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.
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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
Ex-controller, frustrated with probes, breaks down on stand
Former Trump Organization comptroller Jeff McConney broke down on the witness stand during his testimony for the defense, saying that it's "just really frustrating" to have his decades of accounting work called into question by investigators.
McConney said he felt proud of his years at the Trump Organization and testified that he "felt comfortable" with his contributions to Trump's statements of financial condition that are at the center of the case.
"I feel proud of what I did. Numbers don't represent fully what these assets are worth," McConney said.
He threw up his hands and choked up after defense attorney Jesus Suarez asked him why he no longer worked at the Trump Organization. McConney ticked off the list of subpoenas, depositions and investigations he has been part of, and said "I just couldn't do it anymore."
McConney described working at the Trump Organization as being like working with family, and said he "got to do a lot of things that a normal accountant wouldn't be able to do," like takes trips to Atlantic City, attend coworkers' weddings and work on "The Apprentice."
"I just wanted to relax and stop being accused of misrepresenting assets of the company I've been working for," McConney said. "To be hit with a negative comment every time is just really frustrating."
McConney briefly held his head down, wiped his eyes and quietly sobbed. "I'm sorry," he said.
"Mr. McConney, you OK or you need a couple of minutes?" Judge Arthur Engoron asked.
McConney declined to take a break.
Appraisals didn't necessary equate to value, controller says
Longtime Trump Organization controller Jeffrey McConney, in response to the New York attorney general's allegations that the Trump Organization ignored multiple appraisals that would have significantly decreased the value of their assets, testified that some appraisals had specific purposes outside of valuing properties.
"They are done for a specific purpose," McConney said, acknowledging that some appraisals valued overall properties while others were specifically ordered for limited tax purposes.
"Just because an appraisal was done, does not mean it reflects the value of that property," McConney said, explaining that appraisals related to conservation easements were "not done to value the property."
McConney appeared to acknowledge that the Trump Organization choose to ignore a 2015 appraisal that valued its 40 Wall Street property at $540 million, while Trump valued the property in his financial statement at $735 million.
"We didn't think this valuation property reflected what the building was worth," McConney said.
Asked if the Trump Organization provided the appraisal to their outside accountant Donald Bender of Mazars USA, McConney responded, "If he wanted them, he could have had them."
Former controller scheduled to conclude testimony
Former Trump Organization controller and co-defendant Jeffrey McConney is set to return to the witness stand to conclude his testimony this morning.
When he returned to the stand as a witness for the defense yesterday, he testified that he relied on the firm's accountants at Mazars USA to put together the statements of financial condition that are at the center of the case, continuing what appears to be the defense's strategy of placing responsibility on outside accountants.
"Whatever he asked for, we would do," McConney said of longtime Mazars accountant Donald Bender.
McConney is the only witness scheduled to testify before the court takes an extended Thanksgiving break. Once his testimony concludes, the court is set to adjourn until it resumes on Monday following the holiday.
McConney says he corrected inflated value of Ivanka's apartment
The Trump Organization's longtime controller testified that he overvalued Ivanka Trump's apartment in her father's statement of financial condition before correcting the mistake after it was flagged.
New York Attorney General Letitia James alleges that a penthouse apartment rented by Ivanka Trump was valued in Donald Trump's financial statement at $45 million in 2014 and 2015, despite the apartment's rental agreement including an option to purchase the apartment for $14 million.
From 2016 onward, the value of the penthouse in Trump's statements dropped back down the actual buyout price of $14 million, "per rental agreement."
Asked about the change during his testimony today, McConney acknowledged the correction, claiming he did not know about the provision in the rental agreement.
McConney said that once outside accountant Donald Bender of Mazars USA flagged the issue, he promptly made the change in Trump's financial statement.
McConney concluded his testimony for the day and is set to return to the witness stand Tuesday morning.
1st witness eyes Trump's decade-old financial statements
Testifying about the preparation of the Trump Organization's statements of financial condition in 2011, former Mazars USA accountant Donald Bender said Trump executives largely provided the input data for statements, in addition to dictating the standards by which the work was completed.
"We would cut and paste that information into a new worksheet," Bender said about the approach taken by Mazar after receiving new data from co-defendant Jeffrey McConney of the Trump Organization.
When asked about the compliance with the Generally Accepted Accounting Principles -- which Bender testified are the standards for accounting in the United States -- Bender repeatedly placed responsibility in the lap of the Trump organization.
"That was the Trump Organization's responsibility," Bender testified about GAAP compliance.
Bender acknowledged that he rarely questioned the inputs from the Trump Organization, and when he did, he largely dealt with McConney and executives other than Trump and his adult sons.
Repeatedly asked by the state attorney if Mazars would have issued the statements if they had known the Trump Organization included material misrepresentations in their data, Bender reiterated that Mazars would not have issued the statements.
When Judge Engoron remarked at the end of the trial day that the state would still need to present further evidence to prove that the 2011 statement was within the statute of limitations, Trump seized the statement as a partial victory.
"The last five minutes was outstanding, because the judge actually conceded that the statute of limitations … is in effect," Trump told reporters as he was leaving court.
Engoron, however, did not completely rule out the 2011 evidence during trial, instead appearing to remind counsel that they need to show the 2011 statement represents an ongoing concern that falls within the statute of limitations.
Testimony is scheduled to resume on Tuesday at 10 a.m. ET.