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  • Ny Ag V Trump Declaration Kevin C. Walla

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    This document is an affirmation filed in New York County Supreme Court by Kevin C. Wallace, an attorney for the New York State Attorney General's Office. It affirms that the Attorney General's Office has not convened a grand jury or received a referral to prosecute offenses related to statements of financial condition or conservation easement appraisals for Donald Trump or his company. It also states that while two attorneys were cross-designated to the Manhattan District Attorney's Office, they report to and operate at the direction of that office for grand jury matters.

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    NYS SCROLL for February 14, 2022 filings https://iapps.courts.state.ny.us/iscroll/

    Original Title

    Ny Ag v Trump Declaration Kevin c. Walla

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    This document is an affirmation filed in New York County Supreme Court by Kevin C. Wallace, an attorney for the New York State Attorney General's Office. It affirms that the Attorney General's Office has not convened a grand jury or received a referral to prosecute offenses related to statements of financial condition or conservation easement appraisals for Donald Trump or his company. It also states that while two attorneys were cross-designated to the Manhattan District Attorney's Office, they report to and operate at the direction of that office for grand jury matters.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    98 views3 pages

    Ny Ag V Trump Declaration Kevin C. Walla

    Uploaded by

    File 411
    This document is an affirmation filed in New York County Supreme Court by Kevin C. Wallace, an attorney for the New York State Attorney General's Office. It affirms that the Attorney General's Office has not convened a grand jury or received a referral to prosecute offenses related to statements of financial condition or conservation easement appraisals for Donald Trump or his company. It also states that while two attorneys were cross-designated to the Manhattan District Attorney's Office, they report to and operate at the direction of that office for grand jury matters.

    Copyright:

    © All Rights Reserved
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    of 3

    FILED: NEW YORK COUNTY CLERK 02/14/2022 03:24 PM INDEX NO.

    451685/2020
    NYSCEF DOC. NO. 645 RECEIVED NYSCEF: 02/14/2022

    SUPREME COURT OF THE STATE OF NEW YORK


    COUNTY OF NEW YORK

    PEOPLE OF THE STATE OF NEW Index No. 451685/2020


    YORK, by LETITIA JAMES,
    Attorney General of the State of New
    York,

    Petitioner,

    -against-

    THE TRUMP ORGANIZATION,


    INC.; DJT HOLDINGS LLC; DJT
    HOLDINGS MANAGING MEMBER
    LLC; SEVEN SPRINGS LLC; ERIC
    TRUMP; CHARLES MARTABANO;
    MORGAN, LEWIS & BOCKIUS,
    LLP; SHERI DILLON; DONALD J.
    TRUMP; IVANKA TRUMP; AND
    DONALD TRUMP, JR.,

    Respondents.

    AFFIRMATION OF KEVIN C. WALLACE

    KEVIN C. WALLACE, an attorney duly admitted to practice before the Courts of this

    State, does hereby state the following pursuant to penalty of perjury:

    1. I am an attorney in the Office of the New York State Attorney General who

    appears on behalf of the People of the State of New York in this special proceeding.

    2. I am familiar with the facts and circumstances set forth in this Affirmation, which

    are based upon my personal knowledge, the investigative materials obtained during the course of

    this investigation, and information contained in the files of the Office of the Attorney General

    (“OAG”).

    3. I submit this Affirmation in support of OAG’s cross motion seeking to compel

    production of documents and testimony (Dkt. 357).

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    FILED: NEW YORK COUNTY CLERK 02/14/2022 03:24 PM INDEX NO. 451685/2020
    NYSCEF DOC. NO. 645 RECEIVED NYSCEF: 02/14/2022

    4. Attached hereto as Exhibit 1 is a true and correct copy of a letter dated February

    9, 2022, from William J. Kelly of Mazars USA LLP to Alan Garten, Executive Vice President

    and Chief Legal Officer of the Trump Organization.

    5. OAG has not convened a grand jury to investigate Donald J. Trump, Donald

    Trump, Jr. or Ivanka Trump (“Respondents”) or the Trump Organization, and it does not have a

    referral under Executive Law § 63(2-3) that would grant it jurisdiction to prosecute offenses

    arising from the preparation or submission of any Statements of Financial Condition for Donald

    J. Trump or any conservation-easement appraisals, including those identified in the

    Supplemental Verified Petition (Dkt. 630).

    6. The District Attorney of the County of New York (“DANY”) has not transferred

    to OAG or the Attorney General the responsibility for any grand jury proceeding involving

    Respondents, the Trump Organization, or any of its employees.

    7. While OAG cross-designated two attorneys to DANY in conjunction with Grand

    Jury Investigation No. 2018-00403803, those cross-designated attorneys report to, and operate at,

    the direction of DANY for the purposes of their work in conjunction with Grand Jury

    Investigation No. 2018-00403803.

    8. Those cross-designated attorneys continue to work on other grand jury

    investigations and operate at the direction of DANY on those investigations.

    9. If the Court requires any additional confidential information concerning the

    foregoing disclosures, OAG is prepared to provide any necessary submissions in camera. See

    Michaelis v. Graziano, 5 N.Y.3d 317 (2005) (appropriate to provide “confidential aspects” of

    agency investigation to court on an in camera basis); Dellwood Foods, Inc. v. Abrams, 84 A.D.2d

    692 (1st Dep’t 1981), affirming 109 Misc.2d 263, 270 (1981) (denying motion to quash

    nonjudicial subpoenas in part because “in-camera offer of proof from the Attorney General”

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    FILED: NEW YORK COUNTY CLERK 02/14/2022 03:24 PM INDEX NO. 451685/2020
    NYSCEF DOC. NO. 645 RECEIVED NYSCEF: 02/14/2022

    showed legitimate basis to investigate and not to prepare already-indicted criminal case for trial);

    see also Am. Dental Coop., Inc. v. Attorney-General, 127 A.D.2d 274, 280 (1st Dep’t 1987).

    Indeed, this Court already has permitted OAG to make similar in camera submissions in this

    proceeding. See Sept. 23, 2020 Order, Dkt. 254, at 2.

    Dated: New York, New York


    February 14, 2022

    _______________________
    KEVIN C. WALLACE

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