[FoRK] New York attorney general reviewing request to bring action to dissolve Trump Organization

Stephen D. Williams sdw at lig.net
Wed Feb 15 13:13:53 PST 2017

I didn't think of that; it is quite interesting.  They fail to mention what happens to the assets of a suddenly dissolved illegal 
corporation.  He may wish he did something about asset forfeiture reform.

A) Don't lie or coverup.  B) Don't do illegal things.

New York attorney general reviewing request to bring action to dissolve Trump Organization
An alternate legal route, when impeachment isn’t possible.
Police officers walk through the lobby of Trump Tower in New York. CREDIT: AP Photo/Andrew Harnik

Non-profit advocacy group Free Speech for People has asked New York’s attorney general to investigate whether to file a lawsuit to 
revoke the charter of The Trump Organization for violating state business laws.

In a letter to Attorney General Eric Schneiderman, the group and four attorneys said that the attorney general’s office has the 
power to revoke the corporate charter from Trump’s organization, which has violated laws that prohibit the president from receiving 
payments from foreign governments.

Schneiderman’s press secretary Amy Spitalnick told ThinkProgress that the attorney general’s office will review the letter.

In an FAQ document, Free Speech for People and attorneys Jonathan S. Abady, Andrew G. Celli, Jr., Ben T. Clements, and Fordham 
University School of Law Professor Jed Shugerman explain how Schneiderman could bring about a lawsuit.

     “Under Section 1101 of New York’s Business Corporation Law, the attorney general can ‘bring an action for the dissolution of a 
corporation . . . [if] the corporation has exceeded the authority conferred upon it by law, or has violated any provision of law 
whereby it has forfeited its charter, or carried on, conducted or transacted its business in a persistently fraudulent or illegal 
manner, or by the abuse of its powers contrary to the public policy of the state has become liable to be dissolved.’

As ThinkProgress reported earlier this week, it’s unlikely that the Republican Congress will impeach Trump for his violations of the 
Emoluments Clause. However, state attorneys general could hold Trump accountable through the legal system by filing lawsuits like 
the one Free Speech for People suggests.

This lawsuit, known as a “Quo Warranto” proceeding, would allow a judge to determine whether the corporation is a conduit for 
illegal activity.
Trump can be held accountable for violating the Constitution, even if Congress doesn’t care

A legal breakthrough

New York is the ideal venue for such a lawsuit, as The Trump Organization is incorporated in the state. If Schneiderman were to 
succeed, the remedies under New York law could include “revoking or dissolving the corporate charter, enjoining it from exercising 
the illegal activity, and/or imposing a financial penalty on the corporation.”


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