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WASHINGTON (Reuters) – New York Governor Andrew Cuomo on Wednesday opened the door to a possible criminal case against the Donald J. Trump Foundation with a statement from his counsel that Cuomo was prepared to provide a criminal referral if asked.

“At Governor Cuomo’s direction, the state stands ready to provide the Attorney General with the appropriate criminal referral on this matter if and when she asks for it,” Alphonso David, the governor’s counsel, said in a statement.

The state’s attorney general, Barbara Underwood, filed a civil lawsuit against President Donald Trump, three of his children and his foundation in June, saying Trump had illegally used the nonprofit as a personal “checkbook” for his own benefit, including his 2016 presidential campaign.

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Underwood would need a criminal referral to file a criminal suit.

(Reporting by Karen Freifeld; Writing by Tim Ahmann; Editing by Eric Beech)