05/14/2026
Dear Mr. Trump:
This  memorandum describes the principal federal statutes and regulatory authorities a future presidential administration could employ to recover funds and pursue accountability if investigators were to establish that a Department of Justice payment $10 billion to you was procured through unlawful conduct. This memorandum does not allege any specific wrongdoing as actually occurred. It instead outlines legal mechanisms and risks that follow from proven violations.
Federal civil recovery authorities
• False Claims Act, 31 U.S.C. § 3729 et seq.: authorizes recovery of funds obtained by false or fraudulent claims presented to the United States, including treble damages, statutory penalties, and qui tam relator actions under 31 U.S.C. § 3730.
• Equitable restitution and unjust enrichment doctrines: permit courts to disgorge funds improperly obtained by fraud or misrepresentation and to order restitution through civil suits or administrative proceedings.
• Contractual/admin remedies: settlement agreements procured without authority or through material misrepresentation may be rescinded or set aside as ultra vires, enabling the government to reclaim payments.
Federal criminal statutes potentially implicated
• Federal bribery, 18 U.S.C. § 201: criminalizes corrupt payments or promises to public officials and corrupt acceptance by public officials in return for official acts.
• Honest‑services fraud, 18 U.S.C. § 1346 (as applied in bribery/kickback contexts): has been used in prosecutions where public officials’ duties are subverted by secret benefits or kickbacks.
• Conspiracy and obstruction statutes: permit prosecution for agreements to misuse official authority or for corrupt acts to conceal or impede investigation.
• False statements and records statutes (e.g., 18 U.S.C. § 1001): criminalize knowingly making material false statements in matters within federal jurisdiction.
Professional and administrative sanctions
• Bar discipline and ethics enforcement: state bar authorities and DOJ ethics offices can pursue professional misconduct proceedings, including suspension or disbarment, where attorneys engage in unethical or unlawful conduct affecting public trust.
• Administrative accountability: internal DOJ disciplinary processes and inspector general reviews can lead to employment consequences and support civil claims.
Practical consequences a future administration could seek.
• Civil recovery actions (including FCA suits), asset freezes, disgorgement, and injunctions to reclaim funds.
• Criminal investigations and prosecutions under the statutes listed above where evidence of corrupt intent or unlawful schemes is established.
• Referrals for professional discipline and administrative sanctions against attorneys or officials implicated in misconduct.
 Sincerely
Jon Trevathan, Esquire
Retired