Gov. Andrew Cuomo confirmed on Thursday that the state is investigating the charity founded by President Donald Trump and run by his family.

“The state has an ongoing investigation into the foundation and the tax treatment at the foundation and as a matter of policy we don’t comment on ongoing investigations,” Cuomo said.

On Wednesday, Cuomo’s top legal counsel Alphonso David in a statement said the administration was prepared to grant a criminal referral to Attorney General Barbara Underwood in the matter.

“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,” David said.

The attorney general’s office in New York does not have the authority to pursue criminal case unless the governor grants it.

The case stems from a civil lawsuit filed by Underwood in June that alleges the president and the family had used the charity to promote the presidential campaign. The suit also alleges the foundation was used to settle disputes stemming from the Trump Organization.

Trump’s adult children act as the foundation’s directors.

The move comes after attorney general candidate Zephyr Teachout urged Cuomo to grant the criminal referral.