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
Judge to take defense's motion to end case early 'under advisement'
Judge Arthur Engoron did not immediately rule on the defense's motion for a directed verdict that would end the trial early.
Instead, the judge simply said the arguments were being "taken under advisement."
Wrapping up his argument for a directed verdict, defense attorney Chris Kise channeled some of the rhetoric of his client, praising Donald Trump for helping the community and "reshaping the skyline of New York."
"What building has the attorney general built in this community?" Kise asked.
Trial is a 'documents case,' state lawyer says
State attorney Kevin Wallace, arguing against the defense's motion for a directed verdict to end the trial early, reiterated that the state's case relies on documents that they say incriminate Donald Trump and his adult sons.
"This is a documents case," Wallace said. "Each of the three defendants signed documents saying they were responsible for the fair presentation of the statements."
While the defendants all testified that they relied on accountants, Wallace said by way of analogy that it's like the defense saying that using an accountant absolves an individual of filing false tax returns.
"I am liable for that fraudulence," Wallace said. "I am not relieved of my responsibility because I handed off to an accountant."
Trump's sons caught in political crossfire, defense lawyer says
Clifford Robert, a lawyer for Eric Trump and Donald Trump Jr., argued that his clients were caught in a political "fight between the attorney general and their father" and should be cleared from the fraud case, as part of the defense's motion for a directed verdict to end the trial
"The evidence is clear that my clients had no real involvement in the preparation of the statement of financial condition," Robert said in reference to the allegedly fraudulent documents that are at the center of the New York attorney general's case.
To demonstrate his point, Robert highlighted testimony from six witnesses who attested that Eric Trump and Donald Trump Jr. were not involved in the preparation of their father's financial statements.
No proof Trump engaged in conspiracy, defense argues
Trump attorney Chris Kise, arguing for a directed verdict to end the trial, said that the state relied on the testimony of former Trump lawyer Michael Cohen in an attempt to show that Trump engaged in a conspiracy to defraud lenders -- but that Cohen's inconsistent testimony doomed their effort.
Cohen testified that Trump spoke "like a mob boss" when he indirectly instructed Cohen and then-Trump Organization CFO Allen Weisselberg to inflate his financial statements, without explicitly saying so.
"This is not a man who speaks in code," Kise said, adding that "you will know what it is he wants" within minutes of talking to Trump.
Judge Arthur Engoron responded to Kise by mentioning what Trump called his "perfect call" in 2019 in with Ukrainian President Voldymyr Zelenskiy, which became the basis for Trump's first impeachment, as an example of Trump speaking in code.
Kise said that the only other testimony that suggested there was a conspiracy to defraud lenders came from a junior Trump Organization executive who claimed Allen Weisselberg told him, "Mr. Trump wanted his net worth on the statement of financial condition to go up." Trump's lawyers have argued his testimony should be inadmissible as hearsay.
"Even if it came in, that statement alone is not proof of any agreement," Kise said.
Accounting expert to resume after Trump testifies Monday
New York University accounting professor Eli Bartov will have to return to court on Tuesday to conclude his testimony, after his direct examination ran longer than expected.
After Bartov's direct examination concluded, state attorney Louis Solomon began his cross-examination -- but the parties agreed to adjourn for the day and resume the cross-examination next week.
Donald Trump is scheduled to be the only witness on Monday.
Once Bartov concludes his testimony, New York Attorney General Letitia James plans to present a brief rebuttal case.