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
Closing arguments set for Jan. 11
Judge Engoron has set a date of Jan. 11 for closing arguments in the trial.
Both parties face a noon deadline on Jan. 5 to file their briefs, and closing arguments are scheduled to take place in person on Jan. 11, the judge decided after considering scheduling proposals from both the state and the defense.
Engoron said he plans to issue his decision in the case "a few weeks after" closing arguments.
"I would hope this [January] but no guarantees," Engoron said.
State attorneys had requested closing statements take place Dec. 13, while attorneys for Donald Trump suggested closing arguments be presented 60 days after both parties submitted paper filings.
Judge says he'll 'rigorously' enforce limited gag order
Judge Arthur Engoron warned that he plans to "rigorously" enforce the limited gag order he handed down last month, which prohibits Trump and his attorneys from commenting on the judge's staff, after an appeals court reinstated it this morning.
"I want to make sure all counsel are aware, and they probably already are aware, that this morning the Appellate Division First Department issued a decision vacating the stay on the two gag orders that I imposed earlier on this case," Engoron said in court. "So I intend to enforce the gag orders rigorously and vigorously, and I want to make sure that counsel informs their clients of the fact that the stay was vacated."
"We're aware. It's a tragic day for the rule of law, but we are aware," Kise responded.
"It is what it is," Engoron quipped.
Appellate court reinstates limited gag order
A New York appellate court has upheld the limited gag order imposed by Judge Engoron in the ongoing trial.
The decision reinstates the limited gag order Engoron imposed on Trump and his attorneys prohibiting them from disparaging court staff, particularly his principle law clerk, who has come under attack by Trump on social media.
The limited gag order was temporarily lifted two weeks ago by appellate judge after Trump's lawyers sued Judge Engoron.
Engoron's lawyer wrote in support of the gag order, saying that Engoron and his clerk have been inundated with threats since Trump began his attacks.
"It is ordered that the motion is denied; the interim relief granted by order of a Justice of this Court, dated November 16, 2023, is hereby vacated," the appellate court said in its ruling issued this morning.
Trial isn't likely to conclude until January, says judge
Closing statements in the trial aren't likely to occur until January, according to an updated schedule proposed by Judge Engoron.
The trial was initially expected to wrap up in December.
Rather than have the closing arguments immediately follow the conclusion of the defense's case and a brief rebuttal case by the state, Engoron signaled that he would prefer to receive simultaneous paper briefings from both parties, followed by oral arguments in January.
He did not set a date for the closing statements or oral arguments.
State attorney Kevin Wallace initially requested that Engoron set closing statements for Dec. 13. Donald Trump is set to testify on Dec. 11, and Wallace said the state may to present a brief rebuttal case, including testimony from two witnesses, on Dec. 12.
However defense attorneys suggested that both parties submit paper filings simultaneously, then receive questions from the judge and present oral arguments in 60 days.
"There is just an awful lot of argument to cover," said Trump attorney Chris Kise.
Wallace objected to defense's proposed plan "stretching this out to February," and instead suggested a two-week period after the close of evidence.
"I like the idea of the briefs, then the argument," Engoron said, adding that he would set a "just right" date between the two proposed options.
Defense plans to call Trump Organization's independent monitor
Donald Trump's lawyers plan to call former federal Judge Barbara Jones -- who has served as the Trump Organization's independent monitor since 2022 -- as a witness for the defense case, according to defense attorney Clifford Robert.
Jones was installed as the firm's independent monitor last November at the request of New York Attorney General Letitia James.
Though Jones was not originally included in the defense's witness list, Robert flagged the change to the court near the end of the direct examination of Trump Hotels chief operating officer Mark Hawthorn.
Hawthorn testified that he has regularly met with Jones since her appointment, and that the two have a transparent and cooperative relationship.
"We believe everything they deemed as an objection we have responded to diligently and very accurately," Hawthorn said. "No one from that team has ever communicated to us that they have uncovered fraud or any irregularities."
Jones, however, wrote in an August 2023 report that the Trump Organization provided "incomplete" information and did not consistently provide necessary certifications to lenders, prompting Judge Engoron to chastise the defendants in his summary judgment order.
"Even with a preliminary injunction in place, and with an independent monitor overseeing their compliance, defendants have continued to disseminate false and misleading information while conducting business," Engoron wrote.
Robert did not provide a timeline for when Jones might testify, and state attorney Andrew Amer reserved a right to object to the defense team calling Jones as a witness.