[FoRK] New York attorney general reviewing request to bring action to dissolve Trump Organization
Gregory Alan Bolcer
greg at bolcer.org
Wed Feb 15 13:32:19 PST 2017
Random enforcement of laws is called tyranny.
On 2/15/2017 1:13 PM, Stephen D. Williams wrote:
> 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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