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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Ex-CFO OK'd financial documents used to prevent loan default

Ex-Trump CFO Allen Weisselberg testified that he certified that Trump's financial statements were "true, correct and complete" so the documents could be provided to lenders to prevent a breach of contract resulting in a loan default.

"Please see the attached report required per our loan documents, for the above referenced loan," a Trump Organization employee would write to lenders like Wells Fargo, according to examples entered into evidence.

The employee would include a certification, signed by Weisselberg, attesting to the accuracy of Trump's financial documents.

"Did you understand that if you failed to provide this, the Trump organization would be in breach of its obligations under the loan agreement?" state attorney Louis Solomon asked Weisselberg for each email.

"Yes," Weisselberg replied.


Weisselberg says Trump signed off on financial statements

Donald Trump would approve his financial statements before they were finalized between 2011 and 2016, ex-Trump CFO Allen Weisselberg testified.

Weisselberg said that Trump often had feedback about the notes sections of the statements, which contained more detailed descriptions of Trump's properties.

"'Don't use the word beautiful. Use the word magnificent,'" Weisselberg offered as an example of the kind of feedback Trump would provide.

Earlier Tuesday, Weisselberg testified that he did not meet with Trump or attorney Michael Cohen to review the statements. Returning to the topic after the lunch break, Weisselberg described Trump's final review of the document as a regular occurrence before he became president.

"Did you ever send it to the Mazars [accountants] … as a final version before Mr. Trump signed off on it?" state attorney Louis Solomon asked.

"Not that I can remember, no," Weisselberg said.


Ex-CFO suggested 30% 'brand premium' for golf course valuations

Ex-Trump CFO Allen Weisselberg explained the Trump Organization's process for valuing its marquee properties as a complicated, months-long process during which the firm's controller, Jeffrey McConney, would reach out to appraisers and brokers to better determine their value.

"This took months to prepare. It was not a simple task," Weisselberg said, adding that he reviewed McConney's final product at a "30,000-foot level."

But Weisselberg acknowledged that he often intervened in the process to push McConney in a certain direction.

In one example, Weisselberg testified that he suggested McConney add a 30% brand premium for seven of Trump's golf courses -- adding tens of millions of dollars in value without disclosing the reasoning.

"Was the 30% premium you directed Mr. McConney to add to the fixed assets disclosed in the statement of financial condition?" Solomon asked.

"No," Weisselberg said.

During a later portion of his direct examination, Weisselberg testified he sent Trump Organization employee Patrick Birney -- who took over handling Trump's financial statements from McConney -- a newspaper clipping about a nearby Palm Beach property in order to support the valuation of Trump's Mar-a-Lago Club.

"Patrick -- hold for next year DJT f/s, Let's see what it ends up selling for," a handwritten note from Weisselberg on the clipping said.

Weisselberg acknowledged his hesitancy to use that property's asking price to help value Mar-a-Lago.

"Anyone can ask anything for a dollar amount. Doesn't mean it's going to sell," Weisselberg said.


Ex-CFO acknowledges firm's fundamental failures of responsibility

Ex-Trump CFO Allen Weisselberg acknowledged under questioning that the Trump Organization failed to fulfill some of the basic promises detailed in letters between the firm and its external accountant, Mazars USA.

"Do you believe the Trump Organization fulfilled that fundamental responsibility?" state attorney Solomon asked Weisselberg regarding a 2017 letter from Mazars that outlined the Trump Organization's responsibility to select the accounting principles used in financial statements.

"No," Weisselberg responded.

Asked about a separate letter outlining the Trump Organization's responsibility to comply with generally accepted accounting principles, or GAAP, Weisselberg initially suggested that the Trump Organization fully relied on Mazars to comply with the accounting standards.

"We relied on Mazars to understand GAAP," Weisselberg said.

"You were relying on Mazars to make a representation back to Mazars?" Solomon said, prompting Weisselberg to reverse his statement.

When questioned about the seemingly boilerplate accounting obligations to which the Trump Organization agreed, Weisselberg appeared to struggle to articulate who at the Trump Organization fulfilled the basic responsibilities as outlined.


Defense moves for directed verdict to end trial

Former President Trump's defense team has moved for a directed verdict in the trial, arguing that New York Attorney General Letitia James has failed to meet the evidentiary standard necessary for the case to continue.

"The claims of the attorney general involve only successful and profitable loan transactions," defense attorney Christopher Kise argued. "There's no victim, there's no complainant, there's no injury."

Judge Arthur Engoron already determined in a pretrial partial summary judgment that Trump engaged in fraud by duping banks and insurance companies into giving him favorable loan terms based on statements of financial condition that overvalued his assets and inflated his net worth, leaving the trial to determine additional actions and what penalty, if any, the defendants should receive.

The defense is arguing that the state has failed to present evidence that a bank or insurance company complained of fraud or that Trump failed to meet his financial obligations.

"There's no intent to defraud, no defaults, no breach, no unjust profits and no victims," Kise said. "There's no record evidence that anything would have been different with the loan transactions or the insurance transactions."

Defense attorney Jesus Suarez asked Ivanka Trump during cross-examination yesterday what Deutsche Bank executives said after providing the financing for Trump's purchase and renovation of the Doral golf club in Miami.

"They were very happy," Ivanka Trump responded.

"If they believe they're being defrauded by someone, they're not doing business with them," Kise said of the banks.