In a twitter thread The Scotsman investigative reporter Martyn McLaughlin talks about the Scottish Parliament discussion of Donald Trump suspicious financing of his Scottish properties and the source of his money.
Thread: there’s been interesting discussion in the Scottish Parliament this afternoon about the use of Unexplained Wealth Orders to investigate Donald Trump’s deals to acquire his Scottish properties and ascertain the sources of the financing 1/
— Martyn McLaughlin (@MartynMcL) November 12, 2020
.@patrickharvie said there is a need to “protect Scotland’s good name from association with the toxic Trump brand” and highlighted “serious and long-standing concerns about Trump’s business activities,” both in Scotland and further afield 2/
— Martyn McLaughlin (@MartynMcL) November 12, 2020
Those concerns, he said, include evidence to Congress citing patterns of buying and selling thought suggestive of money laundering, and which drew particular attention to the golf courses in Scotland and Ireland. 3/
— Martyn McLaughlin (@MartynMcL) November 12, 2020
“The cause for concern is still growing,” Mr Harvie told the parliament. “It’s now reported that the Manhattan District Attorney’s office is investigating the Trump Organisation’s inflation of assets, and potential bank and insurance fraud.” 4/
— Martyn McLaughlin (@MartynMcL) November 12, 2020
He added: “The Trump Organisation has been accused of repeatedly reporting fraudulent financial details to the US Office of Government Ethics, while reporting a different set of figures to the UK regulators in respect of the Trump golf courses here in Scotland.” 5/
— Martyn McLaughlin (@MartynMcL) November 12, 2020
Turning to the issue of UWOs – he stressed that the Scottish Government is able to go to court and ask for an order so that it can “start getting answers,” but said that so far, the government has refused to either confirm or deny that an investigation is underway. 6/
— Martyn McLaughlin (@MartynMcL) November 12, 2020
He added: “Now that Trump is set to lose immunity from prosecution in the US, he may finally be held to account there. Isn’t it time that he’s also held to account here? Isn’t it time for answers from the Trump Organisation and for the Scottish Government to go to court?” 7/
— Martyn McLaughlin (@MartynMcL) November 12, 2020
Replying, First Minister @NicolaSturgeon said the decision on whether to pursue a UWO against Trump is one for prosecutors, not politicians – specifically, the Crown Office, which she said operated in a “right and proper” independent capacity from government ministers. 8/
— Martyn McLaughlin (@MartynMcL) November 12, 2020
She added: “I think everybody is prob well aware of my views about the soon to be former president, and my views are probably no different to … many people across Scotland. The idea that I’d somehow try to protect him from due accountability I don’t think holds much water.” 9/
— Martyn McLaughlin (@MartynMcL) November 12, 2020
For what it’s worth, my understanding of the UWO process is that it’s the Scottish Government that can decide to go to court, under section 396A of the Proceeds of Crime Act 2002. The legislation doesn’t seem to leave much room for ambiguity: https://t.co/DKGaZCbhGu ends/
— Martyn McLaughlin (@MartynMcL) November 12, 2020
Scottish Greens UWO statement: “We can’t continue to turn a blind eye to red flags that surround [Trump’s] biz activities in Scotland, sending a signal to not just Trump himself but those who may be lured by our relaxed approach towards investigating possible financial crimes”
— Martyn McLaughlin (@MartynMcL) November 12, 2020
From the original article in The Scotsman by Mr. Mclaughlin:
An UWO is a relatively new – and rarely used – power which has been designed to target suspected corrupt foreign officials who have potentially laundered stolen money through the UK.
The mechanism, introduced in 2018, is an attempt to force the owners of assets to disclose their wealth. If a suspected corrupt foreign official, or their family, cannot show a legitimate source for their riches, then authorities can apply to a court to seize the property.
Mr Trump and the Trump Organisation have always stressed that they did not require any outside financing for their Scottish resorts.
George Sorial, the Trump Organisation’s former chief compliance counsel, told The Scotsman in 2008 that it had £1bn “sitting in the bank and ready to go” for its inaugural Scottish course, located in Aberdeenshire.
Scotland on Sunday later revealed how the same year, Mr Trump asked the Bank of Scotland for a 15 year mortgage worth £23m, and a £15m construction loan, as part of his efforts to establish a “landmark” hotel at St Andrews in Fife, the home of golf. The bank refused, and Mr Trump’s plans were never realised.[..]
It is not the first time there have been calls for an UWO in connection to Mr Trump’s Scottish interests.
Avaaz, the non-profit global activism organisation, has urged Scottish ministers to apply for such an order. [..]
In its 2019 briefing, Avaaz set out what it described as “enough reasonable suspicion as to the nature of Mr Trump’s cash payments for the Turnberry golf resort to justify Scottish ministers’ application for a UWO to investigate the matter.”
It went on: “It is Mr Trump’s own actions that prompt legitimate questions about his income which, if left unanswered, would call into doubt the Scottish Government’s determination to confront the spectre of money laundering.”
Mr Trump acquired the historic Turnberry resort – a four-time host of golf’s Open championship – from Dubai-based Leisurecorp in April 2014 for £35m.
It has yet to turn a profit under his ownership, and the most recent accounts filed with Companies House show it is reliant on loans of £114.9m to its parent undertaking, the Donald J Trump Revocable Trust, a New York-based state grantor trust.
There have been questions surrounding the finances underpinning Mr Trump’s acquisition of land and property in Scotland for years.
In November 2017, Glenn Simpson, the co-founder of Fusion GPS, told the US Congress he found Mr Trump’s golf courses in Scotland and Ireland to be “concerning.” [..]
The Criminal Finances Act sets out a series of requirements which must be met before an UWO can be granted.
They include satisfying the court that a respondent’s” lawfully obtained income would have been insufficient for the purposes of enabling the respondent to obtain the property,” that the respondent is a “politically exposed person,” or that there are reasonable grounds for suspecting that they, or a person connected with them, have been involved in serious crime.>