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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Trump Organization executive says CFO had final say

Trump Organization executive Patrick Birney testified that CFO Allen Weisselberg and controller Jeffrey McConney had the final say on Trump's financial documents when he worked under them.

"I was not the final decision maker," said Birney, who was an assistant vice president at the time.

Birney joined the Trump Organization in 2015, a few years after he graduated from the University of Michigan. He began helping with Trump's statement of financial condition in 2016 and eventually took over preparing the vital financial document, though he acknowledged in court that he initially lacked some basic knowledge about accounting and finance.

Asked if he ever had valued a property using a capitalization rate, he replied, "I don't think so."

Birney said he would often turn to McConney if he needed specific documents, and that he reviewed drafts of the statement with Weisselberg.

"He would review drafts with me that I would provide him," Birney said. He later added, "Allen Weisselberg had the authority to approve everything."


Trump Organization executive takes the stand

Former Trump Organization CFO Allen Weisselberg has completed his direct examination, although he might be called back to testify by either the attorney general or the defense, Judge Arthur Engoron said.

"I am lifting the prohibition on discussing the case with counsel or anyone else," Engoron said about Weisselberg.

Trump Organization executive Patrick Birney, who as assistant vice president took over managing Trump's statement of financial condition after controller Jeffrey McConney, took the stand following Weisselberg.


Ex-Trump CFO testifies about family members' roles

Ex-Trump CFO Allen Weisselberg, under questioning from state attorney Louis Solomon, addressed the degree to which Donald Trump's three adult children -- Don Jr., Eric, and Ivanka -- were involved in the day-to-day running of the Trump Organization during the period from 2011-2022.

"They wanted to get up to speed on how the business was running," Weisselberg said, noting that Trump's run for president accelerated their engagement in the company.

Emails entered into evidence from around that time suggested that the three Trump children requested financial information about the company's operations.

During one email exchange, Weisselberg directly asked Eric Trump to delay paying off a loan related to Trump's Seven Springs estate so it wouldn't affect the former president's cash balance.

"If we have to pay off the loan I would like to do it post June 30th as that is the date of your dad's annual financial statement ... to keep his cash balance as high as possible," the April 2015 email said.


Ex-Trump CFO Allen Weisselberg returns to the stand

Former Trump Organization CFO Allen Weisselberg has returned to the stand, nine months after he was sentenced to five months in prison for evading more than $1.7 million in taxes on unreported income in the form of company-provided perks.

One day before his sentencing in January, Weisselberg signed a severance agreement with his former employer saying that if he complied with all the conditions of the agreement, he would receive $2 million spread out over two years, according to court records.

One of those conditions, state attorney Louis Solomon highlighted in court, prevented Weisselberg from voluntarily cooperating with an investigation of his former company or boss.

"I didn't give it a lot of thought, to be honest," Weisselberg said when asked about the section of the agreement preventing him from cooperating with investigators.

"Is it just a coincidence that under this severance agreement, you are being paid $2 million, which is coincidentally the exact amount you were ordered to pay under your guilty plea?" Solomon asked.

"Coincidence," Weisselberg replied.


Defense to scrutinize Deutsche Bank's due diligence

Trump attorney Jesus Suarez will continue his cross examination of former Deutsche Bank risk management executive Nicholas Haigh when Trump's civil trial resumes this morning.

Deutsche Bank was the Trump Organization's largest single lender between 2011 and 2022, loaning the former president upwards of $300 million through the bank's private wealth management division.

Describing himself as an "ultimate decider" of the loans' riskiness, Haigh testified Wednesday that his decision-making process relied on Trump's financial statements -- documents that the New York attorney general alleges were fraudulent.

"I assumed that the representations of the assets and liabilities were broadly accurate," Haigh said yesterday.

Earlier witnesses have testified about how Trump's financial documents were drafted, finalized, and sent to banks -- but Haigh is the first witness to testify from the perspective of the banks, which the attorney general says were allegedly deceived by Trump's inflated financial statements.

Suarez, during his first hour cross examining Haigh on Wednesday, said Deutsche Bank was a sophisticated company that profited from the loans.

Haigh also acknowledged that the bank failed to conduct its own independent appraisals of Trump's top properties, and did not rigorously examine his financial information.