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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Expert witness may take the stand Wednesday before Don Jr.

Day 20 of the trial wrapped up with testimony from former Trump Organization vice president David Orowitz, who testified about what he said was Ivanka Trump's significant involvement in loan negotiations related to Trump's Doral Golf Club in Miami and the Trump International Hotel in Chicago over a decade ago.

Ivanka Trump, who at the time was a vice president in the Trump Organization, was dismissed from the AG's lawsuit in June because she was no longer with the firm by 2016 -- though she is still scheduled to testify next week as the final witness for the state's case.

State attorneys had initially planned to complete the testimony of Orowitz, as well as that of expert witness Michiel McCarty, by the end of today -- but Orovitz's lengthy testimony kept that from happening.

As a result, their remaining testimony will either delay tomorrow's much-anticipated testimony from Donald Trump Jr. -- or it will be pushed to a different day.


Banker says Trump declined to share financials in Bills' bid

After claiming a net worth of $8 billion, Donald Trump declined to share his financial statements with bankers related to his $1 billion bid to purchase the Buffalo Bills football team in 2014, according to documents presented at trial and testimony from Morgan Stanley executive K. Don Cornwell.

Of the 86 parties contacted to potentially bid on the Bills, Trump was one of six parties to make a final bid, according to a Morgan Stanley document shown at trial.

However, when Morgan Stanley attempted a close review of Trump's bid, Trump declined to provide his financial statements.

"We feel it is premature to sign the consent release forms until such time as we know that Mr. Trump is the final bidder," then-Trump attorney Michael Cohen said in a 2014 email shown at trial.

During a management presentation with Bills' leadership, Trump instead handed out a Forbes magazine list to support his bid, according to Cornwell.

"He gave us handouts of the Forbes list of the top-paid entertainers," Cornwell said.

Trump eventually lost his bid to purchase the football team to billionaire Terry Pegula, who outbid Trump by $400 million.

During cross-examination, Cornwell acknowledged that a lawsuit Trump previously brought against the NFL, as well as his affiliation with casinos, also limited the likelihood of his success.

"You thought that President Trump had little chance of being approved by the NFL?" defense attorney Ivan Feris asked.

"Yes," Cornwell replied.

Trump's lawyers have argued that his bid to purchase the Bills -- which has featured prominently in the testimony of other witnesses -- is irrelevant to the conduct alleged in the attorney general's lawsuit.

"It is the defense position that none of this relates to a cause of action in this case," Feris said.


'Trick or Treason,' say demonstrators outside courthouse

Attorneys involved in the case were greeted outside the courthouse this morning by nearly a dozen demonstrators wearing Halloween masks and carrying signs that read "Trick or Treason" and "Trump is a Horror Show."

"We came out because it's Halloween, and our theme is 'Trick or Treason,'" said organizer Jamie Baur of the group Rise and Resist. "We come out on different days, both to challenge [Trump's] lawyers and make sure they know that we hold them accountable for trying to defend the indefensible."

The group has demonstrated outside Trump's civil trial half a dozen times, in addition to holding weekly protests outside Fox News, according to Baur.

"They basically defrauded our state of lots and lots of money and [I am] hoping to see the judge get justice for their state taxpayers and residents," demonstrator Rick Weisfeld said.


Judge says fining Trump for illegal profits is 'an available remedy'

Judge Engoron, in an exchange with defense attorneys regarding the state's expert witness, said that levying fines against Trump -- one of the central issues being decided at this trial -- is "clearly an available remedy" despite the defense's contention otherwise.

Engoron already ruled in a partial summary judgment that Trump had submitted "fraudulent valuations" for his assets, leaving the trial to determine additional actions and what penalty, if any, the defendants should receive.

Engoron's observation came during the defense's effort to preclude testimony from the attorney general's expert witness. In denying their effort, the judge also shot down the defense's argument that disgorgement -- fining Trump for illegal profits -- is off the table.

"For reasons this court has explained ad nauseam, that view is simply incorrect," Engoron said. "Disgorgement is a clearly available remedy."

Trump attorney Chris Kise countered that the state has failed to prove that banks would have done anything differently had they known Trump's statements were fraudulent. Kise specifically cited the testimony of Deutsche Bank executive Nicholas Haigh, who testified that loaning money to Trump was a "good credit decision."

"Several witnesses have testified that they would have acted differently had they known the statements of financial condition were fraudulent," Engoron responded.

"I think, to a certain extent, the defendants are whistling past the graveyard here," the judge added.


Judge fines Trump $354 million

Former President Donald Trump must pay $354 million for fraudulent business practices, Judge Arthur Engoron has ruled.

Trump's sons Donald Trump Jr. and Eric Trump have been fined $4 million apiece, and former Trump Organization CFO Allen Weisselberg has been fined $1 million.

The decision bars Trump barred from serving as an officer of a New York company for three years, and bars his sons for two years apiece.

Regarding the dissolution of Trump's companies, the decision says, "This Court hereby modifies its September 26, 2023, Decision and Order solely to the extent of removing the language ordering the LLCs cancellation en masse. The restructuring and potential dissolution of any LLCs shall be subject to individual review by the Court appointed Independent Director of Compliance in consultation with Judge Jones."

In his decision, Engoron wrote that "Defendants' refusal to admit error -- indeed, to continue it, according to the Independent Monitor -- constrains this Court to conclude that they will engage in it going forward unless judicially restrained."

"Overall, Donald Trump rarely responded to the questions asked, and he frequently interjected long, irrelevant speeches on issues far beyond the scope of the trial," the judge wrote. "His refusal to answer the questions directly, or in some cases, at all, severely compromised his credibility."

"The accountants created these 'compilations' based on data submitted by the Trump entities," the decision said. "In order to borrow more and at lower rates, defendants submitted blatantly false financial data to the accountants, resulting in fraudulent financial statements. When confronted at trial with the statements, defendants' fact and expert witnesses simply denied reality, and defendants failed to accept responsibility or to impose internal controls to prevent future recurrences."

Of Donald Trump Jr., Engoron wrote, "Despite disclaiming responsibility for or knowledge of the Statements of Financial Conditions' contents, Trump, Jr. still insisted that the Statements of Financial Condition were 'materially accurate.'"

Engoron's decision follows an 11-week civil trial in New York, where Trump and three of his adult children testified.

New York Attorney General Letitia James sued Trump, his two adult sons, and Trump Organization executives in September 2022 for issuing fraudulent financial statements -- including over 200 false and misleading asset values between 2011 and 2021 -- to get better loan terms and business deals.