Pretty much what the title says. I know he’s a former president and has all of his supporters, but what’s the official reason? Thanks.

  • Jaysyn@kbin.social
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    8 months ago

    People keep asking this. I guess it’s the new spin the Trump fascists are trying to work.

    Why New York state is suing Trump instead of charging him with crimes

    James seems to be taking this approach, as opposed to a criminal indictment, because New York law empowers the AG to seek damages caused by fraudulent business behavior as a form of consumer protection. The law doesn’t require the AG to identify a victim or even demonstrate anybody suffered harm. Plus, the burden of proof is lower in civil cases than in criminal ones.

    “What makes this statute particularly powerful is that there doesn’t have to be a loss,” Will Thomas, a law professor at the University of Michigan’s Ross School of Business, told Yahoo Finance. “This statute has been used to disgorge profits illegally gained. The government can be allowed to claw back all of those profits. Provable nature is lower, and you don’t have to prove intent or willfulness.”

    A civil suit also prevents James from bumping into the criminal case against Trump’s company that the Manhattan district attorney is prosecuting. Those two offices sometimes work together on criminal cases, as they’re doing on the recent indictment of former Trump adviser Steve Bannon. With regard to Trump, however, they seem to be pursuing complementary approaches instead of overlapping ones.

    So the answer is: it’s easier to win, it’s easier to punish Trump & they can still file criminal charges after a successful civil case if more crimes are uncovered.

  • Chef@sh.itjust.works
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    8 months ago

    I understand what you’re saying but the logic is a little flawed.

    Yes, they both committed fraud.

    SBF defrauded the crypto community, his investors, and FTX users.

    Trump defrauded lenders, property insurers, and various tax authorities (and via that tax fraud, the taxpayers of NY and possibly the USA.)

    SBF was charged criminally and found guilty. I assure you, the civil cases are coming against SBF. And the plaintiffs will most likely win those civil cases.

    Trump was charged civilly and found guilty. I assure you, the criminal cases are coming against Trump. And the plaintiffs will most likely lose those criminal cases.

    That’s the true difference.

    • Skullgrid@lemmy.world
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      8 months ago

      I assure you, the criminal cases are coming against Trump

      Fucking when, after he becomes president again and pardons himself, or after he croaks from obesity and dementia?

        • Subverb@lemmy.world
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          8 months ago

          After all you’ve seen Trump get away with I can’t believe that you still somehow think this little detail will matter. SCOTUS will create an exemption of some kind for him.

          “White male Presidents over the age of 75 that wear predominantly red ties can pardon themselves at both the federal and state level.”

        • BradleyUffner@lemmy.world
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          8 months ago

          He’s not supposed to be able to do a lot of the shit he’s getting away with. At this point I fully expect him to try to pardon himself, NY will say he can’t do that, it’ll go to the SC, who will say that he can.

        • CosmicTurtle@lemmy.world
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          8 months ago

          As much as I’d like to believe that SCOTUS will honor separation between state and federal, I simply do not trust our current justices. I fully expect them to say, “Nah…it’s totes cool for Trump, and only Trump, to commit crimes.”

          • lolcatnip@reddthat.com
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            8 months ago

            At some point people are just gonna start ignoring the SC completely. I can’t find any polls specifically about legitimacy per se, but confidence in the court is already very low, and even Republicans aren’t all that happy with it.

        • katy ✨@lemmy.blahaj.zone
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          8 months ago

          technically he can but it would bring about a legitimate constitutional crisis if republicans look the other way since it would be the first time he openly acted against the constitution and received no push back for it.

    • KevonLooney@lemm.ee
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      8 months ago

      the criminal cases are coming against Trump. And the plaintiffs will most likely lose those criminal cases.

      Bank fraud seems relatively easy to charge him with. If you knowingly provide false info on a bank document, it’s a federal crime. His signature on each loan application was a crime.

      You can’t tell the State of NY your building is worth $1 and tell the bank it’s worth $3. These banks literally had a procedure for dealing with his constant lies on bank documents. Large banks are federally regulated and it’s a federal crime to lie to them on your loan application.

  • katy ✨@lemmy.blahaj.zone
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    8 months ago

    they’re both terrible people who deserve everything they get but sbf didn’t nominate judges to the court who can rule in his favour.

    • Gristle@lemmy.world
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      8 months ago

      Sam didn’t spring for the ad-free tier and now has to have his time wasted?

  • itsgroundhogdayagain@lemmy.ml
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    8 months ago

    Trump defrauded the state/city/taxpayers while Bankman defrauded rich investors. Also, the aforementioned civil vs criminal cases.

    • Not_mikey@slrpnk.net
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      8 months ago

      Trump defrauded rich investors as well, one of the big cases against him right now is about him using a Forbes article to lie about his net worth to get loans.

  • Adderbox76@lemmy.ca
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    8 months ago

    It’s not federal vs state

    It’s protected vs sacrificial lamb.

    The powerful avoid the mobs by occasionally giving up one of their own to the horde.

      • MutilationWave@lemmy.world
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        8 months ago

        Just because the powerful enjoy breaking laws with impunity doesn’t mean occasionally people won’t try to hold them to account.

        In Trump’s case even powerful wealthy people think he went too far, and some of them are terrified of the consequences of a second term.

  • HopeOfTheGunblade@kbin.social
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    8 months ago

    Civil vs Criminal. Trump got a disgorgement, it’s not a fine. He’s been ordered to pay back his ill-gotten gains, that’s not the same thing as a fine. Anyhow, a civil case can’t end in jail time. That’s not how civil cases work.

    • Jaysyn@kbin.social
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      8 months ago

      A civil case can end with a criminal indictment however, which is certainly coming at this point.

      See my other post in this thread for why it was done this way.

  • lemmyseizethemeans@lemmygrad.ml
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    8 months ago

    Oh my sweet summer child

    The law does not exist

    There is a genocide in Gaza that the entire world said stop with a 'non binding resolution ’

    The law

    Does not

    Exist. (Unless you’re poor lol)

  • Omega_Haxors@lemmy.ml
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    8 months ago

    SBF was a poor who got money through a fluke. Trump was born a rich and therefore the system is set up to protect him. Poors are not allowed to become riches unless they got it from exploiting the poors. Steal from the rich: that’s theft. When you steal from the poor: capitalism.

  • forgotmylastusername@lemmy.ml
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    8 months ago

    A president in jail would be disastrous for the reputation of America as a country. That’s been my theory as to why he will never face any real consequence. It seems like an elephant in the room. One that probably doesn’t even split neatly down partisanship.

    • Liz@midwest.social
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      8 months ago

      In my opinion, not prosecuting a blatant criminal is a much worse look for the country. You can’t undo the past, but you can bring him to justice.

    • asim0v@lemmy.world
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      8 months ago

      Not prosecuting a ex-President for literally trying to both violently and by subterfuge overturn a lawful, democratic election while in office by a position that is literally sworn to preserve, protect, and defend the Constitution would officially make America a joke.

      Other democracies can uphold their own laws even when the highest official of the land violates their oath of office. If we do not, the idea of America as a democracy is officially dead.

  • IvanOverdrive@lemm.ee
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    8 months ago

    It’s a matter of privilege. Trump had the opportunity to stack the courts in his favor. SBF didn’t. The rich rally around Trump because they see him as one of their own. SBF was an interloper. Trump has a rabid fan base willing to commit violence in his name. SBF cloaked himself in effective altruism.

    If they both don’t rot in jail, then the myth of the social contract in the US will be torn to shreds. I fear what would happen after that.

  • PowerCrazy@lemmy.ml
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    8 months ago

    Well the legal system doesn’t exist on paper. Laws are not what the legal system operates on. Allegedly, breaking a law is what allows, but doesn’t require, the legal system to be involved at all.

    So to answer your question, Sam Bankman is a nobody, that no one likes, and caused a very public number of people to lose a lot of money. His case is a slam-dunk, and has no further implications. Trump is a former president who did exactly the same shit that every other former president has done since Washington. So prosecuting him for his crimes now means that the power brokers of the US empire are now potentially open to prosecution. So of course the two aren’t going to be comparable.

    So there is no “official reason” because officially the judicial system is based on individual discretion.

    • MutilationWave@lemmy.world
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      8 months ago

      I was with you until

      “Trump is a former president who did exactly the same shit that every other former president has done since Washington.”

      Every president since Washington has misused campaign funds to pay for silence on an affair, stolen top secret documents, conducted business fraudulently, and plotted multiple attempts to subvert an election?

      I must be missing something. If you take that line out I agree with the rest of your comment.

    • Professorozone@lemmy.worldOP
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      8 months ago

      Yeah but that was what I was asking. They both committed fraud. I realize the nature of the fraud was different but was wondering why one was criminal and the other not. They seem to have jumped on Fried pretty quickly and gave him a high penalty. It seems pretty obvious that Trump is a former president of but he’s being prosecuted for other criminal charges so it seemed to me there must have been some crucial difference the two, other than their standing.