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

geege schuman geege4 at gmail.com
Wed Feb 15 15:50:07 PST 2017


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On Feb 15, 2017 4:33 PM, "Gregory Alan Bolcer" <greg at bolcer.org> wrote:

> Random enforcement of laws is called tyranny.
>
> Greg
>
> 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.
>>
>>
>> https://thinkprogress.org/ny-ag-trump-org-cf56a0663ada#.up7s46fy8
>> 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
>> thinkprogress.org
>>
>> 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.”
>>
>> sdw
>>
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