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
Trump's business drew little scrutiny from bank, defense says
Deutsche Bank was a serious company in business with Donald Trump to make money, defense attorney Jesus Suarez said during his cross examination of former Deutsche Bank executive Nicholas Haigh.
At the height of its relationship with the Trump Organization the company loaned Trump over $378 million, and failed to commission independent appraisals of Trump's properties, Haigh acknowledged. While the bank listed lower estimates for the value of Trump's assets year after year, it continued to do business with Trump and his company.
"We ... the bank hadn't done all the due diligence one would do in the sense of the opinion of value you see in an appraisal," Haigh said, at one point agreeing with the defense's characterization that the bank's internal value services group conducted "sanity checks'' on the numbers.
The direct examination of Haigh by state attorney Kevin Wallace also left a central question about Deutsche Bank's activity unanswered.
In a letter to the court and in previous arguments, lawyers for the attorney general suggested that Haigh might have turned away Trump's business if he had known that Trump's assets were inflated in value.
"As this Court noted during summary judgment arguments, Mr. Haigh testified during OAG's investigation that he may not have authorized lending to the borrower if he had at that time been aware of the inflated asset values contained in Mr. Trump's SFCs [statements of financial condition]," a lawyer for the attorney general wrote to the court in a letter last week.
Wallace never directly posed the hypothetical to Haigh during his direct examination, leaving the question unresolved.
Court subsequently adjourned for the day, with Suarez telling the court he plans to continue his cross examination of Haigh through Thursday afternoon.
Bank wouldn't extend Trump credit to buy Buffalo Bills, exec says
Former president Donald Trump and his company bid $1 billion in 2014 in an attempt to purchase the Buffalo Bills football team.
The only problem was that Trump needed a bank to help finance his bid.
Former Deutsche Bank executive Nicholas Haigh testified that when Trump turned to his bank for help, bank executives declined, fearing it would increase their financial exposure to Trump.
"Deutsche Bank was not willing to increase its credit exposure to Donald Trump at that time," Haigh said.
But the bank was still willing to help Trump by sending a letter to support his bid, according to Haigh -- on the condition that Trump Organization controller Jeffrey McConney certify that the company was still in compliance with the covenants of the three outstanding loans the bank had given Trump.
McConney verified that Trump had over $300 million in liquid assets in 2014, and that it suffered no material decrease in the value of his illiquid assets, according to a document entered into evidence today.
With that verification, Deutsche Bank issued a letter that Trump had the "financial wherewithal" to fund his bid.
Trump's effort to purchase the Bills was ultimately unsuccessful.
Trump had to maintain $2.5B net worth for loan, banker says
When Donald Trump negotiated a $125 million loan from Deutsche Bank related to his Trump National Doral golf club, the former president agreed to maintain a minimum net worth of $2.5 billion as a condition of the loan, former bank executive Nicholas Haigh testified.
The loan memorandum prepared by Deutsche Bank included a covenant that the "Guarantor shall maintain a minimum net worth of $2.5 billion excluding any value related to the Guarantor's brand value," according to a document marked as evidence today.
The New York attorney general alleges that Trump's actual net worth at the time of the loan agreement was only $1.5 billion, an amount that would have triggered a default.
Retired Deutsche Bank executive Nicholas Haigh testified that he was involved in the decision to set the $2.5 billion figure, which he believed would protect the bank from exposure if the property failed or the broader market declined.
"It was set in order to make sure the bank was fully protected under adverse market conditions," Haigh testified.
To calculate Trump's net worth, Deutsche Bank looked at what Haigh described as Trump's four "trophy properties," all in Manhattan: Trump Tower, 40 Wall Street, Trump Park Avenue, and Niketown -- a ground lease for a property adjoining Trump Tower.
Since the properties themselves were not provided as collateral for the loan, Deutsche Bank did not commission independent appraisals for the properties, and instead used a modified version of Trump's own numbers.
"The bank normally only commissions appraisals on assets taken as collateral," Haigh said.
Deutsche Bank adjusted their assessment in 2012, when they learned of a separate appraisal of Trump Tower that offered a lower value of the property than what Trump had provided.
"The bank felt that it had an independent view on the value of the asset," Haigh said of the appraisal that prompted his bank to lower their value for Trump Tower from $1.2 billion to $992 million.
Bank relied on Trump's financial statement to secure loan
Deutsche Bank relied on the strength of Donald Trump's "financial profile" when deciding to loan the former president roughly $125 million related to the purchase of the Trump National Doral golf club in 2011, according to retired Deutsche Bank executive Nicholas Haigh.
Haigh testified that because Trump used the golf course and spa as collateral -- relatively "unusual" assets that Deutsche Bank would struggle to sell in the event of a foreclosure -- the bank leaned on the strength of Trump's larger portfolio.
"[Trump] is guaranteeing he will repay our loan -- all the money due on the loan," Haigh said about the terms of the loan. "He is also guaranteeing if the result is losing money, he will pay the cost of that shortfall."
Haigh said that he personally reviewed Trump's statement of financial condition when determining whether to sign off on the loan.
"My conclusion was the client owned a lot of real estate, which was not surprising," Haigh said about his findings after reading Trump's financial statement.
Previous witnesses in the trial have offered insights into how Trump's annual financial statement was drafted, finalized, and provided to banks to fulfill loan obligations. Haigh is the first witness to testify from the perspective of the banks, which considered the statements when deciding whether to do business with Trump.
Judge rejects defense's request for delay due to COVID
Before today's first witness entered court, Trump attorney Chris Kise asked Judge Engoron to postpone today's proceedings after five members of the New York attorney general's team tested positive for COVID-19.
Describing the attorney general's conduct as "beyond irresponsible," Kise said that his team did not get adequate notice about the COVID exposures despite having close contact with positive individuals.
"Nothing else matters except for pursuing President Trump," Kise said. "We have the leading candidate for president of the United States in the courtroom today."
"The attorney general's office knew on Wednesday and didn't tell any of us," defense attorney Clifford Robert said. "We are truly in an outbreak."
Engoron declined to grant their requested delay.
In a statement, a spokesperson for New York Attorney General Letitia James said the state has complied with all CDC guidelines.
"Our office properly notified the court and defendants' counsel, and the court decided to proceed with trial today. If there were any concerns, defendants could wear masks today or at any point, but they have opted not to," the spokesperson said.