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bigtree

(94,645 posts)
7. this is specious
Wed Oct 29, 2025, 12:26 PM
Oct 2025

...'the other requirements' weren't violated at all.

Moreover, the indictment that we can all read right now says that she reported 'thousands' of dollars in rents received” for tax purposes.

James’ 2020 tax return reflected $1,350 in rental income, which was paid to cover the cost of utilities, according to ABC News.

“James filed Schedule E tax form(s), under penalties of perjury, treating the … Property as rental real estate, reporting fair rental days, zero personal use days, thousand(s) of dollars in rents received, and claiming deductions for expenses relating to the property, further contradicting the second home classification,” Halligan wrote in the indictment.


Even if Thompson did pay rent as the indictment suggests, that fact alone does not establish criminal fraud, three experts in contracts, finance and housing law told POLITICO

“The core of the allegations is that James knowingly lied that she was not going to rent,” Adam Levitin, a Georgetown Law professor who specializes in banking and finance law, said after reviewing James’ Second Home Rider. “The problem is there is absolutely no statement ever made by James that she would not rent out the property — the contract language does not prohibit rentals, it prohibits rentals via a third party.”

https://www.politico.com/news/2025/10/29/letitia-james-mortgage-contract-indictment-00625010

Recommendations

4 members have recommended this reply (displayed in chronological order):

The author is incorrect FBaggins Oct 2025 #1
I'm no lawyer, but other lawyers disagree with you. Happy Hoosier Oct 2025 #2
Exclusive use DOES NOT mean that occupancy FBaggins Oct 2025 #3
Where did you get your information? dpibel Oct 2025 #4
You provided a link to the document FBaggins Oct 2025 #5
For the first year dpibel Oct 2025 #6
Yes - and the story is that she purchased the home for her grand niece's use FBaggins Oct 2025 #8
Did you read the entire article? dpibel Oct 2025 #9
I did - none of them are commenting on the topic in the title/OP FBaggins Oct 2025 #17
Pretzels are tasty! dpibel Oct 2025 #18
I assume that's not an intentional strawman FBaggins Oct 2025 #20
Not sure why you're so invested in this dpibel Oct 2025 #22
I'm not so sure, either. marble falls Oct 2025 #26
it really sucks when you have to NJCher Oct 2025 #16
this is specious bigtree Oct 2025 #7
Rent isn't actually part of the charges FBaggins Oct 2025 #15
smoke. No real prosecutor thought she should be charged. bigtree Oct 2025 #19
That part is true. It's clearly a politically-motivated prosecution FBaggins Oct 2025 #21
they're not going to spend much time parsing whether she visited the home or stayed there bigtree Oct 2025 #25
When you sign a document attesting to exclusive use you don't list everyone who will be occupying the property Hassin Bin Sober Oct 2025 #23
Very nicely put. marble falls Oct 2025 #27
That's true - and would be a great defense if it were relevant FBaggins Oct 2025 #28
Dude. I'm part owner of a mortgage company. Hassin Bin Sober Oct 2025 #30
Not possible with a 2nd Home IbogaProject Oct 2025 #24
Dudnt her niece live there? viva la Oct 2025 #29
When I was young a female CPA told me the expression "picking the fly shit out of pepper". twodogsbarking Oct 2025 #10
Quite the discussion above, unless I missed it..... KS Toronado Oct 2025 #11
Question: Who is being defrauded here? SpankMe Oct 2025 #12
K&R UTUSN Oct 2025 #13
She would be better off popsdenver Oct 2025 #14
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