Tag: property taxes
Fox News Slurs Sen. Duckworth For Claiming Veterans Tax Benefit

Fox News Slurs Sen. Duckworth For Claiming Veterans Tax Benefit

A Fox News headline smeared Sen. Tammy Duckworth (D-IL) for not paying Illinois property taxes — failing to note that as a disabled veteran, she is exempt.

"Democrat Tammy Duckworth hasn't paid property tax on her Illinois home since 2015, report says," the network misleadingly charged.

The headline appeared atop a story, aggregating a Chicago Sun-Timesreport from last Friday, about the 27,288 Cook County, Illinois, homeowners who are exempt from property taxes.

Read NowShow less
Trump Organization Paid Bribes To Reduce Property Taxes, Assessors Say

Trump Organization Paid Bribes To Reduce Property Taxes, Assessors Say

Reprinted with permission from ProPublica.

The Trump Organization paid bribes, through middlemen, to New York City tax assessors to lower its property tax bills for several Manhattan buildings in the 1980s and 1990s, according to five former tax assessors and city employees as well as a former Trump Organization employee.

Two of the five city employees said they personally took bribes to lower the assessment on a Trump property; the other three said they had indirect knowledge of the payments.

The city employees were among 18 indicted in 2002 for taking bribes in exchange for lowering the valuations of properties, which in turn reduced the taxes owed for the buildings. All of the 18 eventually pleaded guilty in U.S. District Court in Manhattan except for one, who died before his case was resolved.

No building owners were charged, though the addresses of some of the properties involved became public. Trump Organization buildings were not on that list. No evidence has emerged that Donald Trump personally knew of or participated in the alleged bribery.

Trump denied any wrongdoing at the time, and the Trump Organization reiterated that position in response to questions for this article. “To be clear, at no time did the Trump Organization or any of its employees or principals ever pay anyone for the purpose of unlawfully obtaining a lower tax valuation,” Alan Garten, the Trump Organization’s chief legal officer, wrote in a statement. “This was corroborated by multiple investigations which found no evidence of any wrongdoing by the company or any of its principals. … If anything, the Trump Organization was a victim of the scandal.”

Asked to provide evidence or name the agencies that allegedly cleared the company, Garten did not provide additional details, saying, “I was referring to the different investigations conducted by the state and federal authorities at the time.” (Here is the company’s full statement.)

The moment that corrupt assessors told their co-conspirators that the Trump Organization had agreed to pay bribes was memorable, said Frank Valvo, a former city assessor who served a year and a half in prison for his role in the scheme.

The excitement was palpable in the office, Valvo recalled, as one of the assessors broached the news. “He says, ‘We got Trump!’” Valvo recalled. “Wow. Holy Smokes.”

Two former city employees, speaking on the condition of anonymity, told ProPublica and WNYC that they accepted money from middlemen representing the Trump Organization to lower assessments on 40 Wall St. after Trump took over the skyscraper in 1995.

The assessors’ scandal burst into the news just months after the Sept. 11 attacks, revealing deep-seated corruption in the city’s sprawling bureaucracy with potential fallout for some of Manhattan’s wealthiest landholders. A joint city and federal investigation found that the assessors took more than $10 million in bribes over 35 years and changed the assessed value of at least 562 properties.

Valvo told ProPublica and WNYC, “I’m guilty of what I did. I’m not going to hide that.” He said he’s speaking because he’s now 88, and he “wants the truth to come out” about the property owners. (To hear more from Valvo, listen to this week’s episode of “Trump, Inc.”

The two employees of the assessors office who said they personally received bribes for Trump properties said they met with middlemen, or bag men, for various property owners, who would hand them envelopes of cash. In exchange, the city employees treated the middleman’s clients favorably when calculating the buildings’ tax assessments. One such middleman, they said, was a tax consultant, Thomas McArdle, whose name later surfaced in connection with the bribery scheme.

One of the two assessors recalled receiving a list of about 20 properties from McArdle; 40 Wall St. was on it, he said.

Another said that at one meeting, he looked in the envelope and asked for more money. The middleman responded by telling him that Donald Trump thought the employee should be making the assessment changes for free.

Apart from the two employees who say they took bribes, and Valvo, a fourth former assessor said he could confirm that Trump Organization property was involved but declined to provide additional details. A fifth former assessor said he remembers Trump Organization properties being talked about in the office as among those whose assessments were lowered in exchange for bribes.

Another convicted assessor, Joe Iovino, said he “did not know of any Trump Properties” paying bribes. The remaining living assessors either declined to comment or did not respond to multiple requests for interviews.

The former Trump Organization employee said that when he worked at the company, Donald Trump arranged for an employee to meet with McArdle, the alleged middleman. (The extent of Trump’s knowledge, if any, as to the ultimate purpose of this alleged meeting is unknown.)

During the subsequent alleged meeting, which Trump did not attend, McArdle received a check, and the employee passed along what the former employee said he knew to be “bogus information” to McArdle. The false information was intended to be passed on to the assessors, according to the former employee, to give them a pretext to lower the tax valuation for the Plaza Hotel, which the Trump Organization then owned.

McArdle, who was a cooperating witness in the bribery case, died in 2013 and was never charged. When the scandal erupted, according to the former Trump Organization employee, Trump expressed concern that he had signed checks payable to McArdle. His staff told him not to worry because executives of the Plaza had signed the checks, the employee said.

On Tuesday evening, the Trump Organization’s Garten sent an email stating, “We reviewed our accounting records and we have no record of any payment ever being made to Tom McArdle.”

ProPublica asked whether the records search included those from the Plaza Hotel, as well as whether the records indicated if the company had paid McArdle’s firm rather than McArdle personally. Garten replied, “Regarding Trump Plaza, as I said, we have no records of any payments to Mr. McArdle.”

Historical tax assessment data for the Plaza shows its valuation dropping noticeably during the Trump Organization’s seven-year ownership. But it’s hard to discern whether the changes in valuation were due to any assessors’ scheme or changes in market conditions — or both. The Plaza’s valuation dropped by about 40 percent over two years, for example, but that also coincided with the hotel’s 1992 entry into bankruptcy. The assessments began rising again on its 1994 tax bill, when the hotel was back on the market. It sold in 1995.

In the case of 40 Wall St., the assessment also dropped. The decrease actually began before Trump took control of the building, which was then in distress, after he retroactively appealed the tax bill for what the Trump Organization said were fully legitimate reasons. The valuation stayed low, then climbed markedly beginning in 2000 — the same year the investigation into the bribery scheme began gaining traction.

The Trump Organization, in its statement for this article, attributed the Plaza’s rise to fluctuations in the city’s economy at the time. At 40 Wall St., the rise in valuations in the 2000s occurred after the building was renovated and signed a slew of new deep-pocketed tenants, which would be expected to drive up the assessment.

In 2007, Trump was questioned under oath about McArdle in an unrelated deposition for a lawsuit he filed against journalist Timothy O’Brien. Here’s the full exchange between a lawyer for O’Brien and Trump, according to a transcript of the deposition:

Q. Ever heard the name McCardle? A. No. Who is McCardle? Q. Thomas McCardle. A. It sounds vaguely familiar, but I don’t remember. Q. Former New York City tax assessor’s office, then tax consultant? A. I don’t know the name. Q. Was caught up in a scandal in the early 2000s regarding tax assessors? A. I think he is a man that represented many, many real estate people in New York. He represented some of the biggest real estate companies in New York. I don’t know if he represented us or not, but I don’t remember that. Q. Did you ever make any payments to Mr. McCardle? A. I don’t even remember ever — I don’t even know that name. I think I read the name because there was some kind of tax scandal going on, and he was involved with various real estate people. I don’t know the name. I don’t know that we ever used him. Q. Do you recall — A. He was a consultant of some kind. Q. Yeah. A. No, I don’t remember ever having used him. But he was used by many major real estate companies in New York.

Prosecutors never pursued property owners over the bribes. One of the alleged architects of the scheme, an 85-year-old former assessor named Albert Schussler, who had become a middleman between assessors and owners, had a fatal stroke the night before he was scheduled to talk to prosecutors. His death hampered the case against owners, lawyers said.

“You’d love to follow the rainbow to the very end and get every person along the way who has been committing crimes, but unfortunately it’s not possible,” said Sharon McCarthy, the assistant U.S. attorney who led the prosecution of the case, in an interview with academic researchers in 2014. “The person who dealt directly with the property owners is Albert Schussler, and he passed away, so we lost the ability to go after anyone else.”

McCarthy told ProPublica and WNYC that she could not discuss any part of the case that isn’t in the public record.

After the devastation wrought in lower Manhattan by the 9/11 attack, fighting terrorism became the urgent focus. City Hall, worried about lower Manhattan, tried to prop up developers.

The federal and state statutes of limitations for bribery have expired, so no property owners face any risk of prosecution.

After the indictments, two Trump entities sued New York City, claiming that he had not paid bribes to lower assessments and thus the Trump World Tower near the United Nations was unfairly valued by assessors higher than it should have been.

When Trump filed the suit, he was quoted in The New York Times saying, “It is impossible for any one of those property owners who used Schussler not to have known what was going on.”

The entity that owned the Trump World Tower separately sued the city seeking a tax break for creating affordable housing, and the city ultimately settled both suits together. Trump’s company received a tax break worth more than $100 million. The 13-page agreement did not mention or address the merits of Trump’s claims that the Trump World Tower suffered because of Trump’s asserted unwillingness to pay any bribes.

The assessors each pleaded guilty and most of them served between one to three years in prison. The Finance Department said that they had deprived the city of $160 million in tax revenue over the four years prior to the indictments and millions more in the decades before that. They are still paying restitution.

Help Us Investigate

Do you have information about the bribery scandal? Email heather.vogell@propublica.org and ksullivan@nypublicradio.org.

Here’s how to send tips and documents to ProPublica securely.

You can also always email us at tips@trumpincpodcast.org.

And finally, you can use the postal service:

Trump, Inc. at ProPublica155 Ave of the Americas, 13th FloorNew York, NY 10013

‘Versions Of Fraud’: New Documents Show How Trump Evaded Property Taxes

‘Versions Of Fraud’: New Documents Show How Trump Evaded Property Taxes

Reprinted with permission from ProPublica.

Documents obtained by ProPublica show stark differences in how Donald Trump’s businesses reported some expenses, profits and occupancy figures for two Manhattan buildings, giving a lender different figures than they provided to New York City tax authorities. The discrepancies made the buildings appear more profitable to the lender — and less profitable to the officials who set the buildings’ property tax.

For instance, Trump told the lender that he took in twice as much rent from one building as he reported to tax authorities during the same year, 2017. He also gave conflicting occupancy figures for one of his signature skyscrapers, located at 40 Wall Street.

Lenders like to see a rising occupancy level as a sign of what they call “leasing momentum.” Sure enough, the company told a lender that 40 Wall Street had been 58.9% leased on Dec. 31, 2012, and then rose to 95% a few years later. The company told tax officials the building was 81% rented as of Jan. 5, 2013.

A dozen real estate professionals told ProPublica they saw no clear explanation for multiple inconsistencies in the documents. The discrepancies are “versions of fraud,” said Nancy Wallace, a professor of finance and real estate at the Haas School of Business at the University of California-Berkeley. “This kind of stuff is not OK.”

New York City’s property tax forms state that the person signing them “affirms the truth of the statements made” and that “false filings are subject to all applicable civil and criminal penalties.”

The punishments for lying to tax officials, or to lenders, can be significant, ranging from fines to criminal fraud charges. Two former Trump associates, Michael Cohen and Paul Manafort, are serving prison time for offenses that include falsifying tax and bank records, some of them related to real estate.

“Certainly, if I were sitting in a prosecutor’s office, I would want to ask a lot more questions,” said Anne Milgram, a former attorney general for New Jersey who is now a professor at New York University School of Law.

Trump has previously been accused of manipulating numbers on his tax and loan documents, including by his former lawyer, Cohen. But Trump’s business is notoriously opaque, with records rarely surfacing, and up till now there’s been little documentary evidence supporting those claims.

That’s one reason that multiple governmental entities, including two congressional committees and the office of the Manhattan district attorney, have subpoenaed Donald Trump’s tax returns. Trump has resisted, taking his battles to federal courts in Washington and New York. And so the question of whether different parts of the government can see the president’s financial information is now playing out in two appeals courts and seems destined to make it to the U.S. Supreme Court. Add to that a Washington Post account of an IRS whistleblower claiming political interference in the handling of the president’s audit, and the result is what amounts to frenetic interest in one person’s tax returns.

ProPublica obtained the property tax documents using New York’s Freedom of Information Law. The documents were public because Trump appealed his property tax bill for the buildings every year for nine years in a row, the extent of the available records. We compared the tax records with loan records that became public when Trump’s lender, Ladder Capital, sold the debt on his properties as part of mortgage-backed securities.

ProPublica reviewed records for four properties: 40 Wall Street, the Trump International Hotel and Tower, 1290 Avenue of the Americas and Trump Tower. Discrepancies involving two of them — 40 Wall Street and the Trump International Hotel and Tower — stood out.

There can be legitimate reasons for numbers to diverge between tax and loan documents, the experts noted, but some of the gaps seemed to have no reasonable justification. “It really feels like there’s two sets of books — it feels like a set of books for the tax guy and a set for the lender,” said Kevin Riordan, a financing expert and real estate professor at Montclair State University who reviewed the records. “It’s hard to argue numbers. That’s black and white.”

The Trump Organization did not respond on the record to detailed questions provided by ProPublica. Robert Pollack, a lawyer whose firm, Marcus & Pollack, handles Trump’s property tax appeal filings with the city, said he was not authorized to discuss the documents. A spokeswoman for Mazars USA, the accounting firm that signed off on the two properties’ expense and income statements, said the firm does not comment on its work for clients. Executives with Trump’s lender, Ladder Capital, declined to be quoted for the story.

In response to ProPublica’s questions about the disparities, Laura Feyer, deputy press secretary for New York Mayor Bill de Blasio, said of the Trump International Hotel and Tower, “The city is looking into this property, and if there has been any underreporting, we will take appropriate action.”

Taxes have long been a third rail for Trump. Long before he famously declined to make his personal returns public, a New York Times investigation concluded, Trump participated in tax schemes that involved “outright fraud,” and that he had formulated “a strategy to undervalue his parents’ real estate holdings by hundreds of millions of dollars on tax returns.” Trump’s former partners in Panama claimed in a lawsuit, which is ongoing, that Trump’s hotel management company failed to pay taxes on millions in fees it received. Spokespeople for Trump and his company have denied any tax improprieties in the past.

In February, Cohen told Congress that Trump had adjusted figures up or down, as necessary, to obtain loans and avoid taxes. “It was my experience that Mr. Trump inflated his total assets when it served his purposes,” Cohen testified, “and deflated his assets to reduce his real estate taxes.”

The two Trump buildings with the most notable discrepancies shared a financial trait: Both were refinanced in 2015 and 2016 while Trump was campaigning for president. The loan for 40 Wall Street — $160 million — was then the Trump Organization’s biggest debt.

The fortunes of 40 Wall Street have risen and fallen repeatedly since it was constructed in 1930. Once briefly in the running to become the world’s tallest skyscraper (before being eclipsed by the Chrysler Building and then others), the 71-story landmark had an illustrious history before falling into disrepair as it changed hands multiple times.

Trump says in his book Never Give Up that he took over 40 Wall Street for $1 million during a down market in 1995. Others have reported the price as $10 million. Trump gave the property his signature treatment, decking out the lobby in Italian marble and bronze and christening it “The Trump Building.” Tenants such as American Express moved in.

But the rent rolls suffered when big-name tenants fled to Midtown in the years after the Sept. 11 attacks. Less blue-chip operations replaced them. In recent years, there were more setbacks. About two years ago, for example, high-end food purveyor Dean & DeLuca canceled plans to locate an 18,500-square-foot emporium on the higher-priced first floor. The space remains empty.

The building at 40 Wall was underperforming, charging below-market rents, according to credit-rating agency Moody’s. Its profits were lagging.

Trump’s company, which has sometimes struggled to obtain credit because of his history of bankruptcies and defaults, turned for relief to a financial institution where Donald Trump had a connection: Ladder Capital, which employs Jack Weisselberg, the son of the Trump Organization’s longtime CFO, Allen Weisselberg. Ladder is a publicly traded commercial real estate investment trust that reports more than $6 billion in assets. In 2015, and still today, Jack Weisselberg was an executive director whose job was to make loans.

Trump and Jack Weisselberg had history together. Jack was at UBS, in its loan origination department, in 2006, when the Swiss bank loaned Trump $7 million for his piece of the Trump International Hotel and Tower. Allen Weisselberg had bought a condo from Trump in one of his buildings for a below-market price of $152,500 in 2000. He deeded it to Jack three years later for about $148,000. Jack sold the unit for more than three times as much in 2006. (Jack Weisselberg declined to comment on Ladder’s loans or his relationship with the Trump Organization.)

Even with a sympathetic lender, the struggles at 40 Wall Street would normally raise questions. Trump’s representatives needed to demonstrate signs of the building’s financial health if they wanted a new loan with a lower interest rate.

They had a compelling piece of data, it seemed. Trump’s team told Ladder that occupancy was rebounding after registering a lackluster 58.9% on Dec. 31, 2012. Since then, Trump representatives reported, the building had signed new tenants. Income from them hadn’t fully been realized yet, largely because of free-rent deals, they said. But after 2015, they predicted, revenues would surge.

“That’s a selling point for people in the business,” said Riordan, who was previously the executive director of the Rutgers Center for Real Estate. Borrowers “want to show tremendous leasing momentum.” The steepness of such a rise in occupancy at the Trump building was unusual, Riordan and other experts said.

Documents submitted to city property tax officials show no such run-up. Trump representatives reported to the tax authorities that the building was already 81% leased in 2012.

“What is bizarre is that you have these tax filings that are totally different,” Riordan said. A gap of at least 10 percentage points between the two occupancy reports persisted for the next two years, before the figures in the tax and loan reports synced in January 2016.

The portrayal of a rapid rise in occupancy, and the explanation that income would soon follow, were critical for the refinancing. Indeed, Ladder’s underwriters were predicting that 40 Wall Street’s profits would more than double after 2015. Having reviewed Trump’s financial statements and rent roll, they estimated the building would clear $22.6 million a year in net operating income.

Ladder needed credit ratings agencies like Moody’s and Fitch to endorse its income expectations and give the loan a favorable rating, which would in turn make it easier for the next step of the plan: to package the loan as part of a bond, a so-called commercial mortgage-backed security, and sell it to investors. Without the expected rise in income, Riordan said, the loan size or terms would likely have needed to be renegotiated to satisfy the ratings agencies and investors, which would mean less favorable terms for Trump and Ladder. “There was a story crafted here,” Riordan said. “It’s contradicted by what we see in the tax filings.”

Wallace, the University of California professor, added: “Especially in underwriting loans, you are supposed to truthfully report.” Both the lender and the borrower are required to supply accurate information, she said.

Moody’s and Fitch analysts found the underwriter’s projections slightly too rosy, but Fitch conferred an investment-grade rating on the loan, allowing it to proceed as planned. Trump ultimately received a 10-year loan with a lower interest rate than the building previously had as well as terms that would allow him to defer paying off much of the principal until the end of the loan.

Once granted, the loan to 40 Wall Street ran into trouble: The year after it went through, the loan servicer put it on a “watch list” because of concerns that the building wasn’t making sufficient profit to pay the debt service with enough of a margin. It stayed on the list for three months. (Trump’s company has continued making payments.)

As of 2018, the most recent year available, the building had never met the underwriters’ profit expectations, trailing by more than 8%, according to data from commercial real estate research service Trepp. Experts say that, given the amount of research underwriters do, a property typically meets their expectations fairly quickly.

The 40 Wall Street documents contain discrepancies related to costs as well as to occupancy. Generally, there are “more opportunities to play games on the expense side,” said Ron Shapiro, an assistant professor at Rutgers Business School and a former bank senior vice president, “particularly because there are many more kinds of expenses.”

Comparing specific expense items in both sets of records is challenging, because accountants may group categories differently in reports to tax and loan officials. But some differences on 40 Wall Street documents elicit head-scratching.

For example, insurance costs in 2017 were listed as $744,521 in tax documents and $457,414 in loan records.

Then there was the underlying lease. Trump technically doesn’t own 40 Wall Street. He pays the wealthy German family that owns the property for the right to rent the building to tenants. In 2015, both Trump’s report to tax authorities and a key loan disclosure document asserted that Trump’s company paid $1.65 million for these rights that year. But a line-by-line income and expense statement, which Trepp gathered from what the company reported to the loan servicer, reported the company paid about $1.24 million that year.

“I don’t know why that would be off,” said Jason Hoffman, who is chair of the real estate committee for a professional association of certified public accountants in New York state. Like other experts, he said there are legitimate reasons why tax and loan filings might not line up perfectly. But Hoffman said the firm where he works makes sure the numbers match when it prepares both tax and loan documents for a client — or that it can explain why if they don’t.

Financial information for the Trump International Hotel and Tower raises similar questions. Trump owns only a small portion of the building, which is located on Columbus Circle: two commercial spaces, which he rents out to a restaurant and a parking garage. Trump’s company told New York City tax officials it made about $822,000 renting space to commercial tenants there in 2017, records show. The company told loan officials it took in $1.67 million that year — more than twice as much. In eight years of data ProPublica examined for the Columbus Circle property, Trump’s company reported gross income to tax authorities that was typically only about 81% of what it reported to the lender.

Trump appeared to omit from tax documents income his company received from leasing space on the roof for television antennas, a ProPublica review found. The line on tax appeal forms for income from such communications equipment is blank on nine years of tax filings, even as loan documents listed the antennas as major sources of income.

Trump has an easement to lease the roof space; he doesn’t own it. But three tax experts, including Melanie Brock, an appraiser and paralegal who has worked on hundreds of New York City tax cases, told ProPublica that the income should still be reported on the tax appeals forms.

It’s hard to guess what might explain every inconsistency, said David Wilkes, a New York City tax lawyer who is chair of the National Association of Property Tax Attorneys. But, he added, “My gut reaction is it seems like there’s something amiss there.”

Tax records for Trump personally and for his business continue to be subjects of contention in multiple investigations. The Justice Department has intervened in the investigation by the Manhattan district attorney, whose office has sought Trump’s personal tax returns. Congressional lawmakers investigating his business dealings have sought documents from his longtime accountant, Donald Bender, a partner at Mazars. Trump is fighting the subpoenas in court. (Bender did not respond to requests for comment.)

Rep. Elijah Cummings, D-Md., chairman of the House Oversight Committee, has said the committee is seeking to determine if Cohen’s testimony about Trump inflating and deflating his assets was accurate. Cummings asked for Mazars’ records related to Trump entities, as well as communications between Bender and Trump or Trump employees since 2009.

Such communications, the subpoena stated, should include any related to potential concerns that information Trump or his representatives provided his accountants was “incomplete, inaccurate, or otherwise unsatisfactory.”

IMAGE:  Donald Trump waves to supporters outside the front door of Trump Tower in New York, October 8, 2016. REUTERS/Mike Segar