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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Judge denies Trump's request for mistrial

Judge Arthur Engoron denied Donald Trump's request for a mistrial, describing the defendants' arguments as "nonsensical," "disingenuous," and "utterly without merit."

Engoron rejected the motion without hearing any arguments from the New York Attorney General, who earlier this week requested that an extended briefing be scheduled.

"I cannot sign a proposed order to show cause that is utterly without merit, and upon which subsequent briefing would therefore be futile," Engoron wrote in his ruling.

Across a four-page order, Engoron sharply disagreed with the allegations from the defendants that he was engaging in "co-judging" with his law clerk.

"As I have made clear over the course of this trial, my rulings are mine, and mine alone. There is absolutely no 'co-judging' at play," Engoron said.

Addressing his principal law clerk's political donations, which the judge said she has largely made in order to purchase tickets to functions while pursuing elected judicial office, Engoron called out the defendants for failing to acknowledge the "applicable unambiguous ethical guidelines" that permit such donations. He similarly dismissed the idea that his clerk attending events sponsored by political organizations implies that she supports any position taken by those groups.

"Such arguments are nonsensical; and in any event, they are a red herring, as my Principal Law Clerk does not make rulings or issue orders -- I do," Engoron said in his ruling.

Court was subsequently adjourned for the day.


Defense expert questions insurance company's due diligence

The due diligence conducted by the Trump Organization's insurance company amounted to nothing more than "airballs and witchcraft," according to the defense's underwriting expert Gary Giulietti.

Giulietti's testimony appeared to cast doubt on the extent to which the Zurich Insurance Group scrutinized Trump's financial documents that are at the center of the case.

In a deposition that was played earlier in court, Zurich insurance underwriter Claudia Mouradian said she relied on assurances that the Trump Organization's $6 billion in assets were supported by appraisals.

"They should have asked if they wanted it," Giulietti testified, adding that Zurich's approach of relying on media reports about Trump's net worth was "inconsistent" with industry standards.

Giulietti acknowledged that he had an ongoing business relationship with Trump, including making $1.2 million in commissions from the company in 2022. A personal friend of Trump, Giulietti confidently defended his business record on the stand.

"You're sort of insulting me aren't you?" he said after state attorney Andrew Amer, on cross-examination, questioned his qualifications as an expert witness. "There's no one like me in the industry."

He later said he was sorry for his response.

"I would like to apologize to the counsel. Not my style," he told Amer.


Defense expert appears to contradict his own findings

The cross examination of the defense's real estate expert, which was expected to last at least two hours, ended abruptly after he appeared to contradict his own findings in the expert report he had compiled.

Steven Laposa testified yesterday that he believed the attorney general's report was "flawed" because it was based on the market value of Trump's assets, rather than their investment value, which could be much higher.

Minutes into his cross-examination, state attorney Louis Solomon requested that Laposa read the second sentence of the notes section of Donald Trump's statement of financial condition.

"Assets are stated at their estimated current values," the note said, referring to the properties' market value.

"First time I've seen this," Laposa responded after reading the note, which supported the attorney general's contention that the valuations were indeed based on market values.

"You wrote a report accusing the attorney general of bias" by using market values, Solomon lectured Laposa, prompting a sustained objection from the defense.

Solomon's cross-examination of Laposa concluded after the exchange.


Judge limits testimony about 'trophy properties'

The defense's real estate expert Steven Laposa resumed his testimony this morning by testifying about Donald Trump's "trophy properties."

Under questioning from the defense, Laposa explained that certain unique and iconic properties could be classified as trophy properties, which are generally purchased by a smaller pool of real estate investors. Trump's lawyers have claimed that the former president's assets include multiple trophy properties that were undervalued in his financial statements.

When Laposa attempted to describe how trophy properties are generally valued differently compared to normal buildings, state attorney Louis Solomon objected to the line of questioning, calling it a "waste of time."

Judge Arthur Engoron sustained the objection.


'I don't remember,' McConney says about Mar-a-Lago valuation

Earlier in his testimony, before breaking down on the witness stand, longtime Trump Organization controller Jeff McConney drew a blank when asked why Trump's Mar-a-Lago property was valued in Trump's statements of financial condition as a private residence rather than a social club -- a central allegation levied by the New York attorney general.

The property was valued in excess of $500 million on the basis that it could be sold as a private residence -- despite Trump signing a deed in 2002 with the National Trust for Historic Preservation that exclusively limited the property to being used as a club. The Palm Beach County Assessor subsequently appraised the market value of the club at less than $28 million, significantly lowering Trump's tax burden.

"I don't remember off the top of my head," how the property ended up being valued on Trump's financial statements as a residence, McConney said, confirming that was the case.

He testified that he could not remember having a specific conversation with outside accounting firm Mazars USA about the approach to valuing Mar-a-Lago.

While McConney could not recall why the decision to value the property as a private residence was made, he said that he used a reasonable approach to determining a price-per-acre based on nearby property sales. He said that their comparable property approach resulted in a $50 million decrease in value between 2014 and 2015.

"Our intention was always to reflect as best we could the value of these properties," McConney said.