WHEELING — A petition for contempt has been filed in Ohio Circuit Court regarding a former adviser to President Donald Trump.
Healy Baumgardner petitioned the court for issuing a Rule to Show Cause requiring Paul Harris, the former trustee of the Nardone Family Trust, to show cause why he should not be held in contempt for his failure to abide by the court’s order that was entered May 11.
Baumgardner filed the petition of contempt in Ohio Circuit Court on Aug. 25. She says the court entered an order to enforce the settlement in a 2017 case in May and Harris has yet to produce several key documents he was required to provide.
Harris
"In response to the order, Mr. Harris has produced: (a) federal tax returns for the years 2019 and 2020; (b) a self-created list of payments supposedly made on behalf of the trust; (c) copies of checks drawn on the account of 'Paul J. Harris, Attorney at Law,' i.e. Mr. Harris’ law firm’s business account suggesting that for years trust proceeds were deposited into Mr. Harris’ account and not the trust account; and (d) documents from the trust’s bank account dated November 2021 and later, after the parties had reached a settlement," the petition states.
He has not provided account statements from the trust’s banking accounts beginning in 2013; canceled checks drawn on the trust’s accounts; receipts and invoices from the trust; federal and state tax returns for the years 2013 through 2018; memos, letters, agreements and contracts related to the trust; and all assets and receipts of the trust and all disbursements from the trust from 2013 to the present, according to the petition.
Baumgardner asks the court to find Harris in contempt and fine him $1,000 per day until he complies with the court order. She is represented by Mike Kelley of Ray Winton & Kelley in Charleston.
Ohio Circuit Judge Jason Cuomo granted an order to enforce the settlement agreement in the 2017 case in May, finding Baumgardner's renewed motion to enforce the settlement and her petition to appoint a successor trustee both were meritorious. His order, signed May 11, also removed Harris as the trustee.
"The Nardone Family Trust and Emil Nardone shall forthwith comply with all information and document requests made by the Appraiser necessary for the valuation, marketing and sale of the property, including the hiring of a surface realtor and surface appraiser (the latter to be paid by the Trust)," Cuomo wrote in the order filed in Ohio Circuit Court. "The Trust shall forthwith pay to Respondent her March, April and May 2022 royalty payments."
Cuomo also found that beginning with the June royalty payment, the lessor, XTO, shall directly pay Baumgardner her monthly one-half royalty payments and not make her payment to the trust.
The trust, when issuing Baumgardner's royalty checks, failed to promptly issue the checks and would sometimes be several months behind. It also began issuing her checks to her maiden name — Baumgardner — which she uses publicly, instead of her legal name — Nardone.
Cuomo appointed Patrick J. McDermott as success trustee for the trust.
On May 3, the Nardone Family Trust filed a response to Baumgardner’s renewed motions to enforce the settlement agreement and remove Harris as the trustee.
The parties' settlement agreement provides that Baumgardner was to select the appraiser for the real property in Belmont County, Ohio, but, according to the response, she still had not as of May 3.
Harris resigned as trustee effective May 3, saying the resignation was necessary as he will be a material witness in subsequent litigation, according to the response.
Harris had 30 days to turn over all documents and information related to the trust, such as bank accounts, check history and canceled checks.
Baumgardner advised Trump during his 2016 presidential campaign, and she previously worked on Rudy Guiliani’s 2008 presidential campaign. She also served in the 9/11 White House.
Ohio Circuit Court case number: 17-C-95
