Donald Trump finances could be probed by 'McMafia' investigators following court ruling

Donald Trump’s finances could yet be subject to an investigation in Scotland after a court ruling opened up the possibility of ministers seeking a so-called McMafia order. 

Campaigner Avaaz has been given permission by the Court of Session to seek a judicial review of the Scottish Government’s decision not to pursue an Unexplained Wealth Order (UWO) to explore how the former US President was able to buy golf resorts in Aberdeenshire and Ayrshire. 

In February the then Justice Secretary Humza Yousaf told the Scottish Parliament it would be an "abuse of power" for him to launch a McMafia probe into Trump's finances.

The claim came as MSPs debated a Green Party motion demanding ministers go to the Court of Session to seek an investigation. 

That call was ultimately defeated, with SNP and Tory MSPs voting against.

Opening the debate, Patrick Harvie said there were questions over how the former President purchased his golf clubs in Balmedie in Aberdeenshire, and the flagship Turnberry in Ayrshire. 

Accounts filed with Companies House show that Trump’s courses have run up losses of £55m and owe around £157m to US-based limited liability companies and trusts in the tycoon’s name.

The Green MSP said legal advice obtained by campaign group Avaaz, showed that it was within the Scottish Government's power to apply for a UWO.

The orders aren't criminal procedures, rather just accounting investigations carried out by the Civil Recovery Unit (CRU).

Though if Trump's firm was unable to show where the money came from the Crown could then confiscate the properties under the Proceeds of Crime Act

Yousaf said he wouldn’t defend the ex-President, saying he was “exactly the type of person who would be the target” of Trump’s “racist and divisive policies if I was living in America.”

“However we rightly have a separation of the political and law enforcement,” he said.

“Just because I do not like someone, or indeed simply because something might be to my political advantage, I should not exercise any power that allows me to instigate an investigation or indeed law enforcement processes against such individuals.

“I would not do such a thing to somebody I like, that must also apply equally to those I do not like, and Donald Trump is at the top of that list. That would be an abuse of power, fundamentally, undermining our entire justice system.”

He said for the CRU to independently undertake an investigatory role it could not be subject to any form of political interference.

However, Avaaz has now won the right to have that explored in a judicial review.  

Scottish Greens co-leader Patrick Harvie, 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. It should never have got to the stage of a legal challenge from an NGO for the Scottish Government to confirm or deny whether they will seek a McMafia order.

“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.”

UWOs were introduced to tackle money laundering, with those in receipt of an order having to prove that money used to finance deals was legitimately acquired.