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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'I did not work' on financial statements, Eric Trump says

"Sorry to be brash," Eric Trump began a 2012 email to a board member of a North Carolina golf club that the Trump Organization intended to purchase, according to materials entered into evidence.

The board member had come to New York to review financial documents to be assured the Trump organization had the "financial wherewithal to purchase, renovate and operate the club," state attorney Andrew Amer said while questioning Eric Trump.

Amer contended that meant Eric Trump knew "the company had personal financials available to share with third parties," despite the former president's son testifying that "I don't want to speculate" what was being shared.

"I understood we had financials as a company. I was not personally aware of the statement of financial condition," Eric Trump said. "I did not work on the statement of financial condition. I've been very clear about that."


Eric Trump says he didn't know he was source for valuations

Eric Trump denied knowing that he was cited as a source for Donald Trump's valuation of his Seven Springs estate in New York.

"People ask me questions all the time, but I never worked on the statement of financial condition," Eric Trump said when asked about two phone conversations cited by Trump Organization controller Jeffrey McConney to determine the value of the estate.

While Eric Trump said he had no reason to doubt that the conversations about the estate took place, he denied knowing they were used to value the property in Trump's financial statements.

"I don't believe I ever saw or worked on a statement of financial condition," Eric Trump said.


As heir apparent, Eric Trump could face high stakes

Eric Trump, the heir apparent to the Trump Organization, could face particularly high stakes on the stand.

Gaining power in his family's firm once his father became U.S. president, Eric Trump is responsible for "all aspects of management and operation of the Trump Organization," according to New York Attorney General Letitia James.

While his brother Donald Trump Jr. was sparsely mentioned by witnesses during the first five weeks of the trial, Eric Trump was described by witnesses as involved in the day-to-day operations of the company, as well as leading projects for multiple properties that were allegedly inflated in his father's statements of financial condition.

Unlike his brother Donald Trump Jr. -- who certified those statements between 2016 and 2021 -- Eric Trump is alleged to have signed "several guarantor compliance certificates" for his father, that relied on the financial statements.

"I've done a lot to jog my memory and I simply can't, because I don't think I've had any involvement in the statement of financial condition, to the best of my knowledge," Eric Trump said during the deposition he gave in the course of the AG's investigation.

As part of the penalty she is seeking, James has requested that the court bar Eric Trump -- as well as his brother and father -- from serving as an officer in any New York State corporation or business entity.


Eric Trump takes the stand

"The people call Eric Trump," state attorney Andrew Amer said as Donald Trump's second son took the stand.

"Is it fair to view the hierarchy of the Trump Organization as a pyramid with your father at the top?" Amer asked Eric Trump, an executive vice president with the firm.

"Yes," Eric Trump said. "I worked with many people but ultimately reported to my father."


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."