New York’s attorney general isn’t arresting former President Donald Trump even though she says her three-year investigation uncovered potential crimes in the way he ran his real estate empire.
Even then, mounting a criminal fraud case is far more challenging than a civil lawsuit.
It allows the attorney general to avoid the kind of internal debate about criminal charges that fractured the Manhattan district attorney's parallel investigation into Trump earlier this year.The prospect of Trump, 76, behind bars as a result of a criminal prosecution could give juries pause, make judges more careful and make winning more difficult, said University of Richmond law professor Carl Tobias.
Trump, a Republican who's laying the groundwork for another presidential run in 2024, has derided James as “a fraud who campaigned on a ‘get Trump’ platform.'” James said at a news conference Wednesday that her office was referring its findings to the U.S. attorney’s office in Manhattan and the Internal Revenue Service, and would share evidence of possible state law violations with the Manhattan district attorney’s office, if requested.
He said he had told Bragg there was “evidence sufficient to establish Mr. Trump’s guilt beyond a reasonable doubt” of many of the same allegations that now appear in James' lawsuit — including that Trump falsified financial statements to secure loans and burnish his image as a wealthy businessman. Drawn out legal proceedings could hurt Trump's business by making lenders and potential partners reluctant to cut deals. But, if history is any guide, it’s not likely to be a crushing blow. Against the odds, and despite no shortage of legal battles in recent years, the company has been able to get new loans and raise money.
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