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
Ivanka Trump appeals ruling requiring her to testify
One week ahead of her planned testimony, Ivanka Trump has appealed Judge Engoron's decision to require her to testify in person at the Trump Organization's fraud trial.
Ivanka Trump's lawyer Bennet Moskowitz asked an appellate court to decide whether Engoron has jurisdiction to compel her testimony and whether the trial subpoenas issued by the New York attorney general were properly served.
Ivanka Trump, who is not a defendant in the case, is currently scheduled to testify next Wednesday as the final witness in the attorney general's case before the defense presents its case.
Donald Trump Jr. arrives at courthouse
Donald Trump Jr. has arrived at the New York State Supreme Courthouse with his attorney.
Unlike his father and his brother Eric Trump -- who have visited the courtroom to watch the proceedings – Donald Trump Jr. has not stepped foot inside the courthouse for the trial until today.
A Trump Organization executive vice president, Trump Jr. is scheduled to testify in the case this afternoon.
Defense presses state's expert on his analysis
Defense lawyer Jesus Suarez spent the first hour of his cross-examination working to cast doubt on expert Michiel McCarty's analysis, which found that Trump defrauded lenders out of $168 million in interest.
"Who created the universe of documents for you to review? It was the New York attorney general, right?" Suarez said before launching into a rapid-fire succession of questions regarding which lenders McCarty had spoken to in the course of his analysis.
"Did you ever interview anyone from Deutsche Bank?" Suarez asked.
"No," McCarty said.
"Did you ever interview anyone from Ladder Capital?" Suarez asked.
"No," McCarty repeated.
"Did you ever interview anyone from Mazars," Suarez asked.
"No," McCarty responded.
"Did you ever interview anyone from the Trump Organization?" Suarez asked.
"No," McCarty said again.
Defense assails judge after he tells them to speed up questioning
Only 15 minutes into what is expected to be a three-hour cross-examination, Judge Arthur Engoron snapped at defense lawyer Jesus Suarez for asking redundant questions.
"I see why this is going to take two or three hours. Some questions become three or four more questions," Engoron said, interrupting the cross-examination to request that Suarez shorten his questions.
That prompted Trump lawyer Chris Kise to criticize Engoron for placing an unfair standard on the defense team.
"You never give them speeches. You never limit their questions," Kise said about Engoron's approach to the attorney general's legal team. "I think it's unfair."
Kise stressed that the cross-examination of the state's sole expert witness is particularly important since his testimony is likely to play into the judge's calculation of Trump's potential fine.
"This witness is the only witness they have that even hints ... about ill-gotten gains," Kise said.
Engoron, however, refused to back down.
"I stand by my rulings and statements," the judge said.
Ex-CFO wanted inflated value for Trump Tower, exec says
Trump Organization executive Patrick Birney was once pressured by his former CFO, Allen Weisselberg, to use an unrealistic metric to inflate the value of Trump Tower, Birney testified.
Birney testified that he consulted a generic real estate report to determine a 2.67% capitalization rate to measure the value of Trump Tower -- despite an executive at real estate company Cushman and Wakefield recommending a higher rate, which would have decreased Trump Tower's value.
When Weisselberg and Birney discussed the topic in a Trump Tower restroom, Birney said he encouraged the CFO to use a higher, more realistic capitalization rate that would be more sustainable, in order to maintain the building's value in the future, Birney testified.
"I think he said, just use 2.67%," Birney recalled. "I said I am fine using that capitalization rate, but I am worried that if we are only using 2.67, the building is so old, next year there might not be a cap rate as low as 2.67."
The New York attorney general alleges that Weisselberg "systematically rejected" multiple valuations of Trump Tower in 2019 that would have lowered its value between $161 and $224 million.
Court has adjourned for the day, with Birney scheduled to continue his testimony on Monday morning.