The state has opened a tax law investigation into the Donald J. Trump Foundation, a probe which could end in criminal prosecution, a report said on Wednesday night.

The New York State Department of Taxation and Finance wants to know if the president’s foundation violated state tax codes, officials told the New York Times.

Last month, state AG Barbara Underwood filed a civil lawsuit against President Trump and three of his children – accusing them of using the foundation as “little more than a checkbook” for personal benefit, including for the 2016 presidential campaign

Underwood on Wednesday said that civil action could turn criminal.

“We continue to evaluate the evidence to determine what additional actions may be warranted, and will seek a criminal referral from the appropriate state agency as necessary,” said Underwood’s spokeswoman Amy Spitalnick.