Allegations of impropriety and lawsuits Trump University

1 allegations of impropriety , lawsuits

1.1 new york v. trump entrepreneur initiative llc
1.2 lawsuits in federal court

1.2.1 low v. trump university, llc
1.2.2 cohen v. trump
1.2.3 public release of court documents
1.2.4 trump s comments curiel


1.3 settlement
1.4 other investigations

allegations of impropriety , lawsuits

three lawsuits filed asserting trump university engaged in variety of illegal business practices, ranging false claims racketeering. 2 federal class-action lawsuits: 1 against trump university , managers, including donald trump, , 1 against donald trump personally. third case filed in new york state court.

new york v. trump entrepreneur initiative llc

in 2005, new york state department of education sent trump, sexton, , trump university letter saying violating state law using word university when in fact trump university not chartered 1 , did not have required license offer live instruction or training. although sexton promised organization stop instructing students in new york state, new york attorney general alleged such instruction continued.

a march 2010 letter sent deputy commissioner higher education, joseph frey, trump stated: use of word university corporation misleading , violates new york education law , rules of board of regents. in june 2010, trump university changed name trump entrepreneur initiative.

on august 24, 2013, state of new york filed $40 million civil suit against trump university alleging illegal business practices , false claims made company. donald trump denied allegations, claiming school had 98% approval rating, , said new york attorney general eric schneiderman political hack looking publicity . trump filed complaint alleging state attorney general s investigation accompanied campaign donation shakedown; complaint investigated new york ethics board , dismissed in august 2015. because of strict confidentiality laws, unknown whether complaint dismissed because trump s claims untrue, or because schneiderman s alleged actions did not contravene ethical rules.

schneiderman described trump university bait-and-switch scheme , pointed fact organization not university. accused trump of misleading more 5,000 people pay $35,000 learn real estate investment techniques.

in october 2014, new york judge found trump liable operating company without required business license.

lawsuits in federal court
low v. trump university, llc

tarla makaeff, paid $60,000 trump university in 2008, brought class action lawsuit against trump university on april 30, 2010, in u.s. district court southern california. suit, makaeff v. trump university, llc, sought refunds makaeff , other former clients of trump university, punitive damages breach of contract, fraud, negligent misrepresentation , bad faith. did not name donald trump defendant, did in later amended complaint. in february 2014, u.s. district court judge gonzalo p. curiel denied recognition nationwide class plaintiffs had requested , recognized suit class-action on part of trump university clients in 3 states – california, florida, , new york – based on specific alleged violations of consumer protection laws of states. narrowed case 5 of plaintiffs original fourteen charges.

on may 26, 2010, trump university filed counterclaim alleging makaeff had made defamatory statements trump university, including many spurious accusations of actual crimes , had caused trump university losses of more $1 million. on june 30, 2010, makaeff countered trump university s defamation claim attempt intimidate her, known slapp suit (a strategic lawsuit against public participation), , because trump university public figure defamation claim required proof acted actual malice when speaking , writing trump university. invoking california s anti-slapp statute, makaeff triggered procedures hastened consideration of defamation claim without further discovery.

on august 23, 2010, u.s. district judge irma e. gonzalez ruled trump university not public figure, did not need show malice on makaeff s part, , proceed defamation claim. makaeff appealed ninth circuit court of appeals, three-judge panel ruled unanimously on april 17, 2013, trump university limited-purpose public figure , trump university must demonstrate malice on makaeff s part establish defamation; returned case district court consider defamation claim against standard. after additional briefing, u.s. district judge gonzalo p. curiel ruled in makaeff s favor on june 16, 2014, , dismissed defamation claim. makaeff then, @ court s invitation, presented evidence of legal costs , fees in connection defamation litigation. asked $1.3 million, , on april 20, 2015 curiel ordered trump university reimburse makaeff $798,000 in legal fees , costs.

in november 2015, district court ruled on trump s motion summary judgment. in 44-page opinion, court denied trump s motion summary judgment on of claims, finding there genuine issue of fact on plaintiffs claims of deceptive practices , misrepresentation in advertisements in violation of california, florida, , new york consumer protection , business law , therefore letting these claims proceed trial. court did grant summary judgment in trump s favor on plaintiffs request injunction, because trump university stopped enrolling students in july 2010 , no longer sold same seminars or other programs.

on march 21, 2016, on objections attorneys trump university, curiel allowed makaeff withdraw lead plaintiff, naming sonny low in stead, resulting in case title low v. trump university, llc.

cohen v. trump

on october 18, 2013, california businessman art cohen filed civil lawsuit, art cohen v. donald j. trump, in u.s. district court southern california, class action on behalf of consumers throughout united states purchased services known live events trump university after january 1, 2007. alleged violations of rico statute, scheme defraud. accused trump of misrepresenting trump university make tens of millions of dollars while delivering neither donald trump nor university. suit named donald trump sole defendant , sought restitution damages, including punitive , treble damages.

in order dated october 24, 2014, u.s. district judge gonzalo p. curiel certified class proposed plaintiff , ruled cohen had presented enough evidence allow lawsuit proceed. alan garten, general counsel trump organization, said trump university appeal curiel s ruling, said showed manifest disregard law . in october 2015, garten said trump ask curiel recuse himself because of animosity toward mr. trump , views . however, trump s lawyers never filed motion recuse, , according legal experts such motion lack legal merit , possibly considered frivolous.

in may 2016, curiel set trial on suit begin november 28, 2016, after u.s. presidential election, jury selection several weeks earlier.

in august 2016, district court denied trump s motion summary judgment, ruling there sufficient evidence against trump case go jury.

on november 10, 2016, curiel denied request trump delay trial until after inauguration president of united states of america. @ same time curiel urged parties in lawsuits work toward settlement, , both sides agreed accept offer u.s. district judge jeffrey t. miller facilitate such talks.

public release of court documents

on may 27, 2016, curiel granted request washington post public release of documents had been filed in case. noted routine , many publicly available. released information included playbooks documenting instructions employees use hard-sell approach, depositions in former employees said trump university had defrauded or lied students.

on august 2, 2016, court denied request washington post , other media organizations public release of hours of videotaped testimony trump s 2 depositions in cohen, taken in november 2015 , january 2016. transcripts of depositions had been released, showing trump repeatedly indicated had never met instructors @ trump university, despite advertisements program indicating staff had been handpicked real estate mogul. trump s attorneys had opposed requests release videotapes. curiel ruled there legitimate public interest in content of deposition, interest satisfied via public release of transcripts. judge noted if videos publicly released, nigh-inevitable footage used in news accounts , political ads, might prejudice jury pool pre-trial.

trump s comments curiel

during primary campaign speeches, trump repeatedly called judge hater , described him spanish or mexican (curiel born in indiana parents had immigrated u.s. mexico). trump said curiel should recuse himself, although attorneys said did not plan ask judge removed case. curiel s comment write in procedural ruling trump has placed integrity of these court proceedings @ issue . trump s references curiel s ethnicity, comments ought judge, alarmed legal experts, expressed concern effects of comments on judicial independence.

on june 7, 2016, trump issued lengthy statement saying criticism of judge had been misconstrued , concerns curiel s impartiality not based upon ethnicity alone, upon rulings in case.

settlement

on november 18, 2016 reported trump agreed pay $25 million settle 2 class-action lawsuits , new york suit. settlement reached ten days before san diego class action scheduled go trial. of $25 million, $21 million go participants in class-action suits, $3 million go new yorkers not covered class-action suits, , penalty of $1 million assessed state of new york running unlicensed university. plaintiff s attorneys agreed forgo fees , work pro bono maximize amount go approximately 7,000 former trump university students part of case. settlement specifies trump, had vowed never settle, not admit wrongdoing. settlement brokered u.s. district judge jeffrey t. miller, offered services parties on november 10 @ curiel s request. curiel approved settlement on march 31, 2017. however, final payment of settlement on hold, because 1 member of class opted out of settlement pursue individual lawsuit. oral arguments in suit scheduled november 2017.

new york attorney general eric schneiderman stated settlement , payment trump stunning reversal donald trump , major victory on 6,000 victims of fraudulent university. trump himself said settled small fraction of potential award because busy president-elect take trial. added, bad thing winning presidency did not have time go through long winning trial on trump u. bad!

other investigations

in 2010, office of texas attorney general greg abbott investigated trump university. no lawsuit brought, after exchanging communications investigators included requests investigators customer lists , internal documents, trump university closed operations in state. these had included newspaper advertising, free presentations, , three-day seminars.

the office of florida attorney general pam bondi announced in september 2013 considering joining new york lawsuit against trump university. 4 days later, donald j. trump foundation donated $25,000 , justice all, 527 group supporting bondi s re-election campaign. following this, bondi declined join new york in lawsuit. according bondi spokesman, bondi had solicited donation trump several weeks before office announced considering joining lawsuit. in march 2016, citizens responsibility , ethics in washington (crew) filed complaint irs potentially illegal donation. in september 2016 reported donation violated laws against political contributions nonprofit organizations, , donald trump had reimbursed foundation own money , paid irs $2,500 excise tax penalty. trump denied donation connected trump university lawsuit, saying bondi s performance attorney general.

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