Mark Pomerantz, 70, suddenly resigned last month from dealing with the criminal investigations into former United States President Donald Trump and his business dealings, and now Pomerantz is saying how he believes Trump was guilty of numerous felony violations but will not be held accountable.
In late 2021, then-District Attorney Cyrus Vance called for a review of the facts and laws relating to Trumps financial statements. Prosecutors in Manhattan were meant to investigate as part of their years-long probe on whether or not the former President lied to his accountants about the information given to them by the Trump Organization, misrepresenting his finances to lenders and investors.
While Trump himself may not have personally prepared the information and data the reported documents were still given under his review and approval.
Donald J. Trump is responsible for the preparation and fair presentation of the financial statement in accordance with accounting principles generally accepted in the United States of America, his accountants wrote in a cover letter attached to the financial statements in 2011 and 2012, according to a Times report.
Pomerantz, who is one of the two former prosecutors in charge of the Manhattan district attorneys criminal investigation said in his resignation letter how a grave failure of justice will be committed.
The prosecutors were looking to determine if the financial statements were exaggerations and would have been used to intentionally mislead Trumps accountants and lenders.
I believe that Donald Trump is guilty of numerous felony violations of the Penal Law in connection with the preparation and use of his annual Statements of Financial Condition, Pomerantz wrote. His financial statements were false, and he has a long history of fabricating information relating to his personal finances and lying about his assets to banks, the national media, counterparties and many others, including the American people. The team that has been investigating Mr. Trump harbors no doubt about whether he committed crimes he did.
Pomerantz was tasked with running the investigation on a day-to-day basis under former District Attorney Cyrus Vance Jr.
With his fellow prosecutor Carey Dune, Pomerantz had planned to charge Trump with falsifying business records relating to annual financial statements. Investigators worked to determine if Trump and the Trump Organization falsely minimized asset values to obtain a more favorable loan rate by using fake estimates. That would constitute a felony within the State of New York.
Dune and Pomerantz stopped their charge after doubts were raised around the case, which Pomerantz called in his letter contrary to the public interest.
Current DA Alvin Bragg, who was sworn into office January 1 and had asked Pomerantz to stay in office, paused the case because he wasnt convinced that Trump inflated his assets to gain more favorable loans purposefully.
In my view, the public interest warrants the criminal prosecution of Mr. Trump, and such a persecution should be brought without any further delay, Pomerantz wrote.
Pomerantz added in his letter that Trump lied to banks and other parties that were privy to the financial statements, committing numerous felony violations through his practice of filing Statements of Financial Condition.
Trump Organization spokeswoman Kimberly Benza called Pomerantz a never-Trumper with zero credibility who came out of retirement to take a non-paying job in the District Attorneys Office for the sole purpose of getting Donald Trump.
However, on February 21, Trumps long-time accountants announced they no longer would stand behind a decade of the Former Presidents financial information. The accounting firm, the Mazars, also announced that they would not be working for him any longer.
We have come to this conclusion based, in part, upon the filings made by the New York Attorney General on January 18, 2022, our own investigation, and information received from internal and external sources, Mazars wrote in a letter to the Trump Organizations Chief Legal Officer.
Trumps attorney Ron Fischetti, who is Pomerantzs former law partner, said that he thinks Pomerantz left angry over Braggs reluctance to go forward with the case.
Pomerantz said that Bragg was still seeking additional evidence but that there was already enough over the past two years of inquiry.
No events are likely to occur that will alter the nature of the case or dramatically change the quality or quantity of the evidence available to the prosecution, Pomerantz wrote.
To Pomerantz, there is evidence for a viable criminal case against Trump, calling Trumps guilt beyond a responsible doubt and that prosecution would prevail if charges were brought and the matter were tried to an impartial jury. Though he does admit that no case is perfect.
I believe that your decision not to prosecute Donald Trump now, and on the existing record, is misguided and completely contrary to the public interest, Pomerantz wrote. I have worked too hard as a lawyer, and for too long, now to become a passive participant in what I believe to be a grave failure of justice.
