Letitia James’s fraud lawsuit against Trump raises two questions: Why is this not part of a criminal case by the Manhattan district attorney’s office? And where has the Justice Department been all these years?
. This would be inadmissible in a criminal proceeding, but in a civil case, the fact finder can draw an “adverse inference” about what the answer to those questions would have been — in other words, that telling the truth would have incriminated him.being used as the vehicle for the case.
As a legal matter, the AG’s office does not necessarily need to establish that any of the recipients of the alleged misrepresentations, such as insurers and banks, actually relied on them or suffered any losses as a result of them. That too likely helps to explain why a broader criminal case by the Manhattan district attorney’s office has not been brought.
This is not the case for some of the most potent federal criminal-fraud charges, which, as the AG’s office itself mentions in a footnote in the complaint, generally have “no requirement of loss or reliance.” That is one reason why, under ordinary circumstances, the sort of conduct alleged against Trump should have drawn the attention of federal prosecutors, who then should have conducted a fulsome probe into Trump’s finances.
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