Trump's wealthy Cabinet picks will have to divest. But the rules make that a potentially lucrative prospect
Wealth Shift from Wall Street to Washington #
Transitioning from prominent financial positions on Wall Street to government roles in Washington, DC typically involves significant financial and personal adjustments. When a high-profile financier is considered for a position like running the Treasury Department, they might face an annual pay cut of tens of millions. Additionally, they must divest any stock holdings that could present conflicts of interest with their new responsibilities.
Despite these changes, the wealthiest individuals joining government ranks generally find these transitions manageable, as rules established during the Nixon era provide certain benefits. As President-elect Donald Trump assembles what could be the wealthiest Cabinet in US history, with individuals like financier Howard Lutnick and former pro-wrestling executive Linda McMahon being considered for prominent positions, complexities in ethics and conflict of interest laws arise.
Federal ethics laws mandate that senior government officials divest personal stock holdings to avoid exploiting their positions for personal financial gain. Yet, the challenge lies in navigating portfolio divestitures, particularly for Wall Street veterans holding illiquid assets like private equity or private companies. A Treasury nominee would have their financial disclosure reviewed by the Office of Government Ethics to resolve potential conflicts.
Lutnick announced plans to step down from Cantor Fitzgerald and divest his interests. However, divesting can mean various actions, such as transferring assets to family or placing them in trusts, not merely open-market sales.
Most presidents have followed conflict of interest regulations for integrity, although Trump, unlike previous presidents, chose not to sell his real estate assets during his first term. Instead, he placed them in a trust for his children, which led to a legal dispute that was eventually dismissed after he left office.
Certain individuals, like John Paulson, withdrew from consideration for government roles due to complex financial obligations. Prospective officials can benefit from a tax break, using a ‘certificate of divestiture,’ allowing them to avoid substantial capital gains taxes by reinvesting the proceeds from stock sales into government-approved properties. Notably, former Treasury Secretary Hank Paulson capitalized on this advantage, selling his stake in Goldman Sachs before the 2008 financial crisis.
Trump and Vice President-elect JD Vance are exempt from conflict of interest laws as they aren’t classified as government employees, allowing Trump to retain his growing asset portfolio. While uncertainty looms over ethical compliance, particularly with Trump’s history of prioritizing loyalty, federal conflict of interest laws do hold appointees accountable, with breaches potentially investigated by the FBI.