Finance
Trump Organization monitor flags errors and financial misstatements ahead of ruling in fraud case
The Trump Organization has cooperated with its independent monitor but risks putting out inaccurate financial statements, according to a report issued on Friday by a court-appointed monitor.
The report comes ahead of an expected ruling in a $370 million civil trial involving former President Donald Trump’s company.
Trump, his sons Eric Trump and Donald Trump Jr., and other top Trump Organization executives are accused by New York Attorney General Letitia James of engaging in a decade-long scheme in which they used “numerous acts of fraud and misrepresentation” to inflate Trump’s net worth in order get more favorable loan terms. The judge overseeing the case already found the defendants liable for using false documents to do business. The former president has denied all wrongdoing in the case.
The report – issued at the request of Judge Arthur Engoron to summarize the 14 months of the Trump Organization’s court-appointed monitorship – found that the company has been cooperative, implemented some changes, and issued necessary corrections to financial statements. However, based on her review of over 3000 documents, retired judge Barbara Jones identified that the Trump Organization often provided documents “lacking in completeness and timeliness.”
Former President Donald Trump sits in New York State Supreme Court during his civil fraud trial, on Jan. 11, 2024, in New York.
Michael M. Santiago/Getty Images, FILE
“It is important to note that the Trump Organization acknowledged the disclosure issues described after I brought them to its attention and has been open to recommendations to improve accuracy and transparency,” Jones wrote, noting the company implemented changes to their disclosures and provided additional information following omissions.
However, Jones added, “Absent steps to address the items above, my observations suggest misstatements and errors may continue to occur, which could result in incorrect or inaccurate reporting of financial information to third parties.”
Jones also said that the Trump Organization still lacks a formal compliance department, issued statements that include errors and misstatements, and operates in a manner that reflects “a lack of effective governance.”
“For example, based on the inconsistencies described above, it does not appear that there are adequate accounting and presentation standards, procedures, or training associated with the preparation of financial disclosures. To the extent adequate standards and procedures do exist, they do not appear to have been followed across the organization,” Jones noted.
Her report was issued on Friday, one week ahead of an expected ruling in Trump’s $370 million civil fraud trial. Judge Engoron has closely watched Jones’ monitorship, using one of her past reports to justify beginning the dissolution of the Trump Organization in his summary judgment order.
Former President Donald Trump sits in New York State Supreme Court during his civil fraud trial, on Jan. 11, 2024, in New York.
Michael M. Santiago/Getty Images
“Even with a preliminary injunction in place, and with an independent monitor overseeing their compliance, defendants have continued to disseminate false and misleading information while conducting business. This ongoing flouting of the court’s prior order, combined with the persistent nature of the false SFC’s year after year, have demonstrated the necessity of canceling the certificates,” Engoron wrote in September.
Expressing concern that Jones’ letters have offered an inaccurate picture of the Trump Organization’s compliance, defense attorney Chris Kise unsuccessfully attempted to call Jones as a witness at the trial, which Engoron rejected due to Jones’ role as an “arm of the court.”
When called as a witness, Trump organization executive Mark Hawthorn defended his work coordinating with Jones and the overall conduct of the company.
“We believe everything they deemed as an objection we have responded to diligently and very accurately,” Hawthorn said. “No one from that team has ever communicated to us that they have uncovered fraud or any irregularities.”
Finance
Aussie lawyer warns of ‘middle class’ family battles after budget introduces ‘backdoor death tax’
Australians are expected to pass on trillions of dollars in assets in the coming years as the grey tsunami of wealthy baby boomers crashes across the economy. But some of those expecting the windfall could be more likely to find themselves in a potential dispute with their loved ones as tax changes introduced to trusts commonly used in estate planning increase the likelihood of conflict.
Lawyers who deal with contested wills and estates foresee issues of conflict more likely to arise if the proposed changes go ahead. Alun Hill is the national director of the contested estates division of Armstrong Legal and believes there will be more reasons for discontent and for wills to be challenged due to the increased tax take being slipped in.
“It widens the battleground,” he told Yahoo Finance. “It just creates more reason why there might be someone who wants to contest a will.”
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Under the changes in Labor’s controversial budget, the unprecedented 30 per cent minimum level of capital gains tax will apply to the most common form of estate planning trust, known as a the testamentary discretionary trust.
While the government says its legislation pertaining to tax changes for trusts will be brought before parliament later this year, the slated changes would come into effect from July 1, 2028, and only specifically exclude fixed testamentary trusts. Fixed trusts are different from discretionary trusts as trustees don’t have the discretion to change the proportion of income a beneficiary is entitled to.
“Discretionary trusts aren’t just used as a tax minimisation vehicle,” Hill said. “Traditionally they’ve been used to provide the trustee with the ability to do what’s necessary to carry out the intentions of the testator (the person who wrote the will).”
While the finer details remain to be seen, the new tax floor regardless of the income of beneficiaries and the overall higher CGT on assets, will mean beneficiaries will see less passed on than previously expected – and that can be grounds for a challenge.
“What this really does is create the potential for claims being made against the estate by the spouse or by whoever the intended beneficiary is, who is no longer receiving adequate provision or appropriate provision under the testamentary trust,” Hill said.
Finance
Man who built Guernsey finance charity retires
A charity has announced its new chair following the retirement of its founder.
Peter Neville worked for more than five years to set up Guernsey Community Savings, which first opened its doors in September 2020 to support people who were not able to access mainstream banking, staff said.
Former banker James Ellis is taking over the role. Neville said: “James brings exactly the right blend of financial services experience, charitable involvement and community understanding.”
The charity had helped about 200 people, who would otherwise have been excluded from the financial system access, to accounts and linked debit cards, and offered money‑management guidance to many more, staff said.
Neville said: “The initiatives now being discussed, together with the additional features offered by the new money‑transmission platform, reassure me that James’s vision aligns perfectly with the aims we set in those early days.
“I wish the board and GCS staff every success as they take the charity forward.”
Ellis said: “‘The creation of Guernsey Community Savings in 2020 was only possible because of Peter’s unique set of qualities that enabled him to create a talented team and the structure to tackle the issues facing the financially excluded in our island.
“I was delighted when he asked me to continue with his work and further expand his vision, which I share, to provide help in the form of bank accounts, debit cards and financial education and to realise our ambition to provide grants and soft loans where needed.”
He added he was pleased Neville agreed to remain involved with the charity as life president.
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Finance
Hong Kong’s first 5-year plan to tackle economic gaps, boost jobs: Paul Chan
Hong Kong’s first five-year plan will map out concrete paths to address the city’s shortcomings and magnify socio-economic benefits, including how artificial intelligence can create quality jobs, the financial chief has said a day ahead of the public consultation on the blueprint.
Financial Secretary Paul Chan Mo-po said on Sunday that the key task for the blueprint would be the upgrading and transformation of the city’s economy, vowing to press ahead with the Northern Metropolis megaproject and make it a “spatial carrier for deploying emerging and future industries”.
“Hong Kong’s five-year plan aims not only to provide greater momentum for economic development and better application of technology, but also to promote more inclusive and equitable development in society, provide residents with more quality employment opportunities, and create a better life,” he said in his weekly blog.
The efforts to formulate Hong Kong’s first five-year plan are led by Chief Executive John Lee Ka-chiu, and the blueprint is expected to be finalised by the end of 2026.
Lee said last week that the public consultation for the outline would begin on Monday, confirming an earlier South China Morning Post report.
The public can submit views via dedicated websites during the two-month period, and the government would hold multiple sessions to gather input from various sectors, including lawmakers and industry representatives.
The blueprint aims at aligning Hong Kong’s development with China’s 15th five-year plan, which positions the city as an international hub for finance, shipping, trading, innovation and technology, offshore yuan and global talent.
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