united-states us-supreme-court subpoena tax-law prosecution
What happens to Donald Trump if he refuses to turn over his financial records?
<p>Headlines for 2021 February 22 read <em><strong>&quot;Supreme Court Approves Subpoena for Trump's Financial Records&quot;</strong></em>.</p>
<p>Since the Supreme Court has now ruled on the matter, I am not aware of any other body to which Donald Trump can legally appeal.</p>
<p>What happens to Donald Trump if he refuses to turn over all the financial records for which he has received a subpoena?</p>

<p>According to <a href="https://www.washingtonpost.com/politics/courts_law/supreme-court-trump-tax-returns/2021/02/22/05053b14-751c-11eb-8115-9ad5e9c02117_story.html" rel="noreferrer">this Washington Post story</a>:</p>
<blockquote>
<p>Vance is seeking the records from Trump’s longtime accounting firm, Mazars.</p>
</blockquote>
<p>Thus Trump himself will not be able to refuse to provide the tax return information. Should the accounting firm refuse, it could be held to be in contempt of court, and fined. It is even possible that a responsible person from the firm would be jailed until the firm complies.</p>
<p>I do not see what additional appeals or legal recourse there might be against turning over the returns. But I cannot say that none could be available. There might be arguments that lawyers for Trump or the accounting firm could still raise.</p>
<p>News stories published on 23 Feb 2021 say that Mazars intends to comply with the subpoena. The <em>New York Times</em> story <a href="https://www.nytimes.com/2021/02/22/us/politics/supreme-court-trump-taxes-financial-records.html" rel="noreferrer">&quot;Supreme Court Denies Trump’s Final Bid to Block Release of Tax Returns&quot;</a> said:</p>
<blockquote>
<p>The firm has said it will comply with the final ruling of the courts, meaning that the grand jury should receive the documents in short order. On Monday, Mazars issued a statement saying it “remains committed to fulfilling all of our professional and legal obligations.”</p>
</blockquote>

<p>The recent SCOTUS ruling on the ability of the Manhattan DA's office to enforce their subpoena applies to the accounting firm Mazars (who has copies of the tax returns and acts as Trump's agent in dealing with the IRS) and not Trump himself.</p>
<blockquote>
<p>&quot;...Vance is seeking the records from Trump’s longtime accounting
firm, Mazars.&quot; <a href="https://www.washingtonpost.com/politics/courts_law/supreme-court-trump-tax-returns/2021/02/22/05053b14-751c-11eb-8115-9ad5e9c02117_story.html" rel="nofollow noreferrer">Supreme Court rejects Trump's final bid to shield tax returns from Manhattan prosecutor - The Washington Post</a></p>
</blockquote>
<p>If Mazars does not comply, it and individuals (staff or board or corporate members) can be held in contempt and jailed and/or fined.</p>
<p>There's little reason for Mazars to fight the subpoena; their reputation and livelihood would be at risk if they violated the law and ignored the subpoena. Trump is simply a Mazars client, and they act as his agent.</p>
<blockquote>
<p>Vance... had subpoenaed the records from the Mazars accounting firm...
Mazars has said it would comply with the subpoena, but Trump (had)
sued to block the records’ release. <a href="https://www.washingtonpost.com/politics/courts_law/supreme-court-wont-halt-trump-tax-record-turnover/2021/02/22/02415de0-751c-11eb-9489-8f7dacd51e75_story.html" rel="nofollow noreferrer">Supreme Court won’t halt turnover of Trump’s tax records - The Washington Post</a></p>
</blockquote>
<p>And, it's important to note that</p>
<blockquote>
<p>&quot;The court’s action does not mean Trump’s tax records are to become
public. Vance has said they would be protected by grand jury secrecy
rules...&quot; <a href="https://www.washingtonpost.com/politics/courts_law/supreme-court-trump-tax-returns/2021/02/22/05053b14-751c-11eb-8115-9ad5e9c02117_story.html" rel="nofollow noreferrer">Supreme
Court ends Trump's bid to shield his tax returns, efforts to challenge
election losses - The Washington Post</a></p>
</blockquote>
<p><strong>Update</strong>: and note that probably due to that ruling, on March 2nd,</p>
<blockquote>
<p>A U.S. House of Representatives panel reissued a subpoena seeking
Donald Trump’s tax and financial records, saying in a memo made
public... it needs the documents to address “conflicts of interest” by
future presidents. <a
href="https://www.reuters.com/article/us-usa-congress-trump-taxes-idUSKCN2AV02B" rel="nofollow noreferrer">U.S. House panel reissues subpoena for Trump's tax records | Reuters</a></p>
</blockquote>

<p>Well, if one defies a valid subpoena, then one is in contempt of court. It's a state court subpoena that they were wrangling over, and I think generally contempt of court is a misdemeanor in the state system. Don't ever try to defy a valid subpoena!</p>
