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

Forty-five days after he began his testimony as the third witness in the state's case, former Trump Organization controller and co-defendant Jeffrey McConney has returned to the witness stand for the defense.

When he testified last month, McConney -- who was the primary person responsible for the valuations in Trump's statement of financial statements between 2011 and 2017 -- struggled to recall specific details about the preparation of the financial documents, though he acknowledged he took direction from Eric Trump about the value of a Westchester golf course.

This afternoon, after asking some preliminary questions about McConney's biography, defense attorney Jesus Suarez began asking McConney pointed questions about Mazars USA accountant Donald Bender, another witness in the state's case.

"Whatever he asked for, we would do," McConney said about Bender's role in the process of compiling Trump's financial statement.

State attorney Andrew Amer began his cross-examination of defense expert David Miller by highlighting that his testimony appeared to contradict Miller's own expert report.

During his direct examination, Miller was asked if he has ever seen any insurance underwriters rely on media outlets when reviewing their surety programs.

"Prior to this, no," Miller responded, referencing how underwriters at Zurich cited articles from Forbes and USA Today in their 2021 annual review of Trump's policies.

However, Miller's own report acknowledged that "some underwriters do not require financials and instead use their experience and other means (such as Forbes and USA Today) to satisfy their underwriting needs."

When Amer suggested that the finding in Miller's report appeared to directly contradict his testimony, the defense objected.

"It seems completely inconsistent. What am I missing?" Judge Arthur Engoron responded.

Miller clarified that he has seen underwriters cite external sources like media reports; however, the Zurich document was the first time he specifically saw Forbes and USA Today cited as sources.

Defense witness David Miller, an expert in insurance underwriting, testified that the Zurich insurance company worked with the Trump Organization largely to protect its relationship with their broker, AON Risk Solutions.

"The relationship with AON was very important, and keeping business intact was very important," Miller said about Zurich, which he said made a "business decision" to insure the Trump Organization's properties.

The testimony appears to be a move to weaken the New York attorney general's allegation that the Trump Organization used their inflated financial statements to get progressively favorable surety terms.

Judge Arthur Engoron was skeptical to qualify Miller as an expert before he relented to the defense's request.

"I don't see why you're an expert in what was just said," Engoron said after Miller spent 20 minutes listing his professional experience.

Both Engoron and state attorney Andrew Amer, who called the testimony a "waste of time," criticized Miller's ability to testify about the decisions made by Zurich and AON.

The defense’s case will likely conclude one week ahead of schedule, according to defense attorney Clifford Robert.

Based on the remaining witnesses, the defense team is now planning to rest its case by Dec. 8.

Once the defense rests its case, the New York attorney general has an opportunity to present a rebuttal case, followed by closing arguments from both sides.