It's a civil lawsuit. Damn you fuckers are ignorant.
"Based on her findings, James has the authority to file a civil lawsuit but cannot pursue criminal charges — in other words, if any of the Trumps ever end up behind bars, it won't be over this. James is, however, also involved in a criminal tax-avoidance investigation into the Trump Organization led by Manhattan District Attorney Alvin Bragg.
After receiving his subpoena last month, President Trump filed a lawsuit contending that James' investigation was "guided solely by political animus." The lawsuit, to which James' office has not yet responded in court, also claims that any testimony the former president gave in the civil inquiry might then be used against him in the criminal investigation, thus violating his Fifth Amendment right against self-incrimination."