A government think tank has urged the Department of Justice and the US Office of Government Ethics to investigate whether former President Donald Trump violated federal laws prohibiting government officials from soliciting gifts.
The complaint, filed by Public Citizen on Feb. 5, centers on Trump’s promotion of the Official Trump Memecoin (TRUMP) launched last month.
Ethics concerns
The group’s letter, addressed to John Keller, chief of the DOJ’s Public Integrity Section, and David Huitema, director of the Office of Government Ethics, argues that Trump’s marketing of the meme may constitute unlawful gift solicitation under 18 U.S.C. § 201 and 5 C.F.R. § 2635.
“Federal law strictly regulates payments to government officials, including gifts. Although the president may receive gifts, he may not solicit them.”
Public Citizen claimed that Trump’s promotion of TRUMP following its launch in January constitutes an unlawful solicitation of gifts because it provides no tangible product or investment opportunity in return for the payments received.
According to the website, the meme is largely owned by CIC Digital LLC, an affiliate of The Trump Organization, which is fully controlled by the Donald J. Trump Revocable Trust.
The site describes the meme as a celebration of Trump’s resilience following an assassination attempt on July 13, 2024, and characterizes the asset as “a piece of history” rather than an investment.
However, Public Citizen contends that the memecoin does not constitute a product or service but rather a direct financial benefit to Trump, comparing it to a personal donation rather than a traditional purchase.
According to the complaint:
“A person sending money for a Trump Meme is not purchasing a tangible product. Instead, the person receives only a digital receipt, which is similar to a donor sending a check and receiving digital confirmation.”
Foreign influence
The think tank further raised concerns that foreign entities could be among those purchasing the meme, potentially violating the Constitution’s Emoluments Clause, which prohibits federal officials from accepting gifts or payments from foreign governments without congressional approval.
Public Citizen argued that if such solicitations are allowed to proceed unchecked, they could create a precedent for politicians to solicit funds in ways that circumvent federal ethics laws and campaign finance regulations.
Some crypto analysts and former Trump allies have criticized the initiative. Former White House communications director Anthony Scaramucci likened it to “Idi Amin-level corruption,” while a Washington Post columnist dismissed it as a “sh—coin.”
Public Citizen urged the DOJ and OGE to determine whether Trump’s actions violate federal law and, if so, to recommend appropriate remedies, including halting meme sales and returning funds to buyers.
The DOJ and OGE have not publicly responded to the complaint. Trump’s campaign has also not issued a statement regarding the allegations.
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