New York AG Letitia James targeted by criminal referral over alleged fraud

• Legal experts say New York Attorney General Letitia James could face legal and political consequences for declaring a Virginia home her primary residence. The declaration, made in August 2023, came two months before she filed a civil fraud case against Donald Trump in New York.
• New York law requires the attorney general to live in the state; changing her residency could disqualify her from office.
• A criminal referral to the Trump-led Department of Justice raises concerns about possible mortgage and tax fraud.

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A legal filing signed by New York Attorney General Letitia James in August 2023 declared her intent to make a property in Norfolk, Virginia, her principal residence. The declaration came roughly two months before she filed a civil fraud case against Donald Trump and the Trump Organization in New York.

James and her relative, Shamice Thompson-Hairston, co-own the 1,450-square-foot home they purchased for $240,000. A power of attorney gave Thompson-Hairston the authority to act on James’ behalf. A land record requires the owners to occupy the Virginia home as their principal residence within 60 days and for at least one year.

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Could the home impact James’ ability to be AG?

New York law requires the attorney general to reside within the state. Legal experts told Newsweek that if James changed her primary residence to Virginia, it could jeopardize her eligibility. Former federal prosecutor Neama Rahmani cited a state statute that considers an office vacant if an officeholder moves out of jurisdiction. He pointed to similar removals in the past, including a Los Angeles ethics commissioner who didn’t live in their district.

What are the other allegations?

Rahmani also raised concerns the declaration could trigger mortgage or tax fraud allegations. Primary residences often receive lower mortgage rates and favorable tax terms. Declaring a Virginia home as a primary residence might reduce costs compared to owning property in New York. If inaccurate, the claim could violate federal laws, Rahmani said.

Has the Trump administration responded?

A criminal referral has reportedly been sent to the Department of Justice under the Trump administration. Fox News and other outlets highlighted the issue during the week of April 13.

James has long been a political target of Trump, especially after her successful civil fraud suit that led to a $454 million judgment against him. Trump responded on Truth Social, calling her “a totally corrupt politician” and demanding her resignation. James’ office and the DOJ have not commented.

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Possible consequences?

New York attorney Nicole Brenecki said the matter likely won’t affect the Trump case but could carry political risks. She noted that if James falsely declared the property as her primary residence, critics may accuse her of hypocrisy. Mortgage lenders could sue for damages if fraud is proven, though such cases are costly and difficult to pursue.

There is no public confirmation that federal or state prosecutors are investigating. James has not commented, but in a 2022 interview she said her legal decisions are guided by evidence and law, not politics, saying, “The politics stop at my door.”