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

The former president was found to have defrauded lenders.

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.


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


Ivanka Trump sought lower net worth requirement for loan

In 2011, as the Trump Organization sought financing for its purchase and renovation of the Doral golf club in Miami, Deutsche Bank agreed to loan Trump the necessary funds, with one critical catch -- the deal would be secured by Donald Trump's net worth.

"Is DJT willing to do that? Also, the net worth covenants and DJT indebtedness limitations would seem to me to be a problem?" Trump Organization executive Jason Greenblatt wrote in an email to Ivanka Trump and CFO Allen Weisselberg that was entered into evidence. The arrangement required Trump to maintain a net worth of $3 billion.

Trump's 2011 statement of financial condition, one of the documents the New York attorney general alleges contained fraudulent valuations, listed his net worth as more than $4 billion. However Ivanka Trump asked Deutsche Bank to lower the amount of wealth her father would have to maintain, according to an email exchange entered into evidence.

"As I said before, I don't recall the net worth covenant," Ivanka Trump testified.

She proposed $2 billion, emails show. Deutsche Bank ultimately settled for $2.5 billion.


Courtroom reflects Ivanka Trump's calm demeanor

Ivanka Trump flashed a smile at Judge Engoron when he recommended to her that, when reviewing evidence, it would be easier for her to look at the big screen set up in the courtroom instead of the papers in her lap.

"Thank you," she said with a laugh.

Unlike her father, who roiled the judge and tangled with state attorneys during his testimony Monday, Ivanka Trump is reserved and soft spoken on the stand, at times speaking so quietly in answering questions that it's hard to hear her.

The entire courtroom appears to be following her tone, with Judge Engoron and attorneys from both side conducting themselves calmly even when objections are raised.


Asked about 2011 emails, Ivanka Trump says they're hard to recall

Asked about business negotiations from 2011, Ivanka Trump has been struggling to recall the details of her interactions from 12 years ago.

"I don't recall, sitting here today, seeing these terms from 2011," she responded after being shown a 2011 email to an Inbursa Bank representative. "I don't remember having these conversations other than on a very high level."

She has been punctuating her testimony with subtle indicators of how far removed she is from deals and documents discussed in court.

"I believe it was the ninth month of pregnancy of my oldest daughter," she remarked after she was shown another document from 2011.

When asked about other documents, she added it was hard to remember "after all these years removed" or that she can only "recall you reminding me of that discussion."



'My father will send you' his statement, Ivanka Trump said in email

Poised and patient on the witness stand, Ivanka Trump described how her husband, Jared Kushner, introduced her to Deutsche Bank's private wealth management division, for which she later became the Trump Organization's liaison and worked to arrange financing for the firm's purchase of the Doral golf club in Miami.

She was shown an email in which she told a different potential lender that "my father will send you his most recent financial statement," a potential indication of the document's importance despite former President Trump's prior testimony that the banks didn't care about his financial statements when deciding whether to loan him money.

"They were just something that you would have," Trump said during his testimony Monday about the statements at the center of the case.


Golf club's purchase price was inflated to cover refunds

When the Trump Organization purchased their golf course in Jupiter, Florida, in 2013, they paid $5 million for the club, longtime Trump Organization controller Jeff McConney testified.

But when they put the property in their books, they listed the purchase price at $46 million, said McConney.

The $41 million jump in price was attributed to the potential that Trump would have to pay back the purported "refundable" fees paid by each of the club's members, according to McConney.

While listing $46 million as the total purchase price, the Trump Organization failed to account for the $41 million dollars in fees on the liability side of the company's books, said state attorney Andrew Amer.

"Even if they do have to repay at some point in time, that is way out in the future, correct?" Amer asked, which McConney conceded was the case.