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


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Defense calling real estate expert to stand

Donald Trump's lawyers are calling real estate expert Robert Unell as a witness this morning.

Unell is one of several defense experts who submitted reports to the court disputing the New York attorney general's findings that Trump committed fraud in the statements of financial condition he provided to lenders.

"The financial information provided to the lenders was correct in all material respects and contrary to the Plaintiff's allegations, therefore the Defendants did not receive any financial benefits on commercial real estate loans based on the submission of any false, inflated, or misleading valuations," Unell wrote in his expert report.

Unell, in the deposition he gave to the defense, also defended Trump's use of a disclaimer -- which Trump has said is sometimes referred to as a "worthless clause" -- that warned lenders that Trump's statements might contain information that does not comply with standard accounting practices.

"I first read it in President Trump's deposition," Unell said regarding Trump's use of the "worthless clause" phrase. "And it kind of stuck. Because, quite honestly, I had never heard it called that, but it is truly what the meaning of it is."


Trump firm 'in compliance' but under 'enhanced monitoring'

Donald Trump agreed to "enhanced monitoring" of the Trump Organization's finances after the company's independent monitor flagged cash transfers of roughly $40 million over the last 10 months.

Former judge Barbara Jones, the independent monitor requested by the New York attorney general in the case, wrote in a letter to Judge Arthur Engoron that she had identified three separate cash transfers of more than $5 million, totaling approximately $40 million. Jones said the transfers included $29 million in tax payments and roughly $10 million for insurance premiums.

"We have discussed with Defendants why these transactions were not previously disclosed, and I have now clarified (and Defendants have agreed) that all transfers of assets out of the Trust exceeding $5 million must be reported," Jones wrote.

Jones also requested information related to an intercompany loan and flagged the delayed disclosure of tax returns for six of Trump's entities, which defendants acknowledged as their mistake.

"Defendants continue to cooperate with me and are generally in compliance with the Court's orders, and have committed to ensure that all required information, including tax information and cash transfers, are promptly disclosed to the Monitor," Jones wrote.

Addressing a report she issued in August about incomplete financial disclosures by the Trump Organization, Jones added that the Trump Organization took additional steps to remedy and disclose the issue.

"By taking these steps I believe Defendants have resolved the issues identified in the August Report, subject to ongoing monitoring," Jones wrote.


Trump VP walks back testimony suggesting conspiracy

Trump Organization VP Patrick Birney, testifying for the defense, walked back testimony from earlier in the trial about receiving instructions to inflate the value of Trump's assets from the company's former CFO.

"Did Allen Weisselberg ever tell you that Mr. Trump wanted his net worth on the statement of financial condition to go up?" state attorney Eric Haren asked Birney during the state's case.

"Yes," Birney responded, describing that he received the instruction in Weisselberg's office between 2017 and 2019.

During an argument for a directed verdict earlier this month, Donald Trump's attorney Chris Kise cited that as some of the only testimony to support the New York attorney general's allegation that members of the Trump Organization conspired to inflate the former president's net worth.

Returning to the witness stand for the defense's case, Birney suggested that any changes to Trump's financial statement were based on material changes to assets.

"Were you ever directed to increase a number without there being an underlying basis to increase that valuation?" defense attorney Jennifer Hernandez asked.

"No," Birney said.

Judge Arthur Engoron adjourned court for the day after Birney completed his testimony.

"OK, class dismissed," Engoron quipped.


Deutsche Bank expected Trump to value assets fairly, banker says

Former Deutsche Bank managing director Rosemary Vrablic testified on cross-examination by state attorneys that Donald Trump, Ivanka Trump, and Donald Trump Jr. secured private financing using recourse -- meaning they were personally liable for the loan.

"Sorry about the recourse issue -- a dirty word, I know -- but it is a requirement in private banking," Vrablic wrote in a 2011 introductory email to Donald Trump Jr.

Vrablic confirmed that each of the Trumps she worked with -- Donald, Ivanka, and Donald Trump Jr. -- used a personal guaranty to secure better financing terms.

"It gives the flexibility to be creative on some solutions because the person is standing behind it," Vrablic testified.

State attorney Kevin Wallace appeared to focus on the personal guaranty during the cross-examination, with the discussion bringing the focus back on the representation of the value of Trump's assets.

While Vrablic confirmed that she never personally reviewed Donald Trump's statement of financial condition, she said the bank still expected it was accurate.

"You would have had an expectation that a borrower like Mr. Trump would present their financial information fairly?" Wallace asked.

"Yes," Vrablic replied.


Defense expert says Mar-a-Lago was worth $1.2 billion

Donald Trump's Mar-a-Lago Club was worth more than $1.2 billion in 2021 -- roughly double the value listed in Trump's statement of financial condition -- according to defense expert Lawrence Moens.

Describing Mar-a-Lago as a castle nestled on 17.6 acres of waterfront property, Moens said he determined the value by considering nearby properties and adding the total value of the club's 500 memberships, which in 2021 cost $350,000 each.

Between 2011 and 2021, Moens' analysis found that Trump undervalued Mar-a-Lago in his statements of financial condition -- but his analysis appeared to be based on Trump being able to sell the property to an individual to use it as a private residence, which the New York attorney general says Trump is prohibited from doing based on a 2002 deed he signed that would "forever extinguish their right to develop or use the Property for any purpose other than club use."

Judge Engoron only qualified Moens as an expert on the value of residential real estate.

Moens spoke with confidence about his ability to value real estate in Palm Beach, saying that he has sold billions of dollars of real estate since his first sale as a broker in 1982. Asked if any broker has sold more Palm Beach real estate than he has, Moens replied, "They don't exist."

"I am on the front lines everyday of selling properties, and I have a pretty good handle of what is going on currently in the market," Moens said. He later added, "My numbers are usually right."

Moens also put together a seven-minute promotional video about Mar-a-Lago, which was played during his testimony. Set to relaxing music, the video included high-resolution drone shots and dramatic panning shots of the property's amenities. After the video played, Moens highlighted details such as hand-carved stones, gold decorations that cost millions to construct, and other details that required years of work from tradesmen.

"I invited the attorney general's office to come see it anytime. The offer still stands," Moens said. "I will make sure he is not there when you come," he said of Trump.

Engoron appeared attentive to Moen's testimony -- but once Moens left the courtroom, he indicated that he wasn't as concerned about Mar-a-Lago's specific value as he was about whether it was misrepresented.

"I see this case about the documents -- whether the defendants used false documents when transacting business," Engoron said. "I am not trying to figure out what the value is ... I don't necessarily consider it relevant."