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
Expert acknowledges he didn't review each of Trump's statements
State attorney Kevin Wallace, cross-examining defense expert Jason Flemmons, attempted to challenge Flemmons' testimony by pressing the accountant on his experience with personal financial statements and his work reviewing Trump's statements.
Flemmons testified that he himself had compiled fewer than five statements of financial condition, none of which were done after 2000. He also acknowledged that he did not review each of Trump's financial statements between 2011 and 2021, which are the subject of the New York attorney general's complaint.
Flemmons generally underplayed the importance of the financial statements by suggesting that most issues Wallace raised were "easily curable with a phone call."
Asked if he could provide a specific example where he was involved in such a follow-up inquiry, Flemmons failed to offer an example and instead generally referred to his time working for the Securities and Exchange Commission.
Court was subsequently adjourned for the day, with Wallace scheduled to continue his testimony tomorrow morning.
Trump adequately disclosed accounting methods, expert says
The defense's accounting expert could not identify any departures from generally accepted accounting principles -- known as GAAP -- in Donald Trump's statements of financial condition that were not disclosed, according to his testimony.
"I don't believe I have identified any additional discrepancies with GAAP that were not covered by those disclosures," Jason Flemmons testified toward the end of his direct examination.
Flemmons also testified that the statements appropriately cited their use of appraisals, challenging the state's assertion that Trump ignored vital appraisal information.
"Was the use of appraisals accurately described in the statements?" defense attorney Jesus Suarez asked.
"I believe so. I don't believe there was anything that contradicted the use of appraisals but also other bases for evaluating the properties," Flemmons responded.
Suarez concluded his lengthy direct examination, setting up state attorney Kevin Wallace's cross-examination of Flemmons.
Accounting expert says he's attesting to methodology, not results
After Jason Flemmons, the defense’s expert accounting witness, had testified at length about how Donald Trump's financial statements included adequate disclaimers to explain his departure from normal accounting standards, Judge Engoron interjected to push back on the testimony.
That prompted Flemmons to confirm he is attesting largely to the general accounting methods used by the Trump Organization -- not the specific numbers they provided for each of their assets.
As Flemmons gets further into his second day on the stand, Judge Engoron's initial enthusiasm regarding his testimony appears to be on the wane, with the judge sustaining more of the state’s objections and asking increasingly skeptical questions.
Trump warned lenders statements may be unreliable, expert says
Donald Trump disclosed that 95% of the assets listed in his 2014 statement of financial condition departed from generally accepted accounting principles -- known in the industry as GAAP -- according to the defense's expert witness Jason Flemmons.
The testimony from the defense's accounting expert bolsters Trump's argument that the departures from GAAP in his statements were adequately disclosed to lenders, making the lenders themselves responsible for drawing their own conclusions about the valuations listed in the documents.
It also supports the defense's position that Trump's statements fell within the regulations on personal financial statements, thus shielding him from allegations of fraud.
Cohen says he's 'looking forward' to seeing Trump
Exiting his New York City apartment this morning, Michael Cohen told reporters he was "looking forward" to seeing Trump in court.
"It's been five years since we've been in the same room," Cohen said.
Cohen preemptively defended the credibility of his testimony and reiterated that he previously perjured himself "concert with and for the benefit of Donald J. Trump."
"My credibility should not be in question," Cohen said.
-ABC News' Eric Avram contributed to this report.