Exclusive: Court action seeks probe of Trump’s Scottish golf course buys
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[May 24, 2021]
By Jason Szep and Tom Bergin
(Reuters) - The Scottish government is
facing a new legal challenge over its February rejection of a motion to
investigate former U.S. President Donald Trump's all-cash purchases of
two golf courses, reviving an effort to force Trump to disclose how he
financed the deals.
Avaaz, a global human rights group, filed a petition in Scotland’s
highest court seeking a judicial review of the Scottish Parliament's
89-to-32 vote against issuing an "unexplained wealth order" to Trump’s
business. The proposed order sought details on the source of the money
the Trump Organization used to buy the courses in 2006 and 2014.
The petition, which has not been previously reported, was served on
Scotland's government on Monday. It was filed with the court late on
Thursday.
Trump, after decades of buying properties with debt, spent more than
$300 million in cash purchasing and developing the Scottish courses,
neither of which has turned a profit. Some Scottish politicians have
cited mounting investigations into Trump’s U.S. financial interests as
grounds to scrutinize his business dealings in Britain.
The British government introduced unexplained wealth orders in 2018 to
help authorities fight money laundering and target the illicit wealth of
foreign officials. The orders do not trigger a criminal proceeding. But
if the Trump Organization couldn’t satisfy the court that the money was
clean, the government, in theory, could seize the properties.
The 13-page petition filed by Avaaz alleges that the politicians who
voted against the motion did so based on a flawed legal interpretation.
On Feb. 3, the Scottish Parliament rejected the motion seeking the
order, which had been introduced by the Scottish Greens party. Before
the vote, Humza Yousaf - the justice minister and a member of the ruling
Scottish National Party - called Trump “deplorable” but argued that
unexplained wealth orders should be instigated by law enforcement
officials rather than politicians. “There must not be political
interference in the enforcement of the law," Yousaf said.
Yousaf said that the Civil Recovery Unit - an enforcement authority
reporting to Scotland's most senior legal officer, the Lord Advocate -
should “undertake the investigatory role.”
Avaaz challenges that reasoning in its court action, which asks the
Court of Session in Edinburgh to rule that Scotland’s ministers have
sole responsibility to determine whether to apply for an unexplained
wealth order and cannot delegate that responsibility to other people or
institutions.
It also argued that the legal standard for issuing the wealth order
against Trump had been met and that Scotland's leaders had failed to
perform their duty. If the court sides with Avaaz, the government would
need to make a decision. The ministers could, in theory, decide to
pursue the wealth order against Trump. Or they could find a new argument
for rejecting it but that may open them up to further litigation.
A spokesman for Trump did not respond to a request for comment. His son,
Eric Trump - a director of the Scottish golf courses - said in February
that Scottish politicians who supported the unexplained wealth order
were “advancing their personal agendas” and that the Trump Organization
had “made an overwhelming contribution to the leisure and tourism
industry.”
CALL TO ‘TAKE ACTION’
Avaaz lawyers and opposition politicians - including members of the
Greens, Labor and Liberal Democrat parties - have criticized the
majority’s interpretation of the law governing unexplained wealth
orders.
“It raises eyebrows as to why Ministers are not availing themselves of
this ability to put questions to the Trump Organization,” said Nick
Flynn, legal director at Avaaz, a nonprofit that has pressed for the
Scottish probe since 2019 as part of its global push for investigations
into Trump. “If Trump can't explain the source of the money, then the
Scottish government has the responsibility to take action."
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U.S. property magnate Donald Trump practices his swing at the 13th
tee of his new Trump International Golf Links course on the Menie
Estate near Aberdeen, Scotland, Britain June 20, 2011. REUTERS/David
Moir
In 2006, Trump bought 1,000 acres in Aberdeenshire
for more than $10 million. Since then, he’s spent another $60
million building a golf course, a small hotel and a handful of
holiday cottages, according to company filings with the UK corporate
registry. The Trump Organization has said in public statements and
filings that it has spent a total of more than $140 million on the
development.
Trump, an avid golfer whose mother was Scottish, made
a bigger investment in Turnberry, a seaside course that has four
times hosted The Open - Europe's only golf major. In 2014, he bought
Turnberry’s course and resort for $60 million. Company filings in
the UK show that Trump’s company spent another $100 million on
course upgrades and other expenses.
In addition to the Turnberry and Aberdeenshire courses, Trump
purchased five other golf properties outside Scotland in all-cash
deals. In 2016, Trump told Reuters that the operating losses at his
courses didn’t matter because his “big play” was developing real
estate at the properties.
But Trump appears to have made little progress in executing that
play, according to a Reuters examination
https://www.reuters.com/
investigates/special-report/trump-golf
of satellite imagery and U.S. and European property filings. The
report, published last year, showed that the Trump Organization
hasn’t built a single home over the past decade at any of the 11
golf properties the business owns outright, according to land
records and the president’s financial disclosures.
DISPUTED QUOTE ABOUT RUSSIAN MONEY
Patrick Harvie, leader of the Greens, has expressed concerns in
Scottish Parliament over how the courses were funded. “Big questions
remain over Trump’s business dealings in Scotland,” he said in
February 2020. The purchase of the two courses, he said, "were part
of Trump’s huge cash spending spree in the midst of a global
financial crisis, while his son was bragging about money pouring in
from Russia.”
Harvie was referring to a comment attributed to Eric Trump by
veteran golf writer James Dodson, who relayed a conversation with
Trump’s son in a 2017 interview with National Public Radio. Dodson
said Eric Trump told him the courses were financed with money from
Russia.
Eric Trump has denied making the comment about Russian money to
Dodson and called Harvie's comments in Scottish Parliament false.
Donald Trump has denied that he used any money from Russian sources
to buy the Scottish golf courses.
Reuters interviewed Dodson, a Golf Magazine columnist and the
biographer of golf legend Arnold Palmer. He said Eric Trump made the
remark about Russian money while the two were talking at Donald
Trump's golf club in Charlotte, North Carolina, in August 2013.
Dodson said the golf industry was going through financial
difficulties when Trump purchased a number of clubs and that banks
were reluctant to provide loans for golf course investments.
“It was really a simple question,” Dodson said. “I said: ‘How are
you funding all these acquisitions?’ He said: ‘We don't rely on
American banks. We get all the money we need from foreign
investors’. And I remember asking if he meant the Chinese. And he
said, ‘No, we get all the money we need to get right out of
Russia’."
A spokeswoman for the Trump Organization said Dodson’s recollection
was incorrect.
(Reporting by Jason Szep and Tom Bergin; editing by Brian Thevenot)
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