CBS NEWS
WASHINGTON -- Republican Texas Attorney General Ken
Paxton moved to muzzle a former state regulator who says he was ordered
in 2010 to drop a fraud investigation into Trump University for political reasons.
Paxton's
office issued a cease and desist letter to former Deputy Chief of
Consumer Protection John Owens after he made public copies of a 14-page
internal summary of the state's case against Donald Trump for scamming millions from students of his now-defunct real estate seminar.
Owens, now retired, said his team had built a solid case against the
now-presumptive Republican presidential nominee, but was told to drop it
after Trump's company agreed to cease operations in Texas.
The
former state regulator told The Associated Press on Friday that decision
was highly unusual and left the bilked students on their own to attempt
to recover their tuition money from the celebrity businessman.
Trump University is the target of two lawsuits in San Diego and one in New York that accuse the business of fleecing students with unfulfilled promises to teach secrets of success in real estate.
A federal judge overseeing one of the class action suits unsealed documents in the case earlier this week, then ordered some of those records to be withdrawn from public view, saying they had "mistakenly" been released. Trump has personally attacked U.S. District Judge Gonzalo P. Curiel as "a hater of Donald Trump," claiming he is biased against Trump because of his Hispanic heritage.
"We're in front of a very hostile judge," Trump told a crowd in San
Diego on May 27. "The judge was appointed by Barack Obama, federal
judge. Frankly, he should recuse himself because he's given us ruling
after ruling after ruling, negative, negative, negative."
"What
happens is the judge, who happens to be -- we believe -- Mexican. Which
is great. I think that's fine," he said. "You know what? I think the
Mexicans are going to end up loving Donald Trump when I give all these
jobs, OK?"
Curiel was born in East Chicago, Indiana. Curiel's
parents, however, are Mexican, according to a 2002 New York Times report
of the judge's work in the Southern District of California's narcotics
enforcement division.
Despite the lawsuits, the presumptive GOP nominee said Thursday he plans to reopen Trump University once the legal cases are resolved.
As CBS News reported in September,
Trump University closed not because of litigation, but because students
were not signing up for its Gold elite mentoring program that cost
$35,000. The university, as a result, could no longer afford to fulfill
its commitments to the students who had already paid.
A June 2010 memo from Trump University said the program was facing
"significant operations risk" and it closed a month later. A former
employee told CBS News that the program was "run into the ground."
According to the documents provided by Owens,
his team sought to sue Trump, his company and several business
associates to help recover more than $2.6 million students spent on
seminars and materials, plus another $2.8 million in penalties and fees.
Owens said he was so surprised at the order to stand down he made a copy of the case file and took it home.
"It
had to be political in my mind because Donald Trump was treated
differently than any other similarly situated scam artist in the 16
years I was at the consumer protection office," said Owens, who lives in
Houston.
Owens' boss at the time was then-Attorney General Greg Abbott, who is now the state's GOP governor.
The Associated Press first reported Thursday that Trump gave donations
totaling $35,000 to Abbott's gubernatorial campaign three years after
his office closed the Trump U case. Several Texas media outlets then
reported Owens' accusation that the probe was dropped for political
reasons.
Abbott spokesman Matt Hirsch said Friday that the governor had played
no role in ending the case against Trump, a decision he said was made
farther down the chain of command.
"The Texas Attorney General's
office investigated Trump U, and its demands were met - Trump U was
forced out of Texas and consumers were protected," Hirsch said. "It's
absurd to suggest any connection between a case that has been closed and
a donation to Governor Abbott three years later."
Paxton issued a
media release about the cease and desist later Friday, saying Owens had
divulged "confidential and privileged information."
Owens first learned about the state's action against him on Friday afternoon when contacted by the AP for response.
"I
have done nothing illegal or unethical," said Owens, a lawyer. "I think
the information I provided to the press was important and needed to be
shared with the public."
Paxton faces his own legal trouble. He was indicted last year on
three felony fraud charges alleging that he persuaded people to invest
in a North Texas tech startup while failing to disclose that he hadn't
invested himself but was being paid by the company in stock. Paxton has
remained in office while appealing the charges.
Texas was not the only GOP-led state to shy away from suing Trump.
Florida
Attorney General Pam Bondi briefly considered joining a multi-state
suit against Trump U. Three days after Bondi's spokeswoman was quoted in
local media reports as saying her office was investigating, Trump's
family foundation made a $25,000 contribution to a political fundraising
committee supporting Bondi's re-election campaign.
Bondi, a Republican, soon dropped her investigation, citing insufficient grounds to proceed.
In
New York, meanwhile, Democratic Attorney General Eric Schneiderman sued
Trump over what he called a "straight-up fraud." That case, along with
several class-action lawsuits filed by former Trump students, is still
ongoing.
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