'The fact that the legal action is civil in nature does not diminish the magnitude of its claims. The complaint alleges that Trump, three of his children, the Trump Organization and others engaged in ten years of financial fraud,' writes Barbara McQuade
in Washington. But those investigations are all criminal cases, which bring with them the burden of proving guilt beyond a reasonable doubt. In the case filed Wednesday, the standard is the lower one used in civil suits that requires simply proving that the defendant more likely violated the law than not. And for that reason, this suit may be the one that finally holds Trump accountable for misconduct.
Proving these falsehoods by a preponderance of the evidence is made even easier in a case that rests largely on documents. Falsehoods can be proved by showing inconsistent statements about asset values between documents. In a case involving violent crime, proof requires eye witnesses who can testify about what they observed. But witnesses are subject to cross-examination that can attack their ability to observe or remember what they saw. Not so with documents.
James may have selected civil claims because she lacks authority as attorney general to bring criminal charges of this nature. She has, however, referred the case for potential criminal investigation to the U.S. Attorney’s Office for the Southern District of New York and the Internal Revenue Service. Nothing about her civil case would prevent them from proceeding with criminal charges.
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