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

The defense's commercial real estate expert pushed back on the state's contention that Donald Trump used fraudulent means to gain access to favorable loan rates through Deutsche Bank's private wealth management division.

Defense expert Robert Unell testified that Trump "clearly qualified" for commercial loans through the bank's private wealth group.

State attorney Kevin Wallace had argued that Trump "lied to the private wealth group to get these loans," which would support an increased fine in the case.

Unell, however, said, "I have not seen or heard any evidence that President Trump did not qualify for the private wealth management group."

Deutsche Bank managing director Dave Williams, whose testimony Unell reviewed before taking the stand, said earlier that Trump easily met the bank's $100 million net-worth requirement for high-net-worth individuals.

Wallace, however, appeared to argue that Trump would have been disqualified from the private wealth division based on the act of submitting an allegedly false financial statement, rather than an inability to meet a net-worth requirement.

State attorney Kevin Wallace, challenging the testimony of an expert witness for the defense, angrily argued that Trump used fraudulent means to gain access to favorable loan rates through Deutsche Bank's private wealth management division.

The exchange came during Wallace's cross-examination of defense expert Robert Unell, who disputed the state's claim that Trump's alleged misstatements cost lenders $168 million in lost interest because, Unell said, the loan rates the state used in their calculation were higher than the rates Trump was entitled to when he used a personal guarantee as a private wealth client.

"Once you are in the private bank, you are in this sort of rarified air, and you get access to these rates ... it is a flawed premise to say you have to compare it to the outside air," argued Trump attorney Chris Kise after Judge Arthur Engoron removed Unell from the courtroom so the attorneys could hash out the permissibility of Wallace's argument.

Shouting at Kise for repeatedly making lengthy objections, Wallace argued that Trump would have not qualified for the private bank rates had he not fraudulently overstated his assets.

"The court has found that Mr. Trump committed fraud," Wallace said. "To get into the private wealth group, he committed fraud."

"He lied to the private wealth group to get these loans. Therefore, we are looking at what the interest rate would have been had he not had access to the group he lied to," Wallace said of the state's calculation.

Overruling Kise's objection, Engoron said that he supported Wallace's theory.

"I think his explanation is correct," Engoron said.

State attorney Kevin Wallace is expected to complete his cross-examination of the defense's expert witness Robert Unell, who yesterday provided the most direct challenge to the state's analysis that found that Donald Trump's misstatements cost his lenders $168 million in lost interest.

New York Attorney General Letitia James is expected to use that lost interest analysis to justify part of the fine she wants to levy against Trump -- also known as a disgorgement -- for his allegedly ill-gotten gains.

Unell testified yesterday that he found the lost-interest analysis conducted by the state's expert Michiel McCarty was inaccurate based on real-world market conditions, including the interest rates used by commercial real estate lenders who are "living and breathing these deals daily."

"I have not seen anything to indicate that was an accurate interest rate," Unell said about the interest rates in the state's analysis.

Judge Arthur Engoron twice interjected during Unell's testimony to suggest that Trump still cost his lenders money, referring back to his partial summary judgment in which he said, "The less collateral for a loan, the riskier it is, and a first principal of loan accounting is that as risk rises, so do interest rates."

Following the adjournment of court for the day, Trump attorney Chris Kise criticized the attorney general's case on the basis of testimony from the Deutsche Bank executives who said they were eager to do business with Trump regardless of the contents of his financial statements.

Echoing past comments, Kise described the case as a "fraud with no victims" in comments to ABC News.

Kise also slammed today's appellate court ruling reinstating Judge Engoron's limited gag orders as a "total breakdown of the rule of law."

"Now you have the front-running presidential candidate who can't even comment about why he thinks he's not getting a fair trial," Kise said about the impact of the ruling.

"I'm not sure how much more absurd it can get for President Trump," he said.