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 11, 2023, 12:40 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.

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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 11, 2023, 11:59 AM EDT

Bank relied on Trump's financial statement to secure loan

Deutsche Bank relied on the strength of Donald Trump's "financial profile" when deciding to loan the former president roughly $125 million related to the purchase of the Trump National Doral golf club in 2011, according to retired Deutsche Bank executive Nicholas Haigh.

Haigh testified that because Trump used the golf course and spa as collateral -- relatively "unusual" assets that Deutsche Bank would struggle to sell in the event of a foreclosure -- the bank leaned on the strength of Trump's larger portfolio.

"[Trump] is guaranteeing he will repay our loan -- all the money due on the loan," Haigh said about the terms of the loan. "He is also guaranteeing if the result is losing money, he will pay the cost of that shortfall."

A view of the clubhouse during a practice round at the World Golf Championships Cadillac Championship at Doral Country Club, March 9, 2011 in Doral, Fla.
Mike Ehrmann/Getty Images

Haigh said that he personally reviewed Trump's statement of financial condition when determining whether to sign off on the loan.

"My conclusion was the client owned a lot of real estate, which was not surprising," Haigh said about his findings after reading Trump's financial statement.

Previous witnesses in the trial have offered insights into how Trump's annual financial statement was drafted, finalized, and provided to banks to fulfill loan obligations. Haigh is the first witness to testify from the perspective of the banks, which considered the statements when deciding whether to do business with Trump.

Oct 11, 2023, 10:56 AM EDT

'Nobody forgot to check off a box,' judge says about lack of jury

Responding to lingering questions about the lack of a jury at the ongoing civil trial, Judge Engoron stated on the record that Trump would not have been entitled to a jury trial.

"We are having a non-jury trial because we are hearing a non-jury case," Engoron said, dispelling claims that the trial lacks a jury because Trump's lawyers simply forgot to check off a box or file a motion.

"It would have not helped to make a motion. Nobody forgot to check off a box," Engoron said.

During her opening statement, Trump's lawyer Alina Habba said the former president would have preferred a jury trial, and Trump himself has made multiple posts on his Truth Social platform about the alleged injustice stemming from the lack of a jury.

"The AG checked off non-jury, and there was no motion for a jury," Engoron said about the process in Trump's case -- but he added that if a motion for a jury trial had been filed, he would have rejected it because the attorney general asked for "equitable" relief, which does not entitle participants to a jury trial.

"I would like to say thank you, your honor," Habba said about the clarification.

Oct 11, 2023, 10:36 AM EDT

New York AG not attending trial today

New York Attorney General Letitia James is absent from the courtroom this morning.

James attended the first six days of the trial, which started last Monday.

Former President Trump and Trump Organization VP Eric Trump both attended the first three days of the trial.

Oct 11, 2023, 9:39 AM EDT

Trump used private banking to secure $300M in loans, per AG

While the Trump Organization's relationship with Deutsche Bank goes back 30 years, the attorney general alleges in her complaint that in 2011, Trump began doing business with the private wealth managers at the bank, rather than bankers who specialized in commercial real estate.

"In essence, rather than obtain credit facilities through the wing of Deutsche Bank with an expertise in commercial real estate, Mr. Trump began to seek funds from a wing of Deutsche Bank focused on servicing ultrawealthy clients," the attorney general's complaint said. "Hence, Mr. Trump's personal guaranty, and his representations regarding his finances that backed up that guaranty, featured prominently in Mr. Trump's loan transactions through the [private wealth management] wing of Deutsche Bank."

During the attorney general's investigation, Deutsche Bank credit risk executive Nicholas Haigh told investigators that he "may not have authorized" Trump's loans if he was aware of the inflated values in Trump's financial statements, according to a letter the state submitted to the court.

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