, and documenting finance transactions, according to Faegre Drinker. He has particular expertise with commercial, real estate, and energy projects and structured financing.

His finance practice includes private equity, venture capital, leveraged buyouts, structured products, loan workouts, and restructurings, said the firm.

This story was produced by Bloomberg Law Automation.

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What will the finance team of the future look like – Accountancy Age

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What will the finance team of the future look like – Accountancy Age

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Peter Spence, AICPA & CIMA



May 2, 2024

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A significant part of the work we do at AICPA & CIMA is about looking at trends within the profession and using them to discern what the future of accounting looks like, so as to best prepare our members to thrive within it.

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This is the rationale behind our Future of Finance 2.0 project, of which we have just released the latest iteration. This paper highlights and explores what I think is the most significant long-term trend which is currently reshaping the accounting and finance profession, and it essentially relates to mindset.

In the past, it would be fair to characterise our profession as being quite rigid and rules based. This is not intended to be derogatory, it is simply a reflection of the work we did and the career paths we followed to do it. What we are seeing today, and will see more of in the future, is a shift towards a more expansive mindset, with value-creation at its heart.

Our work will incorporate a wider range of responsibilities, including but not limited to being the stewards of sustainability data and strategy and working with colleagues in all parts of the of organisations we serve to drive efficiency, productivity and sustainable value creation.

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Sustainability

Sustainability is one of the key drivers of change within the profession, but it is important to understand that this is not just a response to regulatory changes which require us to present the data. While these are obviously important, it is important to look beyond this, and to apply the value creation mindset I have mentioned, because this is where the opportunities are.

Forward thinking organisations are not approaching this in terms of “we have to report”. They are looking at how their business models can adapt to produce truly sustainable growth, because that is where competitive advantage will be found.

Now clearly, that is not a description of the majority of workplaces at the moment, but you can see evidence of the direction of travel in our survey results. We found that 48% of accounting and finance professionals are currently measuring the impact of sustainable initiatives and only 45% say that they are currently measuring the performance of these initiatives. That is a significant proportion, and the fact that more and more companies are looking at the performance of these initiatives shows you where we are heading.

Business partnering is the way of the future

Another big change our research picked up was the increasing move towards the business partnering model. Something which struck me as very significant was the difference in attitudes towards the future we found among the professionals we surveyed. 60% of them said they identify as finance business partners, and 84% of those are extremely optimistic about the future of the profession. Of the 40% who say they don’t identify as finance business partners, only 15% said they are optimistic about the future of the profession. I think that is a pretty good indication of where our profession is heading, so I strongly recommend you take that into account in your career planning.

To make the most of this trend, the accountants of the future will need the ability to use data and analytics combined with business acumen, so they can improve strategic decision-making and drive business performance within their organisations.

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Overall the challenge for the profession which our research identified is the need to adapt to the requirements of sustainable business practice while exploiting the possibilities of new technology. To succeed we will have to adopt a multi-capital perspective of value while learning to work across organisational boundaries. If we can achieve this, we can look forward to a bright future. Demand for data-driven decision-making and sustainable business models is only going to grow, so we can be confident that the need for strategic value creating finance teams will make us a valuable partner in every organisation in the years to come.

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Belvedere finance committee previews draft budget

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Belvedere finance committee previews draft budget

Belvedere’s growing fire service expenses in the proposed draft budget for next fiscal year have raised concerns among the city’s finance committee.

The committee reviewed the $9 million draft budget on Tuesday. The 2024-2025 budget proposal shows a $1.2 million general fund deficit by the end of June 2025.

City staff said there may be some small growth in revenues and a slight increase in spending, particularly with the city’s fire services contract.

General fund revenues are projected to be $9.1 million, but the city’s expenses and outgoing transfers add up to $10.3 million — a 5.8% increase over the current year budget. Transfers to various funds include $300,000 to pension trusts and $650,000 to critical infrastructure.

Helga Cotter, director of administrative services, said they expect to close out the current fiscal year with an excess of $1.4 million, which would cover the deficit.

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“It is also important to note that some of these transfers out are not associated with current year expenses,” Cotter said. “Specifically the critical infrastructure reserve and the 115 pension trust fund transfers are being made to fund anticipated future expenses, allowing budget smoothing.”

Most of the city’s income is earmarked for costs relating to fire protection, police services and the department of public works, according to the draft budget. Around $1.1 million is planned for capital projects, which includes the seawall and retaining wall projects.

Robert Zadnik, the city manager, said the retaining walls along Beach Road are particularly concerning and a No. 1 priority; $175,500 is set aside for the project in the draft budget. However, Zadnik said the current solution proposed by engineering experts does not address seismic concerns.

“This isn’t something new that was a surprise to us,” Zadnik said. “We’ve known through the committee to protect Belvedere seawalls, levees and utilities that this was a vulnerability, a threat.”

The majority of the city’s revenue, 71%, comes from property taxes. Cotter said the property tax forecast shows a potential 5% increase, equal to $358,000, for the budget year, and that revenues in the general fund could increase 2%, or about $177,000. No grant funding is included in the draft budget, but Cotter said the city will continue to look for grant opportunities.

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A significant change in costs is a 7.5% increase in Tiburon Fire Protection District’s contract. The fire service deferred some of its annual Section 115 contributions — a trust account needed to fund employee benefits — to keep a fairly consistent cost to the city. Without this, the increase to the budget would have been approximately 14%. Still, the city anticipates a payment to the district of over $92,500, and will make an additional payment in the future.

Currently the fire service contract is around $2.1 million, but is expected to increase to $2.4 million in the next budget cycle.

Sally Wilkinson, a nonvoting City Council member on the committee, said fire expenses have been growing about 6% annually for the past 20 years, while the city’s expenditures have grown at 4.4%. She suggested closely analyzing the long-term trends in cost over the past years — and the projected increases in the future.

“I think it would be useful just to distribute some numbers and some charts just to give a clearer impression of where that has gone and, as you say, project it out 20 years just to see when that crunch really hits,” Wilkinson said.

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