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ROBBINS GELLER RUDMAN
& DOWD LLP
JASON A. FORGE (1 81 5 42)
MOIL
rgrdlaw.com
L. JENSEN (21 1 45 6)
rj ens en rgrdlaw.com
HOM S R. MERRICK (1 77987)
tmerrick rgrdlaw.com
65 5 West roadway, Suite 1 900
San Diego, CA 921 01
Telephone: 61 9/23 1 -1 05 8
61 9/23 1 -7423 (fax)
ZELDES HAEGGQUIST & ECK, LLP
AMBER L. ECK (f77882)
ambere((zhlaw.com
HELENTI. ZELDES (22005 1 )
helenz zhlaw.com
ALREN HAEGGQUIST (221 85 8)
alreenh zhlaw.com
AARONM. OLSEN (25 9923 )
aarono@zhlaw.com
625 Broadway, Suite 1 000
San Diego, CA 921 01
Telephone: 61 9/3 42-8000
61 9/3 42-7878 (fax)
Attorneys for Plaintiff and Proposed Class
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ART COHEN, Individually and on
Behalf of All Others Similarly Situated,
Plaintiff,
vs.
DONALD J. TRUMP,
Defendant.
Case No.
CLASS ACTION
COMPLAINT FOR VIOLATIONS OF
1 8 U.S.C. 1 962(c)
883445_1
'13CV2519 RBB DMS
Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 1 of 35
Plaintiff Art Cohen ("Plaintiff'), by and through his attorneys, brings this action
on behalf of himself and all others similarly situated, against Donald J. Trump
("Defendant" or "Defendant Trump"). Plaintiff alleges the following based upon
information and belief, the investigation of counsel, and personal knowledge as to the
allegations pertaining to him.
NATURE OF THE ACTION
1 . Defendant ensnared Plaintiff and thousands of other student-victims in a
fraudulent scheme nationwide to sell real estate seminars and mentorships ("Live
Events") by trading on the Trump moniker. Defendant uniformly misled Plaintiff and
the Class that they would learn Donald Trump's real estate secrets through him and
his handpicked professors at his elite "University." The misleading nature of the
enterprise is embodied by its very name. That is because, though Defendant promised
"Trump University," he delivered neither Donald Trump nor a University.
2. Defendant expressly set out to leverage Donald Trump's fame and
expertise as a real estate mogul by creating "Trump University," which Defendant
marketed as a premier institution of higher learning rivaling Wharton Business
School, and with which Trump was so integrally involved, students would effectively
be learning from him. 1 Defendant marketed Trump University as `the next best thing
to being Trump's "Apprentice," referencing Trump's hit reality television series.
3 .
In a promotional video for Trump University posted on YouTube,
embedded in email blasts, and shown at Trump University Live Events (hereinafter,
I
the "Main Promotional Video"), Trump himself promised would-be student-victims:
We're going to have professors and adjunct professors that are
absolutely terrifc. Terrific people. Terrific brains. Successful. The
best. We are going to have the best of the best. And, honestly, if you
don't learn from them, if you don't learn front sne, if you don't learn
from the people that we're going to be putting forward, and these are all
people that are handpicked by jne, then, you're just not gonna make it in
1
As detailed herein, Trump University changed its name to Trump Entrepreneur
Initiative on June 2, 201 0.
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terms of the world of success. And that's okay, but you're not gonna
make it in terms of success.
4. Defendant mass mailed to Plaintiff and the Class a "Special Invitation
from Donald J. Trump" to the free introductory Live Event, adorned with the Trump
University coat of arms and promising: "My hand-picked instructors and mentors
will show you how to use real estate strategies ...." The letter continues that with
"ongoing support from your own Team of Trump Experts you'll have what you
need to succeed!" The letter closes with Donald J. Trump's name, signature, and
Trump University's address at 40 Wall Street, 3 2nd Floor, New York, NY 1 0005 .
5 .
Trump gave himself a prominent, if not exclusive, role in the national
advertising campaign for "Trump University." However, Trump did not fulfill the
promises he made to student-victims around the country he did not teach students
his coveted real estate investing "secrets" at the Live Events, he did not contribute in
any meaningful way to the curriculum for the Live Events, and he did not handpick
the Live Event seminar instructors and mentors who "taught" student-victims at 3 -day
Live Events and Elite mentorship programs both of which were upsells from the free
introductory Live Event called the "Preview."
6. Almost immediately after Trump founded Trump University, the New
York State Education Department ("NYSED") wrote to Donald Trump on May 27,
2005 , warning him that using the name "University" was illegal without a license, and
asked Trump to stop using the name "Trump University." Instead of complying,
Defendant's agents created a fictitious office in Dover, Delaware, and then Defendant
continued to brazenly operate illegally out of his 40 Wall Street office in New York,
New York for five years. On March 3 0, 201 0, the NYSED wrote to Donald Trump
and again advised that use of the title "University" in the name of his corporation was
"misleading" and illegal. On June 1 5 , 201 0, NYSED wrote to Trump University
2 Emphasis is supplied and citations and internal quotation marks omitted here
and throughout, unless otherwise noted.
883 445 _1 II - 2 -
Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 3 of 35
1 directing Defendant to cease any further training until Trump University obtained a
2 license to operate as an institution of higher learning. The NYSED demanded: "All
3 current students should be refunded" and warned that failure to comply with the law
4 "may result in disciplinary action." Defendant did not give students refunds, but did
5 stop offering and selling Live Events shortly thereafter in or about August 201 0.
6 However, Defendant has made multiple statements that he intends to resume Trump
7 University courses in the future.
8

7. At least 1 1 Attorneys General and the U.S. Department of Justice have

9 received numerous complaints about Trump University; the Texas Attorney General's
1 0 investigation into misleading advertisements by Trump University ultimately led to
1 1 the suspension of Live Events in that state; and a year after the filing of a related class
1 2 action in this Court, the New York Attorney General launched an investigation into
1 3 Trump University's deceptive practices. And, due to Defendant's misleading
1 4 advertisements and marketing of Trump University as a "University," the Better
1 5 Business Bureau ("BBB") refused to accredit Trump University and gave it a D- grade
1 6 due to the many complaints lodged by consumers.
1 7

8. Plaintiff brings this class action on behalf of himself and all other
1 8 ~ similarly-situated consumers who purchased Trump University Live Events
1 9 throughout the United States, asserting violations of the Racketeer Influenced and
2 0 Corrupt Organizations Act ("RICO Statute"), 1 8 U.S.C. 1 962(c).
2 1

9. Plaintiff seeks damages and equitable relief on behalf of himself and the
2 2 Class, including, but not limited to: treble their monetary damages; restitution;
2 3 injunctive relief; punitive damages; costs and expenses, including attorneys' and
2 4 expert fees; interest; and any additional relief that this Court determines to be
2 5 necessary or appropriate to provide complete relief to Plaintiff and the Class.
2 6

JURISDICTION AND VENUE

2 7

1 0. This Court has original jurisdiction over the subject matter of this action
2 8 pursuant to 28 U.S.C. 1 3 3 1 , because Plaintiff's claims arise under the RICO Statute,
883445_1 11 -3 -
Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 4 of 35
1 1 8 U.S.C. 1 962. The Court has diversity jurisdiction under 28 U.S.C. 1 3 3 2 because
2 Plaintiff resides in California, and Defendant resides in New York. This Court also
3 has original jurisdiction over this action under the Class Action Fairness Act of 2005 ,
4 28 U.S.C. 1 3 3 2(d)(2) ("CAFA"), as to the named Plaintiff and every Class Member,
5 because the proposed Class contains more than 1 00 members, the aggregate amount in
6 controversy exceeds $5 million, and Class Members reside across the United States
7 and are therefore diverse from Defendant.
8

1 1 . This Court has personal jurisdiction over Defendant because he has

9 significant minimum contacts with this State, and intentionally availed himself of the
1 0 laws of California by transacting a substantial amount of business throughout the State
1 1 and this District, including but not limited to, the promotion, marketing, advertising,
1 2 and sale of Trump University Live Events throughout California and San Diego
1 3 County, and on the Internet to consumers located throughout California and San
1 4 Diego County.
1 5

1 2. Venue is proper under 1 8 U.S.C. 1 965 (a), because Defendant is subject

1 6 to personal jurisdiction in this District as alleged above, and Defendant has agents
1 7 located in this District.
1 8

PARTIES
1 9 A. Plaintiff
20

1 3 . Plaintiff Art Cohen is a businessman and resident of the state of

21 California. Cohen learned about Trump University in 2009 when he saw an
22 advertisement in the San Jose Mercury News, which is delivered daily to his home.
23 Cohen believes that he also received by mail a "special invitation" to Trump
24 University from Donald Trump, which included 2 VIP tickets to the free seminar.
25 Cohen was lured in by Donald Trump's name and reputation as a real estate expert.
26 Cohen attended the Preview Live Event at the Fremont Marriott Silicon Valley in
27 Fremont, California, on April 29, 2009, where Cohen was shown the Main
28 Promotional Video. Based on Defendant's misrepresentations and material omissions
883 445 _1 1 1
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 5 of 35
1 that he would receive Donald Trump's real estate secrets from his handpicked
2 "professors" and mentors at his "University," Cohen purchased the $1 ,495 Fast Track
3 to Foreclosure Real Estate Retreat, which he attended from May 8-1 0, 2009, at the
4 Sheraton Palo Alto Hotel in Palo Alto. At the 3 -day event, Cohen was upsold to the
5 Gold Elite program, which he purchased on May 1 0, 2009, for $3 4,995 , plus the
6 interest and finance charges paid to his credit card.
7

1 4. Plaintiff would not have paid for any of the Trump University programs
8 had he known that he would not have access to Donald Trump's real estate investing
9 secrets, that Trump had no meaningful role in selecting the instructors for the Live
1 0 Events, and/or that Trump University was not a "University," as Defendant had
1 1 represented to him.
1 2 B. Defendant
1 3

1 5 . Donald J. Trump resides in the State of New York. Trump was a founder
1 4 and Chairman, officer, director, managing member, principal and/or controlling
1 5 shareholder of Trump University. Defendant Trump is also Chairman of the board of
1 6 directors, President and CEO of the Trump Organization, a conglomerate of
1 7 companies which includes Trump University.
1 8

1 6. Defendant Trump received revenues paid to Trump University from

1 9 Plaintiff and other Class Members through two or more shell companies, including
20 DJT University Managing Member LLC (now DJT Entrepreneur Managing Member
21 LLC), a New York Limited Liability Company, and DJT University Member LLC
22 (now DJT Entrepreneur Member LLC), a New York Limited Liability Company.
23

1 7. Defendant Trump has conducted substantial business within the State of

24
I
California, including this District.
25

1 8. Defendant Trump approved, authorized, either specifically and/or tacitly

26 directed, ratified and/or participated in the acts complained of herein engaged in by
27 Trump University and its personnel.
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883 445 _1 (I - 5 -
Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 6 of 35
1

COMMON FACTUAL ALLEGATIONS

2 A. The Scheme
3

1 9. Defendant Trump and others, including but not limited to, the former
4 President of Trump University, Michael Sexton, devised and executed a scheme to
5 make tens of millions of dollars by marketing Trump University as both: (1 ) a learning
6 institution with which Donald Trump was so integrally involved that students would
7 effectively be learning from him because, among other reasons, they would be
8 learning his real estate secrets from instructors whom he had handpicked; and (2) an
9 actual university with a faculty of professors and adjunct professors.
1 0

20. This "Scheme" was fueled by a national advertising campaign, the

1 1 cornerstone of which was the Main Promotional Video. Defendant Trump caused the
1 2 Main Promotional Video to be published to YouTube online so it would be viewed by
1 3 prospective student-victims throughout the country. Trump University operated an
1 4 extensive advertising campaign with an annual budget at one time of $6 million, and a
1 5 database of over one million current and potential customers, which it targeted with
16 frequent email blasts. These e-blasts contained misrepresentations and/or links to
1 7 view the Main Promotional Video on YouTube, and/or Trump University's Facebook
1 8 page, Twitter account, and/or LinkedIn profile. When Trump University introduced
1 9 the Donald Trump "signature" campaigns (featuring Donald Trump's signature in
20 letters and ads) including "Are YOU My Next Apprentice?" and "Learn From the
21 Master," consumer responses jumped by over 5 0%. And though personnel knew it
22 was false to claim the instructors were handpicked by Defendant Trump, Defendant
23 continued to use this catch-phrase as a marketing hook.
24

21 . Other methods and means that Defendant Trump and others used to
25 execute and perpetuate the Scheme included the following:
26

(a) Defendant Trump reviewing and approving advertisements before

27
I
they were released, which featured quotes from Defendant Trump himself, such as: "I
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883 445 _1 II - 6 -
Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 7 of 35
Lecirn w -,alth St es
('rift F~ Ie: i 1 r1 r :Irk I
Creative Financing
Techniques for Today's
Market
o ~ May 05 , 201 0
at6PM EST &9PMAEST
Get i
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can turn anyone into a successful real estate investor, including you. Donald
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Trump."
(b) Using Defendant Trump's name, photos and/or quotes for all Live
Events, website and advertising, and the website home page displayed a large photo of
Defendant Trump along with the message from him: "Are YOU My Next Apprentice?
Prove it to me!"
1
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(d)
Using advertisements featuring Defendant Trump and his image
with quotes such as: "Don't think you can profit in this market? You can. And I'll
show you how. Learn from my handpicked experts how you can profit from the
largest real estate liquidation in history."
(e)
Sending emails to thousands or tens of thousands consumers from
Trump University's one million customer database that featured Defendant Trump's
photo with the words: "Are you My Next Apprentice," and stated: "76% of the
world's millionaires made their fortunes in real estate. Now it's your turn. My father
did it, I did it, and now I'm ready to teach you how to do it too." The signature block
8 8 3 4 4 5 _ 1
7
Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 8 of 35
at the bottom of the email read, Donald J. Trump, Chairman, Trump University, and
above that is Defendant Trump's actual signature.
From: Tw.mp tlnWerstly <en'aitdi tr rrumpun vor sily.am>
T o : b r a n t o n
Sent: Thu, April Oh, 2(110 12:06:00 PM --
Subject: Enooprer+eurs Needed to be toy Ned Apprentice
I want people who want success.
II you Think BIG and beliove you've got what it takes to succeed, I want youl
76r, of the world's mflllonnires mach their
fortunes In reel estate. Now Its your turn. My
father did It. I did It, and new I'm ready to teach
you how to do If too. iK
My :cam of Font eslata exports ai Rump Ucivorsity is ,tin
coming to your area in the pout law cays to conduct -"~ .
my Free Intro Apprenticeship Wmksh:p. It you think
sd
you've got what It takes to bony pout Apprentice,
.
,~ ,y' - ,
s r
step up and attend, You shoold also bring along a . ~ s,

r x,.,:.:
rusted partner. Th{s Is YOUR cpporlunity to create
weaith anti take cenfrol of your own financial return
with proven strato0los that work in the current real
estate market.
I 'm also going to give you my
Attend the F ree I ntro Approeltoeshlp Workshop to
"Secrets of Real Estate Marketing"
learn how te. -
inventor to0lklt in $5 0 Value)
absolutely F REE when you attend.
Buy proportion from bank; at DEEP dismounts
O r r't
A. 1 : time, . ae tt!rg i3 obey
Use sired sales to CONTROL property ilntited and dry Trump Workshops
I-Increase your tinxcche. POWER vnlh bvorege
ulwpyo fill an It
Negottoto PROF I TABLE dosis that steel your
peals
0. Att.uod and tnon now to develop the
CONF I DENCE to succeed I , rent estate
See you at the Copt
Dnnu d J Trump
Crmrtman, Tromp Universlty
(f)
Sending signed letters through the mails to consumers nationwide,
I
with Defendant Trump's name and signature at the bottom, stating: "[N]o course
offers the same depth of insight, experience and support as the one bearing my name.
. My hand-picked instructors and mentors will show you how to use real estate
strategies
to: [s]upplement or even replace your income, [s]ecure your long-term
financial future ... [s]tart profiting today! Now is the time to create your financial
legacy. You can do it,
even if you only have five or ten hours a week to spare. With
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883 445 _1 II
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 9 of 35
1 our simple instructions and practice exercises and ongoing support from your own
2 Trump Team of Experts you'll have what you need to succeed!" (Second
3 emphasis in original). The letter closed with Donald J. Trump's name, signature, and
4 address, at 40 Wall Street, 3 2nd Floor, New York, NY 1 0005 .
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(g)
Sending substantially-similar signed letters through the mails to
consumers nationwide addressed as "Dear Friend" from Donald Trump promising:
"Come to my free class. In just 90 minutes, my hand-picked instructors will share my
techniques, which took my entire career to develop," and signed "Sincerely, Donald
Trump" with Defendant Trump's signature. (Emphasis in original). The letter
enclosed two "VIP" tickets to an upcoming Preview Live Event in the consumer's
area.
(h) Delivering to student-victims, who were in the midst of the Trump
University $1 ,495 Fulfillment Live Event and whom Trump University was trying to
persuade to sign up for the Elite program, a personalized (addressed to them by name)
letter from Donald J. Trump. The letter bore the Trump logo at the top of the letter
and the words "From the Office of Donald J. Trump." The letters stated:
Success in real estate begins with great training and proven
strategies. Without education you don't stand a chance.
I know how to make money in real estate. I've been doing it for a
long time with a lot of success. My family has been a leader in real estate
since my father Fred Trump started building residential homes in
New York City 75 years ago. My father was my mentor and he taught
me a lot. Now I want to teach you how to make money in real estate. fo
be my apprentice you need to Think BIG and really want to succeed.
More than anything, you need to take action.
Do YOU have What It Takes to Be My Next Apprentice?
I only work with people who are committed to succeed. I founded
Trump University back in 2005 to teach go-getters how to succeed in
real estate. My team at Trump University is filled with real estate experts
. proven winners. We're the best of the best and we know what
works. If you think you have what it takes to be my next apprentice,
prove it to me.
We've trained thousands of real estate investors over the years and
we know you will be most successful when you work with a partner...
883 445 _1 - 9 -
Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 10 of 35
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If you' re serious about making money and safeguarding your
future, learn to invest in real estate. Trump University will teach you
how. We'll give you the best training and the confidence to succeed. If
you think you've got what it takes to be my next Apprentice, come prove
it to me and my team.
The letter closes with "See you at the top!" And, it is signed, "Donald J. Trump,
~ Chairman, Trump University."
(i) Promising students that "[t]here are many real estate investment
'seminars available but this is the only one designed by Donald Trump ' s personal
advisors , to show you step-by-step how to create quick cash immediately , and how to
build a large monthly cash flow WITHOUT using any of your own money or credit."
(j) Enforcing the uniform deceptive portrayal of Trump University
I
through policies and procedures , including Marketing Guidelines , the PlayBook, and
standardized PowerPoint presentations and scripts that instructors were contractually
required to use. For example, the Marketing Guidelines were designed to "ensure
brand, tone and message across all Trump University's marketing efforts." The
"tone" required by those Marketing Guidelines was to "Think of Trump University as
a real University with a real Admissions process, i . e., not everyone who applies, is
accepted." The Guidelines also required that personnel use the term "faculty" which
was to be marketed as comprised of Donald Trump ' s "top experts."
(lc) Sending scripts containing misrepresentations to instructors for use
at the Live Events through the interstate wires, such as the Preview Script sent from
Michael Sexton to primary instructors , including James Harris and Stephen Goff. The
speaker was required to use the official Trump University script and PowerPoint, and
not make any changes without prior authorization pursuant to the PlayBook and
his/her contract. Defendant Trump has concealed this speaker script that was used to
execute his Scheme. Excerpts of the concealed speaker script include:
883 445 _1 II - 1 0 -
Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 11 of 35
TI-11 III pUnivel-sity
'Preview Script Version 3.0
Slide 01 : Trump University Title Slide
Slide 02: The Trump University Apprenticeship Program
Ladies and gentlemen, I'd like to welcome you to our presentation tonight on
behalf of Mr. Donald Trump and Trump University. My name is (lecturer
rranrej. I'm a member of the faculty at Trump University. Let's talk a little
about Donald Trump.
Slide 03 : Trump Montage
Who here thinks they know Donald Trump? Hands up. Very good. Let's play
this little game to get you in the mood of things.
ill

12 1

* * *
I remember one to time Mr. Trump said to its over dinner, he said "real estate
is the only market. that when there is a sale going on people run from the
store". You don't vvKnrt to run from the store.
* * *
First we will show you Donald "Frump's negotiating system. Nobody
negotiates better than Donald. We'll show you how he does it, why he does it,
and how you can make it work for you. We will share with you marketing
pieces for both finding and selling properties, and again I'll say this to you as I
have before. One of the critical things is being able to got out of a property
when the time is right for you. And that is what we'll show you how to do.
* * *
Slide 5 7: Risk Free Guarantee
Making money may not be enough ror some of you. You have lost, thousands
in the markets, but you worry about the $ 1 495 that you pay here tonight-.
('Trial Glasu): Some of you are still worried. You say: I am convinced that
Trump University is the real deal. 1 am convinced that Donald Trump
can teach inc how to make money in real estate. 1 am convinced that I
don't have it chance of recovering my 401 .1 c losses unless I do something.
* * *
8834451
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Slide 58: Take Control of Your Life
When you enroll in Trump University and make use of our systems, specific
knowledge and continuing support, you will be taking control of your life.
You will create a new normal for yourself; one that is much morn enjoyable
and rewarding than Your current situation.
Follow the proven practices, philosophy and guidance of Donald 'frump.
(1 ) Promising students in blogs posted on Trump University's website
that Defendant Trump would be actively involved in Trump University and its
courses:
Trump University rew out of any desire to impart my business
knowledge, accumulat ed over the years, and my realization that there is
a huge demand for practical, convenient education that teaches success.
I want the people who go to Trump University to succeed, and I
plan to do tray part to help them. I'm not just putting my name on this
venture; I plan to be an active presence in the curricula. The website,
www.trumpuniversity.com, will include such features as "Ask Mr.
Trump," in which I answer your questions; the blog you're reading
now; video clips of me; and more. My words, ideas, and image will also
be woven into the courses we create. The reason I'm playing such an
active role in Trump University is that I truly believe in the power of
education.. . . [T]he people who go to Trump University want to be
successful, and I'm on their side.
Another blog written under Defendant Trump's name promised: "Ihave to believe in
whatever Iput my name on, and it has to reflect who I truly am. To do otherwise
would be a disservice to me, my loyal customers, and prospective customers."
(m) Promising that he would personally select and answer students'
questions in a forum called "Ask Donald Trump," when the questions were selected
and the answers written by a same ghost writer (who was not a real estate expert).
883 445 _1
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 13 of 35
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TF& U J4 '

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B. The Truth
22. Defendant knew that these representations were false, that Defendant
Trump was not actively involved in Trump University's Live Events, did not select or
interview Trump University's Live Event instructors or mentors, that Defendant
Trump offered no input into the actual instruction provided to Trump University's
student-victims, that a ghost writer wrote the Donald Trump blogs and wrote most or
all of the answers to the "Ask Donald Trump" questions and that Trump University
did not have a faculty of professors and adjunct professors, but rather independent
contractors paid commissions for sales. In other words, Defendant promised Trump
University, but delivered neither Donald Trump nor a University.
883445_1
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 14 of 35
1

1 . Not Donald Trump

2

23 . Though Defendant Trump represented that he would be so integrally

3 involved that Trump University was effectively learning from him, Defendant
4 Trump's involvement was "completely absent," as Defendant Trump has admitted in
5 court filings. Defendant Trump had virtually no involvement in determining, nor was
6 he even aware of, what the instructors actually taught or what the courses were.
7

24. Though Defendant Trump represented that all of Trump University's

8 instructors would be handpicked by him, thus implying that students would get the
9 next best thing to Defendant Trump himself, it was Sexton and COO David
1 0 Highbloom who interviewed the instructors and was in charge of hiring instructors. It
1 1 was also Sexton not Defendant Trump who would know what, if any, education,
1 2 professional experience, testing, and/or licenses was required of instructors. In most
1 3 cases, Defendant Trump did not even know who the instructors or mentors were, nor
1 4 had he met them.
1 5

25 . Though the entirety of Defendant Trump and Trump University's

1 6 marketing and advertising campaigns were centered around Defendant Trump's real
1 7 estate expertise and access to Defendant Trump's coveted real estate "secrets," Trump
1 8 University did not teach Donald Trump's real estate "secrets" as promised. Rather,
1 9 Sexton (who had no real estate experience) was responsible for compiling course
20 materials and largely handed this task over to third parties in the industry such as
21 Dynetech, Mark Dove, and David Early.
22

2. Not a University
23

26. Though Defendant portrayed Trump University as a University with an

24 admissions process and "Ivy League quality" rivaling Wharton Business School,
25 Trump University was unaccredited and unlicensed to operate as an institution of
26 higher learning. Trump University provided no degrees, no credits, no licenses, nor
27 anything else of marketable value to student-victims.
28
883 445 _1 1 1
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 15 of 35
1

27. Though Donald Trump in the Main Promotional Video and elsewhere
2 represented to would-be students that they would be taught by a faculty of "professors
3 and adjunct professors," Trump University had no such faculty. Rather, the
4 instructors were high-pressure salespeople hired as independent contractors and paid
5 on a commission basis based on the number and amount of Live Event sales made.

28. The Trump University PlayBook (see below) refers to students as

7 "Buyers" and directs "instructors" to prepare to "Sell, Sell, Sell!"
8 C. Trump University "Live Events"

29. Defendant literally had a "PlayBook" for his Scheme and nationwide
1 0 advertising campaign to mislead student-victims. The PlayBook contains a chart
1 1 depicting the upsell scheme executed across the country.

1 2

3 0. Specifically, Defendant first lured consumers in with a free 90-minute

1 3 Live Event called the Preview. The Preview is used to persuade students to purchase
1 4 the $1 ,495 "one year apprenticeship" course called the Fulfillment. If student-victims
1 5 purchased the Fulfillment, Defendant used the Live Event to convince them to
1 6 purchase Trump University's $3 5 ,000 Gold Elite program. Even then, after investing
1 7 nearly $3 6,5 00, students still do not receive Defendant Trump's "secrets" they were
1 8 promised, but are constantly subjected to upsells of additional Live Events, products
1 9 and books.

20

3 1 . The Preview and Fulfillment were standardized through PowerPoint

21 presentations. For the upsell, speakers used standardized slides and worked from the
22 same script. There are detailed instructions in the PlayBook, down to where the
23 speakers and coordinators stand, the temperature of the room and music to be played
24 during the Introduction "Money, Money, Money" from The Apprentice show.

25

1 . The Preview

26

3 2. Trump University conducted a massive advertising campaign with a

27 multi-million dollar annual budget for the Preview, through mainstream newspapers,
28 its website, online newspapers, Facebook, Twitter, YouTube, radio, email blasts, and
883 445 _1 II
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 16 of 35
direct mail. Seven to ten days prior to the Preview, ads proclaimed: Donald Trump is
"ready to share with Americans like you his best advice on investing in today's
`once-in-a-lifetime' real estate market" directly from "Donald Trump's hand-picked
ins tructors a s ys tematic method for investing in real estate that anyone can use
effectively." Defendant mailed letters from Donald Trump inviting consumers to
learn from "one of my world-class instructors" about Defendant Trump's "proven
s ys tem for profitable real estate investing that anyone can use, right away, to score big
profits in today's market." A L.A. Times article quoted Donald Trump as saying that
"[i]nvestors nationwide are making millions in foreclosures ... and so can you!" 3
Other advertisements urged consumers to "Learn from the Master" Donald Trump,"
that "It's the next best thing to being his Apprentice," and promised would-be students
that they would learn "insider success secrets from Donald Trump."
4

E
TRUMP
0.11 ~ nc n! G C '.:'Advice
3 David Lazarus, Trump's a grump about column on his 'priceless' tips, L.A.
Times, Dec. 1 6, 2007, http://www.latimes.com/business/la-fi-
lazarus 1 6decl 6,0,1 67063 3 .column. When Lazarus attended the Pasadena Hilton
Trump seminar, he "learned by attending the seminar the event was a two-hour sales
pitch Tor a three-day workshop that would cost people $1 ,495 ." Id.
4 Screen shot from http://www.trumpurealestate.com/market-
Phoenix.html?cid=726078 (last visited February 3 , 201 0).
5 Screen shot from http://www.trumpuniversity.com/ (last visited February 3 ,
201 0).
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6
3 3 .
At the Preview, students were greeted by a large screen projector and two
tall banners of Donald Trump's photo. The presentation opens with the song "Money,
Money, Money," and the Main Promotional Video is shown.
3 4.
The instructor is introduced as one of Donald Trump's top instructors
who was hand selected because of his expertise and knowledge in the real estate
business.
3 5 .
The speaker induces the audience to trust in the Donald Trump name and
"family" by walking through the history of the Trump Organization and Defendant
Trump's `humble beginnings.' The speaker tells the audience that 76% of all
millionaires are created from real estate that "anyone can do it," and that "it's not
easy, but it's simple if you know what you're doing, and we'll teach you what you
need to know." He states that the mission of Trump University is to "train, educate
and mentor entrepreneurs on achieving financial independence through real estate
investing" the Donald Trump way.
1
6
Screen shot from http://www.trumptactics.com/ (last visited February 3 , 201 0).
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3 6 . The speaker emphasizes that on the television show, "The Apprentice,"
Donald Trump could only work one-on-one with one person a year, so he created
Trump University not to make money for himself, but so that he could teach others.
With this program, "Mr. Trump takes you through an entire apprenticeship for one
year." The speaker emphasizes that "Trump University is owned, lock, stock and
barrel by Mr. Trump it's his `baby,' his company, designed to help him accomplish
his goal of leaving a legacy." The presentation plays on consumers' trust in the
Donald Trump name, The Apprentice show, Defendant Trump's wealth and
Defendant Trump's real estate expertise. Student-victims are shown slides that
portray Trump University as the latest Donald Trump achievement.
7 These and the following slides are from the official approved Trump University
PowerPoint presentation which was presented at a February 1 2 , 2 0 1 0 Preview Live
Event advertised to prospective customers via email blast, and provided in an online
Live Webinar format on or about February 1 2 , 2 0 1 0 .
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3 7. Throughout, the instructor portrays him or herself as knowledgeable in
the Donald Trump way of investing and that he or she is close to Defendant Trump
through firsthand accounts of Defendant Trump.
3 8. The instructor also plays on the fears of the audience, which includes a
significant percentage of senior citizens. "How many of you lost a lot of your 401 k
investment in the market? How many of you are retired or want to retire? How many
of you want to leave a legacy or property to your children or grandchildren?" The
speaker encourages attendees, including the elderly, to cash out their 401 K' s or
increase their credit limits so they can supposedly make a higher return on their
investments in the foreclosure market. Consumers are told these strategies will make
them money they are time-tested strategies that have been in the Trump family for
75 years. Consumers are told they will pay off their credit cards, pay off their cars,
and fully fund their retirement.
883 445 1
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 20 of 35
3 9.
The staff at the Live Events are taught to close sales "armed with
objections and rebuttals" set forth in the PlayBook and to "work the room with special
attention to team members in possession of a credit card that needs to be run."
2. The Fulfillment
40. The Preview was a 90-minute advertisement to persuade attendees to sign
up for the "Fulfillment," which purportedly provides a one-year "Comprehensive Real
Estate Education." However, for $1 ,495 the Fulfillment is a 3 -day workshop plus a
phone number to call a "client advisor." Defendant promises mentors who will be
available for a full year. "Other people don't have anyone to call, but you've got
Trump. You'll call 40 Wall Street and they'll walk you through it." The emphasis is
on persuading consumers that in signing up for Trump University, they can join the
Trump "family."
41 . At the Fulfillment, the Main Promotional Video is shown and/or students
are given personally-addressed letters from Defendant Trump.
42. At the end of Day 1 , the students are asked to fill out a detailed financial
I
goal statement presumably to help them with their financial goals. Instead, these
statements are used for Trump University personnel to assess the liquid assets that
each student has to spend on the next Trump University program.
43 . Students are told at the Preview that the Fulfillment is "all you need."
However, at the Fulfillment, student-victims are told what they really need is the Gold
I
Elite program for $3 4,995 to get a "full education," including a 3 -day in-person
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mentorship with a full year of ongoing support from a Trump handpicked
multimillionaire mentor. To make the upsell, instructors make standardized pitches
using a separate PowerPoint slide presentation.
44.
The PlayBook directed personnel to convince student-victims that the 3 -
day Fulfillment is not enough (even though it was pitched as such at the Preview) and
emphasized that all personnel must follow this procedure to ensure sales of Elite
programs.
45 .
During the Fulfillment, the speakers pressure students to raise their credit
card limits on the pretext of purchasing property. At the end of the workshop,
Defendant's representatives asked students to use their credit cards to purchase the
Gold Elite program for $3 4,995 . If they were unable to persuade students to purchase
at this level (or if students did not have sufficient funds or credit), Defendant's
representatives would encourage the students to purchase the "Trump Silver Elite"
program for $1 9,495 , the "Trump Bronze Elite" program for $9,995 , or an Elite
mentorship for approximately $25 ,000. Each of these prices was pitched as "one-day-
only" sales off the "regular" prices of $48,490 for Gold, $23 ,490 for Silver and
$1 0,995 for Bronze.
46.
Defendant's representatives did not warn students they were likely to
I
incur finance charges, interest fees and late fees by charging the program on their
credit cards, but would tell students they would quickly make the money back.
Defendant's representatives also did not tell students that by increasing their credit
limits, they could damage their credit scores. And Defendant's representatives never
I
warned students that by "maxing out" their credit cards, their credit scores could drop
even more significantly.
3 . The Elite Mentorship Program
47.
The Gold Elite program was sold on the promise of a mentorship with
Defendant Trump's handpicked real estate experts who would personally teach them
883445_1 II
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 22 of 35
Donald Trump's real estate strategies. Instead, none of the mentors was handpicked
by Donald Trump or trained in his investing "secrets."
48. During the Gold Elite program, there was still constant up-sell pressure to
purchase other Trump University affiliate programs and products, varying in price
from $495 to $9,995 . As a result, Class Members could ultimately spend upwards of
$70,000 after being lured in by a free Live Event.
D. Governmental Investigations into Trump University
49. In addition to the actions of the NYSED described above, Maryland and
Massachusetts required Trump University to change its name for all Live Events held
in those states.
5 0. Attorneys General in 1 1 states and the U.S. Department of Justice
received numerous complaints against Defendant and Trump University, and at least
two Attorneys General launched investigations. In January 201 0, Texas Attorney
General Greg Abbott's office launched a probe of Defendant and Trump University's
advertising and business practices after getting two dozen complaints. Abbott said he
was probing "possibly deceptive trade practices" dating back to 2008. Abbott's
investigation resulted in Defendant's ultimate suspension of all Live Events in Texas
in May 201 0.
5 1 . In May 201 1 , the New York State Attorney General's Office also
launched an investigation into whether Donald Trump and Trump University
"engaged in illegal business practices." The investigation was described by the New
York Times as "the latest problem" in "a string of consumer complaints, reprimands
from state regulators and a lawsuit from dissatisfied former students," and was
prompted by about a dozen complaints concerning Trump University that Attorney
General Eric T. Schneiderman found to be "credible" and "serious. " 8
8 See Michael Barbaro, New York Attorney General Is Investigating Trump's
For-P rofit School, New York Times, May 1 9, 201 1 .
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5 2. Florida Attorney General Bill McCollum's office has been reportedly
I
"reviewing" 20 or more complaints from consumers who paid up to $3 5 ,000 for
I various Live Events.
E. The BBB Gives Trump University a Failing Grade
5 3 . The BBB refused to accredit Trump University due to its misleading
I
marketing, explaining that amongst other things, its classification as a
"school/academy/college/university" with "professors" was misleading to a
reasonable consumer.
Another factor contributing to your firm's ineligibility [for
accreditation as a BBB business] is your firm's name "Trump
University " which may potentially lead reasonable consumers to believe
that your firm is an academic institution. As you acknowledged in your
correspondence dated 1 /4/201 0, your firm does not meet the established
definition of a "university." However, your instructors and program
experts are referred to as "professors" and "faculty" in your promotional
materials and on your web site. Both terms are potentially misleading as
they are generally reserved for the teaching and administrative staff and
members holding academic rank in an educational institution.
5 4. The BBB also found Trump University's website misleading in stating:
Trump University's School of Real Estate is accredited and we
back up our assertions with unequalled educational and mentoring tools,
such as retreats, phone and email coaching and on-site coaching, where
we actually send a Donald Trump recommended real estate professional
to your town to work with you for 3 days.
5 5 . In addition, the BBB also found, that Trump University's classification as
a "School/Academy/College/University" is misleading:
[Trump University's] services, as listed in your promotional
materials and on your web site, are inconsistent with the established
definition for this classification as you do not grant academic degrees or
certification and do not appear to have recognized academic charter.
Further, your company does not appear to be recognized as an academic
institution that is accredited by accrediting agencies recognized by the
Secretary of Education.
5 6. For these reasons, along with numerous consumer complaints, the BBB
gave Trump University a "D-" rating. After Defendant changed Trump University's
name in mid-201 0, Defendant demanded an "A+" evaluation, and when the BBB was
~ unable to issue a good "grade" due to ongoing consumer complaints, Defendant
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 24 of 35
11 Trump called the BBB and his lawyer threatened to sue the BBB. As a result, the
21 BBB changed Trump University's "grade" to "NR" for "Not Rated."

RICO ALLEGATIONS
4 A. The Trump University Enterprise

5 7. Trump University, LLC (now The Trump Entrepreneur Initiative LLC) is

6 a limited liability company registered in New York with its principal place of business
7 at 40 Wall Street, New York, New York. Trump University is one of the companies
8 in the Trump Organization conglomerate located in New York, New York. After a
9 related class-action lawsuit was filed in this District, Trump University changed its
1 0 name to "The Trump Entrepreneur Initiative" on or around June 2, 201 0.

1 1

5 8. Trump University has never been an accredited University or held a

1 2 license to operate out of the State of New York as an educational institution. Trump
1 3 University does not offer any degrees, licenses or credits.

1 4

5 9. Defendant Trump and Trump University created a "fictitious office" at

1 5 1 60 Greentree Drive, Suite 1 01 , Dover, Delaware 1 9904, in response to the NYSED's
1 6 demand that it cease operating as a "University" without a license in New York in
1 7 2005 . The Dover address appears on mass emails sent to Plaintiff and the Class.
1 8 However, Trump University has never operated out of Dover, Delaware.

1 9

60. Trump University also maintained a sales call center in Utah.

20

61 . At all times relevant hereto, Trump University conducted substantial

21 business throughout the State of California, including marketing, advertising, and
22 hosting Live Events in San Diego County and all over the State of California.

23

62. At all times relevant hereto, Trump University acted for or on behalf of
24
I
Donald Trump in undertaking the acts and/or omissions alleged herein.

25

63 . Trump University, LLC (now The Trump Entrepreneur Initiative LLC) is

26 an "enterprise" within the meaning of 1 8 U. S.C. 1 961 (4), through which Defendant
27
I
Donald J. Trump conducted the pattern of racketeering activity described herein.
28
I
Throughout its existence, the Trump University Enterprise engaged in, and its
883 445 _1
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 25 of 35
1 activities affected interstate commerce because it involved commercial activities
2 across state lines, including national marketing campaigns, multi-state Live Events,
3 and the solicitation and receipt of money from victims located throughout the country.

64. Defendant Donald J. Trump exercised substantial control over the affairs
5 of the Trump University Enterprise, through among other methods and means, the
6 following:

(a) Providing the initial operating capital and holding an

8 approximately 93 % ownership stake;

(b) Creating and approving marketing and advertising materials, which

1 0 featured his name, likeness (in most), and voice (in the Main Promotional Video);

1 1

(c) Selecting both the original name of Trump University and, five
1 2 years later approving the change to the current name of The Trump Entrepreneur
1 3 Initiative;

1 4

(d) Regularly reviewing financial records; and

1 5

(e) Negotiating and authorizing others to negotiate significant

1 6 contracts, such as the lease for the Enterprise's headquarters.

1 7

65 . Defendant Trump was a knowing and willing participant in the Scheme,

1 8 and reaped revenues and/or profits therefrom.

1 9

66. The Trump University Enterprise has an ascertainable structure separate

20 and apart from the pattern of racketeering activity in which Defendant Trump has
21 engaged. The Trump University Enterprise is separate and distinct from Donald J.
22 Trump.

23

B. Pattern of Racketeering Activity

24

67. Defendant Trump, who is a person associated-in-fact with the Trump

25 University Enterprise, knowingly, willfully, and unlawfully conducted or participated,
26 directly or indirectly, in the affairs of the enterprise through a pattern of racketeering
27 activity within the meaning of 1 8 U.S.C. 1 961 (1 ), 1 961 (5 ) and 1 962(c). The
28 racketeering activity was made possible by the regular and repeated use of the
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 26 of 35
1 ~ facilities, services, distribution channels, and employees of the Trump University
2
I
Enterprise.

68. Defendant Trump committed multiple "Racketeering Acts," as described

4 below, including aiding and abetting such acts.

69. The Racketeering Acts were not isolated, but rather were related in that
6 they had the same or similar purposes and results, participants, victims, and methods
7 of commission. Further, the Racketeering Acts were continuous, occurring on a
8 regular (daily) basis throughout a time period beginning in mid-2007 and, upon
9 information and belief, continuing through at least 201 0.

1 0

70. Defendant Trump participated in the operation and management of the

1 1 Trump University Enterprise by directing its affairs, as described above.

1 2

71 . In devising and executing the Scheme, Defendant Trump and Trump

1 3 University personnel committed acts constituting indictable offenses under 1 8 U.S.C.
1 4 1 3 41 and 1 3 43 , in that he devised and knowingly carried out a material scheme or
1 5 artifice to defraud or to obtain money by means of materially false or fraudulent
1 6 pretenses, representations, promises, or omissions of material facts. For the purpose
1 7 of executing the Scheme, Defendant committed these Racketeering Acts, which
1 8 number in the thousands, intentionally and knowingly, with the specific intent to
1 9 advance the Illegal Scheme.

2 0

72. Defendant used thousands of mail and interstate wire communications to

2 1 create and perpetuate the Scheme through virtually uniform misrepresentations,
2 2 concealments and material omissions.

2 3

73 . Defendant's fraudulent use of the mails and wires included the following
2 4 ~ items and communications sent by Defendant and Trump University personnel, to
2 5 Plaintiff and third parties via U.S. mail, commercial carrier, interstate wire, and/or
2 6 other interstate electronic media:

2 7

(a) Throughout the relevant time period, including on or about the

2 8
I
dates set forth below, Defendant Trump and Trump University personnel, caused to be
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 27 of 35
delivered by mail or by a private or commercial interstate carrier, or received
therefrom, according to the direction thereon, or at the place at which it is directed to
be delivered by the person to whom it is addressed, the items described above,
including those alleged below:
From To Date Description
Donald J. Trump, Art Cohen, March or "Special Invitation from
New York California April 2009 Donald J. Trump" to
attend Preview in
Fremont, California
Donald J. Trump, Sonny Low, March or "Special Invitation from
New York California August 2009 Donald J. Trump" to
attend Preview in San
Diego, California
(b) Throughout the Class Period, including on or about the dates set
forth below, Defendant Trump and Trump University personnel, for the purpose of
executing the above-described Scheme caused to be transmitted in interstate
commerce by means of wire communications, certain writings, signs, signals and
sounds, including those alleged below:
From To Date I Description
Trump University, Art Cohen, California August 26, Email to Art Cohen
New York 2009 regarding link to
Main Promotional
Video
Trump University, Art Cohen, California April 29, Email to Art Cohen
New York 2009 regarding one full
year of ongoing
support
Michael Sexton at David Early, Arizona April 1 4, Email attaching
Trump University, 2009 Preview Script
New York Version 3 .0
Michael Sexton at Mark Anthony, April 1 4, Email attaching
Trump University, California 2009 Preview Script
New York Version 3 .0
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From To Date Description
Michael Bloom, David Early, Arizona; April 1 4, Email regarding
New York Michael Sexton, New 201 0 sales script
York; April B.
Neumann, New York
Art Cohen, American Express, April 2009 Credit card
California North Carolina transaction in the
amount of $1 ,495 for
Art Cohen's
purchase of the
Fulfillment Seminar
Trump University, Art Cohen, California May 1 1 , Email confirmation
New York 2009 of credit card
transaction in the
amount of $3 4,995
for Art Cohen's
purchase of the Gold
Elite program
CLASS ACTION ALLEGATIONS
74. Plaintiff brings this class action on behalf of himself individually and all
others similarly situated, pursuant to Federal Rule of Civil Procedure 23 .
75 . The proposed Class consists of all persons who purchased Live Events
from Trump University throughout the United States from January 1 , 2007 to the
present. Excluded from the Class are Trump University, its affiliates, employees,
officers and directors, persons or entities that distribute or sell Trump University
products or programs, the Judge(s) assigned to this case, and the attorneys of record in
this case. Plaintiff reserves the right to amend the Class definition if discovery and
further investigation reveal that the Class should be expanded or otherwise modified.
76. This action is properly brought as a class action because:
(a) The proposed Class is so numerous and geographically dispersed
throughout the United States that the joinder of all Class Members is impracticable;
(b) The disposition of Plaintiff's and proposed Class Members' claims
in a class action will provide substantial benefits to both the parties and the Court;
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(c) The proposed Class is ascertainable and there is a well-defined

2 community of interest in the questions of law or fact alleged herein since the rights of
3 each proposed Class Member were infringed or violated in the same fashion;
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(d) There are questions of law and fact common to the proposed Class
5 which predominate over any questions that may affect particular Class Members.
6 Such common questions of law and fact include but are not limited to:
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(i) Whether Defendant engaged in a fraudulent scheme;

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(ii) Whether Donald Trump violated 1 8 U.S.C. 1 962;

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(iii) Whether Plaintiff and Class Members have been harmed and
1 0 the proper measure of relief;
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(iv) Whether Plaintiff and Class Members are entitled to an

1 2 award of treble, punitive damages, attorneys' fees and expenses; and
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(v) Whether, Plaintiff and Class Members are entitled to

1 4 equitable relief, and if so, the nature of such relief.
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(e) Plaintiff's claims are typical of the claims of the members of the
1 6 proposed Class. Plaintiff and Class Members have been injured by the same wrongful
1 7 practices of Defendant. Plaintiff's claims arise from the same practices and conduct
1 8 that give rise to the claims of all Class Members and are based on the same legal
1 9 theories;
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(f) Plaintiff will fairly and adequately protect the interests of the Class
21 in that he has no interests antagonistic to those of the other Class Members, and
22 Plaintiff has retained attorneys experienced in consumer class actions and complex
23 litigation as counsel;
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(g) A class action is superior to other available methods for the fair
25 and efficient adjudication of this controversy for at least the following reasons:
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(i) Given the size of individual Class Member's claims and the
27 expense of litigating those claims, few, if any, Class Members could afford to or
28 would seek legal redress individually for the wrongs Defendant committed against
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them and absent Class Members have no substantial interest in individually
controlling the prosecution of individual actions;
(ii) This action will promote an orderly and expeditious
administration and adjudication of the proposed Class claims, economies of time,
effort and resources will be fostered and uniformity of decisions will be insured;
(iii) Without a class action, Class Members will continue to
suffer damages, and Defendant's violations of law will proceed without remedy while
Defendant continues to reap and retain the proceeds of his wrongful conduct; and
(iv) Plaintiff knows of no difficulty that will be encountered in
the management of this litigation which would preclude class certification.
77. Defendant and his agents had, or have access to, address information for
the Class Members, which may be used for the purpose of providing notice of the
class action.
78. Plaintiff seeks damages and equitable relief on behalf of the Class on
grounds generally applicable to the entire proposed Class.
COUNT
Violations of the Racketeer Influenced and Corrupt
Organizations Act, 1 8 U.S.C. 1 962(c)
79. Plaintiff re-alleges and incorporates by reference the above allegations
contained in the paragraphs above as if fully set forth herein.
80. This claim arises under 1 8 U.S.C. 1 962(c), which provides in relevant
Ipart:
(c) It shall be unlawful for any person employed by or
associated with any enterprise engaged in, or the activities of which
affect, interstate or foreign commerce, to conduct or participate, directly
or indirectly, in the conduct of such enterprise's affairs through a pattern
of racketeering activity ...
81 . At all relevant times, Defendant Donald J. Trump was a "person" within
the meaning of 1 8 U.S.C. 1 961 (3 ), because he was "capable of holding a legal or
beneficial interest in property." Defendant Trump was associated with the Trump
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1 University Enterprise and conducted and participated in that enterprise's affairs
2 though a pattern of racketeering activity, as defined by 1 8 U.S.C. 1 961 (5 ), consisting
of numerous and repeated uses of the mails and interstate wire communications to
execute a scheme to defraud in violation of 1 8 U.S.C. 1 962(c).
82. The Trump University Enterprise was created and/or used as a tool to
carry out the Scheme and pattern of racketeering activity.
83 . Defendant Trump has committed or aided and abetted the commission of
at least two acts of racketeering activity, i.e., indictable violations of 1 8 U.S.C.
1 3 41 and 1 3 43 , within the past ten years. The multiple acts of racketeering activity
that they committed and/or conspired to, or aided and abetted in the commission of,
were related to each other, pose a threat of continued racketeering activity, and
therefore constitute a "pattern of racketeering activity."
84. Defendant Trump's predicate acts of racketeering within the meaning of
1 8 U.S.C. 1 961 (1 ) include, but are not limited to:
(a) Mail Fraud: Defendant Trump violated 1 8 U.S.C. 1 3 41 , by
or causing to be sent or received, materials via U.S. mail or sending or receiving, o caus g o ,
commercial interstate carriers for the purpose of executing the Scheme, which amount
to a material scheme to defraud and obtain money on false pretenses,
misrepresentations, promises, and/or omissions. The materials include but are not
limited to, letters promoting the Scheme and bearing Defendant Trump's signature or
image; and
(b) Wire Fraud: Defendant Trump violated 1 8 U.S.C. 1 3 43 , by
transmitting and receiving, or causing to be transmitted or received, materials by wire
for the purpose of executing the Scheme, which amounts to a material scheme to
defraud and obtain money on false pretenses, misrepresentations, promises, and/or
omissions. The materials transmitted and/or received include but are not limited to,
interstate credit card transactions, emails promoting the Scheme, and the Main
I Promotional Video.
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85 . Defendant Trump knowingly and intentionally made these

2 misrepresentations, acts of concealment and failures to disclose. Defendant Trump
3 either knew or recklessly disregarded that these were material misrepresentations and
4 omissions.
5

86. Defendant Trump and Trump University obtained money and property
6 belonging to Plaintiff and the Class as a result of these violations. Plaintiff and other
7 Class Members have been injured in their business or property by Defendant Trump's
8 overt acts of mail and wire fraud.

87. Plaintiff and the Class have been injured in their property by reason of
1 0 Defendant Trump's violations of 1 8 U.S.C. 1 962, including the price paid for the
1 1 Live Events, which collectively amount to tens of millions of dollars, plus interest and
1 2 late fees incurred on their credit cards. In the absence of Defendant Trump's
1 3 violations of 1 8 U.S.C. 1 962, Plaintiff and the Class would not have incurred these
1 4 losses.

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88. Plaintiffs and the Class's injuries were directly and proximately caused
1 6 by Defendant Trump's racketeering activity.

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89. Defendant knew and intended that Plaintiff and the Class would rely on
1 8 the Scheme's fraudulent representations and omissions. Defendant Trump knew and
1 9 intended Plaintiff and the Class would pay fees as a result of same.

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90. Under the provisions of 1 8 U.S.C. 1 964(c), Plaintiff is entitled to bring

21 this action and to recover their treble damages, the costs of bringing this suit and
22 reasonable attorneys' fees.

23

91 . Defendant Trump is accordingly liable to Plaintiff and the Class for three
24 times their actual damages as proved at trial plus interest and attorneys' fees.

25

PRAYER FOR RELIEF

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WHEREFORE, Plaintiff, individually and on behalf of all others similarly

27 situated, pray this Court to enter a judgment against Defendant that:
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A. Certifies the Class under Rule 23 of the Federal Rules of Civil Procedure,
as well as any appropriate subclasses, appointing Plaintiff as Class Representative,
and appointing his attorneys as counsel to represent the Class;
B. Awards actual, compensatory, statutory, consequential damages;
C. Awards punitive and treble damages;
D. Awards equitable monetary relief, including restitution and disgorgement
of all ill-gotten gains, and the imposition of a constructive trust upon, or otherwise
restricting the proceeds of Defendant's ill-gotten gains, to ensure an effective remedy;
E. Awards Plaintiff and Class Members the costs of this action, including
reasonable attorneys' fees and expenses and expert fees;
F. Enjoins Defendant from continuing to falsely market and advertise,
conceal material information from the public, and commit unlawful and unfair
business acts and practices; orders Defendant to engage in a corrective notice
campaign, and requires Defendant to refund to Plaintiff and all Class Members the
funds paid;
G. Awards declaratory relief;
H. Awards pre judgment and post judgment interest at the highest rate
allowed by law; and
I. Grants such further relief as this Court may deem just and proper.
DATED: October 1 8, 201 3 ROBBINS GELLER RUDMAN
& DOWD LLP
JASON A. FORGE
RACHEL L. JENSEN
THOMAS R. MERRICK
/s/ Jason A. Forge
JASON A. FORGE
65 5 West Broadway, Suite 1 900
San Diego, CA 921 01
Telephone: 61 9/23 1 -1 05 8
61 9/23 1 -7423 (fax)
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ZELDES HAEGGQUIST & ECK, LLP
AMBER L. ECK
HELEN I. ZELDES
ALREEN HAEGGQUIST
AARON M. OLSEN
625 Broadway, Suite 1 000
San Diego, CA 921 01
Telephone: 61 9/3 42-8000
61 9/3 42-7878 (fax)
Attorneys for Plaintiff and Proposed Class
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