The stakes of Attorney General Barbara Underwood’s lawsuit against President Donald Trump’s charitable foundation could escalate, in the wake of Gov. Andrew Cuomo’s confirmation that a criminal investigation is underway.

Cuomo’s announcement, which clarified a previous statement from his top lawyer that left many scratching their heads, may be bad news for Trump and his children, who ran the foundation, but it could be good news for Underwood if she decides to pursue criminal charges.