Trump civil fraud case: Judge fines Trump $354M, says frauds 'shock the conscience'

The former president was found to have defrauded lenders.

Last Updated: October 3, 2023, 2:37 PM EDT

Former President Donald Trump has been fined $354.8 million plus approximately $100 million in interest in a civil fraud lawsuit that could alter the personal fortune and real estate empire that helped propel him to the White House. In the decision, Judge Arthur Engoron excoriated Trump, saying the president's credibility was "severely compromised," that the frauds "shock the conscience" and that Trump and his co-defendants showed a "complete lack of contrition and remorse" that he said "borders on pathological."

Engoron also hit Donald Trump Jr. and Eric Trump with $4 million fines and barred all three from helming New York companies for years. New York Attorney General Letitia James accused Trump and his adult sons of engaging in a decade-long scheme in which they used "numerous acts of fraud and misrepresentation" to inflate Trump's net worth in order get more favorable loan terms. The former president has denied all wrongdoing and has said he will appeal.

Top headlines:

Here's how the news is developing. All times Eastern.
Feb 16, 2024, 4:07 PM EST

Summary of penalties

Donald Trump and his adult sons were hit with millions in fines in the civil fraud trial and barred for years from being officers in New York companies. The judge said the frauds "shock the conscience."

Donald Trump: $354 million fine + approx. $100 million in interest
+ barred for 3 years from serving as officer of NY company
Donald Trump Jr.: $4 million fine
+ barred for 2 years from serving as officer of NY company
Eric Trump: $4 million fine
+ barred for 2 years from serving as officer of NY company
Former Trump Organization CFO Allen Weisselberg: $1 million fine
+ barred for 3 years from serving as officer of NY company
+ barred for life from financial management role in NY company
Former Trump Organization controller Jeffrey McConney:
+ barred for 3 years from serving as officer of NY company
+ barred for life from financial management role in NY company

Oct 03, 2023, 2:37 PM EDT

Trump says he's attending trial to 'expose' AG

Former President Donald Trump said he is attending his civil trial to "expose" New York Attorney General Letitia James, during an exchange with ABC News.

Asked by ABC News' Aaron Katersky why he was attending the trial even though he's not required to be there, Trump replied, "Because this trial is a rigged trial. It's a fraudulent trial."

"The attorney general is a fraud, and we have to expose her as that," Trump said after exiting the courtroom for the afternoon break. "You see what's going on. It's a rigged deal."

James has said of her probe, "No matter how powerful you are, no matter how much money you think you may have, no one is above the law."

The statements from Trump follow the conclusion of the state's lengthy direct examination of longtime Mazars accountant Donald Bender, who testified about the procedures Mazars and the Trump Organization used to compile a central piece of evidence in the case -- Trump's statements of financial condition between 2011 and 2020.

Former President Donald Trump appears in court for a civil fraud case at a Manhattan courthouse, in New York, on Oct. 3, 2023.
Dave Sanders/Pool via AP

Trump appeared attentive during the testimony, often studying the exhibits displayed on the court's screens -- including a recurring spreadsheet titled "Jeff Supporting Data" prepared by co-defendant and Trump Organization executive Jeffrey McConney, which contained the source information for the financial statements.

Bender testified about a specific red notation spelled "PBC" that appeared on the Excel file across multiple years. The notation -- indicating that the files were "Prepared By [the] Client" -- seemed to emphasize how much of the accounting was done by the Trump Organization rather than Mazars.

Testifying about letters of representation issued by the Trump Organization in support of the statements, Bender addressed specific language in the letter stating that the Trump Organization had included all the relevant records and data needed for the statements.

"We have not knowingly withheld from you any financial records or related data that in our judgment would be relevant to your compilation," the letter read.

But Bender testified that he later learned that meaningful information was indeed omitted -- information he said he learned in 2021 during meetings with prosecutors.

When asked repeatedly if Mazars would have issued the statements if they knew the Trump Organization had withheld information, Bender repeated that Mazars would not have issued the statements.

-ABC News' Aaron Katersky, Jack Feeley and Peter Charalambous

Oct 03, 2023, 12:49 PM EDT

Judge mixes focus, humor on the bench

Justice Arthur Engoron appears to be enjoying his time overseeing the trial today, including correcting the attorneys for the state on minor issues.

"The correct word is withdrawn, not strike," Engoron interjected at one point, after a state attorney attempted to "strike" the record so he could rephrase a statement.

PHOTO: Former President Donald Trump and Justice Arthur Engoron of the state Supreme Court listen to opening arguments from his lawyer Alina Habba, during the trial of Trump, his adult sons, the Trump Organization and others in a civil fraud case
Former President Donald Trump and Justice Arthur Engoron of the state Supreme Court listen to opening arguments from his lawyer Alina Habba, during the trial of Trump, his adult sons, the Trump Organization and others in a civil fraud case brought by state Attorney General Letitia James, at a Manhattan courthouse, in New York City, Oct. 2, 2023 in this courtroom sketch.
Jane Rosenberg/Reuters

Later, Engoron smiled and signaled a thumbs-up when the same attorney adjusted his language and "withdrew" his words from the record to rephrase.

The veteran justice, who has served on the bench in New York for more than 20 years, has a reputation as a reliable albeit unusual judge, according to past and former associates.

Oct 03, 2023, 12:19 PM EDT

Trump calls case a 'scam,' says he might testify

Exiting court during the break, Trump told reporters positioned nearby that the financial statements being reviewed in court included disclaimers, which his legal team has argued absolves him of wrongdoing.

PHOTO: Former President Donald Trump speaks at a Manhattan courthouse, where he attends the trial of himself, his adult sons, the Trump Organization and others in a civil fraud case, in New York, on Oct. 3, 2023.
Former President Donald Trump speaks at a Manhattan courthouse, where he attends the trial of himself, his adult sons, the Trump Organization and others in a civil fraud case brought by state Attorney General Letitia James, in New York, on Oct. 3, 2023.
Eduardo Munoz/Reuters

"This case is a scam," Trump said during his walk back to court.

When asked if he would consider testifying, Trump said he might.

Oct 03, 2023, 12:14 PM EDT

Ex-accountant addresses 2012-2016 financial statements

An attorney with for the New York attorney general's office spent the first hour of direct examination methodically walking Mazars accountant Donald Bender through the Trump Organization's financial documents from 2012 through 2016.

This courtroom sketch shows Judge Arthur Engoron listening to testimony from accountant Donald Bender during the fraud lawsuit trial of former President Donald Trump, Oct. 2, 2023, in New York.
Elizabeth Williams/AP

As he addressed each document, Bender reiterated that the Trump Organization and its trustees were responsible for the accounting principles used in the records, the disclosures in reports, and the information from which the reports were based.

The state appears to be using Bender's testimony to not only get Trump's financials statements into evidence, but also to demonstrate the relatively consistent process the Trump Organization used to compile and finalize their statements of financial condition over a decade.

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