Full Breakdown
Civil Disgorgement as a Path to Recover Money from Trump Allies
By Drooid · · How we work
Legal Strategy to Recover Trump Allies' Profits
Amanda Carpenter, a writer and editor at Protect Democracy and former communications director for Sen. Ted Cruz (R-TX), explained on a recent episode of the Legal AF podcast that civil disgorgement offers a way to retrieve funds obtained through alleged wrongdoing even when criminal prosecution is blocked by presidential pardons. She emphasized that existing statutes permit the government to seize ill-gotten profits without needing a new law or a criminal conviction.
Context: Pardons and Accountability
Carpenter noted that the Supreme Court’s recognition of the president’s broad pardon power creates a “free-exit” for individuals implicated in corruption, limiting traditional criminal avenues. She argued that reliance on criminal immunity alone would leave many of the Trump administration’s associates beyond reach of accountability.
Potential Avenues for Civil Disgorgement
Carpenter identified five categories that a new Congress could target:
1. No-bid contracts awarded to favored firms.
2. Crypto-related profits tied to insider advantage.
3. Slush funds and settlements linked to government business.
4. Lavish gifts such as private jets and diamond jewelry received by Trump.
5. Pay-for-play schemes surrounding lobbying for pardons.
She highlighted that private actors on the opposite side of these deals provide a “paper trail” that investigators can follow. As an example, Carpenter cited Clark Construction as a company involved in such transactions. She also suggested that state attorneys general could pursue similar civil actions, noting that these enforcement tools are routinely used and do not require new legislation.
Verbatim Quotes
- “It has been widely reported that he is considering giving pardons to anyone within 200 feet of the Oval Office,” — Amanda Carpenter, a writer and editor at Protect Democracy
- “We have laws on the books that allow people to get money back if those monies were gained in an ill-gotten way,” — Amanda Carpenter, a writer and editor at Protect Democracy