Trump Wants His Foes Prosecuted for a Crime That Is Hard to Prove

President Donald Trump is wielding a new tool in his fight against political and policy foes: alleging mortgage fraud.

New York Attorney General Letitia James was recently indicted on charges of bank fraud and making false statements to a financial institution regarding a mortgage loan. (Photo: Thomas Good / Next Left Notes) 

New York Attorney General Letitia James was indicted on Thursday on charges of bank fraud and making false statements to a financial institution regarding a mortgage loan, Danielle Kaye reported for BBC News.

That followed Trump’s allegation that Federal Reserve Governor Lisa Cook lied on a mortgage application — a claim he is using as grounds to attempt to fire her.

Meanwhile, the Democrat who led Trump’s first impeachment trial, Senator Adam Schiff, is now under criminal investigation for similar accusations.

But this type of offense is rare and notoriously difficult to prove, particularly when it comes to demonstrating malicious intent.

That could complicate efforts by federal prosecutors to meet Trump’s demand — reportedly expressed to Attorney General Pam Bondi — that she “win legal cases against James and Schiff quickly.”

Mortgage fraud is defined as deliberately misrepresenting or omitting information provided to a lender or underwriter in order to obtain a mortgage loan.

It can take many forms, such as misstating whether a property will be occupied, inflating income, or misrepresenting assets to qualify for a loan. The Trump administration’s probes have reportedly focused on “occupancy fraud,” which involves claiming a home as a primary residence without actually living in it.

“When people talk mortgage fraud, it’s a big picture,” said Kimber White, president of the National Association of Mortgage Brokers, who has worked as a broker for 39 years. “As far as occupancy fraud, it’s lower down on the totem pole.”