Donald Trump at Turnberry Golf Club in Scotland.
Earlier this year, Scotland's parliament chose not to investigate Donald Trump over his purchase of Turnberry Golf Club. Now, Scotland's supreme civil court has chosen to review that decision, potentially paving the way for another Trump probe.
On Wednesday (11 August), Scotland's Court of Session gave the green light to a judicial review of the Scottish ministers' decision not to investigate the Trump Organization.
In February this year, the Scottish Green Party brought forward a motion calling on ministers to investigate Trump's $60 million purchase of Turnberry, one of two golf courses he owns in Scotland.
Avaaz, a human rights group, argues that Scottish ministers have a "duty" to ask questions about where the money came from. On 20 May, it filed the petition with Scotland's Court of Session that has now been granted.
"I grant permission for the petition to proceed without condition or restriction," ruled Lord Sandison. The judicial review is expected to start in Edinburgh later this year, with a decision due in six to eight months' time.
If the ruling is then in Avaaz's favor then the Scottish government might be forced to take action against Trump.
"Today’s win means Scottish ministers will now be challenged in court over their ongoing failure to seek an unexplained wealth order (UWO) to investigate Trump's suspicious Turnberry purchase," says Nick Flynn, a legal director at Avaaz.
An unexplained wealth order would give authorities the power to question the Trump Organization about where the money used to purchase the golf course came from.
Avaaz believes there is much "unexplained wealth" that needs to be investigated. In a 30-page document published in 2019, it outlines how the Trump Organization's purchase of Turnberry happened during a period which Trump's businesses suffered "serious financial difficulties and defaults."
Despite these difficulties, it somehow managed to find $400 million to buy five houses, eight golf courses, and a winery. At $60 million, excluding its ensuing refurbishment, Turnberry was the largest purchase of this spending spree.
In a hearing by the Court of Session, Kay Sprigham, representing Avaaz, cited other probes of the Trump Organization, including a criminal investigation opened by the New York attorney general in May.
Since the petition was filed, Allen Weisselberg, formally chief financial officer of Trump International Golf Club in Scotland, was charged by U.S. prosecutors on multiple counts of tax fraud and falsifying business records.
Allen Weisselberg, Trump's former chief financial officer, arrives to attended a criminal hearing in ... [+]
If an unexplained wealth order is used to investigate Trump, it will be the first time the new power is used in Scotland.
Unexplained wealth orders were created in 2018, quickly acquiring the nickname "McMafia" laws, after a popular BBC series about money laundering aired at the same time.
The power has only been used by authorities investigating money laundering and illicit wealth on two occasions, and both times were in England.
However, any such investigation will be dependent on the court of session's ruling, which will clarify how Scottish ministers should use the power.
The Trump Organization did not respond to requests to comment on the Scottish court's decision, but Trump's son, Eric, has previously dismissed allegations of money laundering, and said those pursuing investigations against his father were a "national embarrassment."
Eric Trump has said any investigation by Scottish ministers against his father would be a "national ... [+]
Patrick Harvie, a Scottish Green Party MSP who brought the February motion to investigate Trump, said, “I’m glad we are a step forward in getting some clarity over why Trump’s business dealings in Scotland haven’t been investigated."
“Scotland’s reputation is at stake, and it is entirely within the powers of ministers to defend it. An unexplained wealth order would be a clear signal that business in Scotland must be transparent and accountable, no matter the individual involved.”
