How to Escape the Law

(It helps to be a judge)

Upon her retirement in 2019, Judge Maryanne Trump Barry acquired immunity from any illegal activities in which she is alleged to have participated regarding taxes and other financial transactions connected with the wealth she inheritated from her father, Fred Trump.  Judge Barry is the sister of President Donald J. Trump, who himself is being investigated for similar charges of tax fraud.



Retiring as a Judge, Trumpís Sister Ends Court Inquiry Into Her Role in Tax Dodges
 
Russ Buettner and Susanne Craig
 
April 10, 2019
 

President Trumpís older sister, Maryanne Trump Barry, has retired as a federal appellate judge, ending an investigation into whether she violated judicial conduct rules by participating in fraudulent tax schemes with her siblings.

The court inquiry stemmed from complaints filed last October, after an investigation by The New York Times found that the Trumps had engaged in dubious tax schemes during the 1990s, including instances of outright fraud, that greatly increased the inherited wealth of Mr. Trump and his siblings. Judge Barry not only benefited financially from most of those tax schemes, The Times found; she was also in a position to influence the actions taken by her family.

Judge Barry, now 82, has not heard cases in more than two years but was still listed as an inactive senior judge, one step short of full retirement. In a letter dated Feb. 1, a court official notified the four individuals who had filed the complaints that the investigation was "receiving the full attention" of a judicial conduct council. Ten days later, Judge Barry filed her retirement papers.

The status change rendered the investigation moot, since retired judges are not subject to the conduct rules. The people who filed the complaints were notified last week that the matter had been dropped without a finding on the merits of the allegations. The decision has not yet been made public, but copies were provided to The Times by two of the complainants. Both are involved in the legal profession.

Judge Barry did not respond to emails or telephone messages left at her Manhattan apartment.

Judicial council reviews can result in the censure or reprimand of federal judges, and in extremely rare cases, a referral to the House of Representatives for impeachment.

In retirement, Judge Barry is entitled to receive annually the salary she earned when she last met certain workload requirements. Though the exact figure was not immediately available, it appears to be between $184,500 and $217,600.

The Times investigation focused on how the profits and ownership of the real estate empire built by the presidentís father, Fred C. Trump, were transferred to Donald J. Trump and his siblings, often in ways designed to dodge gift and estate taxes.

A lawyer for the president, Charles J. Harder, said last fall, "The New York Timesís allegations of fraud and tax evasion are 100 percent false, and highly defamatory.Ē

Judge Barry had been a co-owner of a shell company ó All County Building Supply & Maintenance ó created by the family to siphon cash from their fatherís empire by marking up purchases already made by his employees, The Times investigation found. Judge Barry, her siblings and a cousin split the markup, free of gift and estate taxes, which at the time were levied at a much higher rate than income taxes.


How the Trumps Held On to Generational Wealth

By the end of 1997, Donald Trump and his siblings owned nearly all of Fred Trumpís empire, free and clear of estate taxes.  How did they do it?  A special type of trust with a clunky acronym: GRAT, short for grantor-retained annuity trust . It is one of the tax codeís great gifts to the ultrawealthy.


On a financial disclosure form filed in 1999, Judge Barry noted that her share of the All County profits for the previous 17 months totaled just over $1 million.

The family also used the padded invoices to justify higher rent increases in rent-regulated buildings, artificially inflating the rents of thousands of tenants. Former prosecutors told The Times that if the authorities had discovered at the time how the Trumps were using All County, their actions would have warranted a criminal investigation for defrauding tenants, tax fraud and filing false documents.

Similarly, Judge Barry benefited from the gross undervaluation of her fatherís properties when she and her siblings took ownership of them through a trust, sparing them from paying tens of millions of dollars in taxes, The Times found. For years, she attended regular briefings at her brotherís offices in Trump Tower to hear updates on the real estate portfolio and to collect her share of the profits. When the siblings sold off their fatherís empire, between 2004 and 2006, her share of the windfall was $182.5 million, The Times found.

Judge Barry was nominated to the Federal District Court in New Jersey by President Ronald Reagan in 1983, after several years as a federal prosecutor. She was elevated to the United States Court of Appeals for the Third Circuit by President Bill Clinton in 1999.

In February 2017, shortly after her brotherís inauguration, she notified the court that she would stop hearing cases and give up her staff and chambers. She was then considered a senior inactive judge, a status that did not entitle her to salary increases, but that left her still subject to conduct inquiries. Judge Barry did not announce a reason for the change at the time.

Following confidentiality requirements, Judge Barryís name does not appear on the order ending the investigation or the correspondence with the complainants. The order identifies the judge in question as a senior inactive judge, about whom complaints were filed in October 2018. Under court rules, all complaints are reviewed by a judge, and those with an allegation of misconduct or disability are generally referred to a panel of judges for investigation.

"The complaints allege, on the basis of a news article, that the then-inactive senior circuit judge may have committed misconduct relating to tax and financial transactions," says the order, dated April 1.

The complaints had been transferred to the Second Circuit to avoid conflicts with judges who knew Judge Barry.

Scott Shuchart, a lawyer who filed one of the complaints, said he had done so as a concerned member of the legal profession. He said he found it "galling" that Judge Barry, while still receiving her federal pension, was now immune from judicial misconduct proceedings "just because she changed from one form of retired status to another."

In an opinion article last October for The Washington Post, Mr. Shuchart wrote that he had quit his job at the Department of Homeland Security, where he had served since the Obama administration, because he believed that the Trump administrationís family-separation policy at the southern border was unconstitutional.

Around that time, Mr. Shuchart joined the Center for American Progress, a left-leaning public policy and advocacy group, as a senior fellow focused on immigration issues. But, he said, he filed the complaint against Judge Barry on his own, independent of any organized effort.

Copyright 2019, The New York Times Company


From: Russ Buettner and Susanne Craig, "Retiring as a Judge, Trumpís Sister Ends Court Inquiry Into Her Role in Tax Dodges," The New York Times, April 10, 2019, https://www.nytimes.com/2019/04/10/us/maryanne-trump-barry-misconduct-inquiry.html, accessed 10/13/2019.  Reprinted in accordance with the "fair use" provision of Title 17 U.S.C. § 107 for a non-profit educational purpose.

Additional Reading


FIXING THE JUDICIARY

ALTERNATIVE JUDICIAL FIXES

DEFENDING BLOGGERS' RIGHTS

IMPEACHABLE OFFENSES

THE LOCAL PRESS RESPONDS

JUDICIAL INSPECTOR GENERAL

EROSION OF FIRST AMENDMENT RIGHTS



ESCAPING JUDICIAL ACCOUNTABILITY

DOCTRINE OF JUDICIAL ENTITLEMENT

JUDICIAL IMMUNITY

RULES FOR IMPEACHING A JUDGE

CENSURE JUDGE BERRIGAN

THE END OF JUSTICE

MYTH OF JUDICIAL IMPARTIALITY