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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Morgan Stanley exec scheduled to testify this morning

Day 20 of the trial is scheduled to begin with testimony from K. Don Cornwell, who worked at investment bank Morgan Stanley in 2014 when Donald Trump bid for the Buffalo Bills football team.

He is scheduled to be followed on the witness stand by former Trump Organization executive David Orowitz.

The state's expert witness, Michiel McCarty, is then scheduled to testify later today about the financial implications of Trump's inflated assets -- context that is expected to guide the judge's determination about the size of fine Trump faces, if any.

Members of the Trump family are scheduled to begin testifying tomorrow, starting with Donald Trump Jr.


AG agrees to pause cancelation of Trump's business certificates

Lawyers for the New York attorney general, in a late-day court filing, said they support the court-ordered pause on canceling Trump's business certificates -- but warn that a stay of Trump's civil fraud trial would cause a "cascade of delays."

The filing comes more than three weeks after an appeals court, at Trump's request, paused the enforcement of the cancelation of Trump's business certificates that Judge Arthur Engoron had ordered in his summary judgment.

In today's filing, New York Attorney General Letitia James wrote she was "willing to agree to stay enforcement … pending the end of trial and entry of final judgment."

On the other parts of Trump's appeal -- including the request to delay the trial and arguments against Engoron's summary judgment ruling that Trump committed fraud -- James vehemently argued in favor of letting the trial run its course.

"Abruptly halting trial would thus sow chaos and result in an inordinate waste of both public resources and the time and resources of witnesses," James wrote, alleging that Trump is playing courts against one another to create delays.

"Moreover, any delay here would threaten a cascade of delays not only in this case but also in other pending criminal and civil cases against defendant Donald J. Trump," the filing said.

Trump's legal team has until Nov. 9 to submit their reply.


Trump CFO misrepresented source of appraisals, underwriter says

Former Trump Organization CFO Allen Weisselberg provided misleading information about Donald Trump's assets, according to Claudia Mouradian, an insurance underwriter who met with Weisselberg on multiple occasions.

During meetings with Mouradian in 2018 and 2020, Weisselberg claimed that Trump had strong cash assets and stable properties that had been appraised by third parties -- information that Mouradian said she used to determine that the Trump Organization was in "very good financial shape."

"It was a positive factor when he told me that. He was essentially saying the properties don't fluctuate in value during economic cycles," Mouradian testified about Trump's assets during a video deposition played in court today.

However, Weisselberg acknowledged in his own deposition that the Trump Organization did not use outside appraisers to value properties -- contradicting what he told Mouradian.

"I am understanding you correctly that you did not engage appraisers to perform valuations of properties for purposes of that statement of financial condition?" a state attorney asked Weisselberg in a taped deposition.

"Correct," Weisselberg replied, though he said he did not recall that he told Mouradian the opposite.

"It is not consistent with what he told me at the meeting," Mouradian said when shown Weisselberg's testimony.

Court was subsequently adjourned for the day.


Trump allowed no copies of statements, insurance exec says

An insurance company executive testified that the Trump Organization kept its financial documents closely guarded to an unusual extent.

Claudia Mouradian, a senior underwriting officer at Zurich North America, provided the testimony via a deposition video. Mouradian, who lives outside New York and is nine months pregnant, is the only witness who has been excused from in-person testimony.

Mouradian, who began working on the Trump Organization account for Zurich in 2017, said that the Trump Organization placed restrictions on taking financial materials out of their offices.

"It is rare," she said about the restrictions.

When she reviewed Donald Trump's financial statements in 2018, she recalled a one-hour meeting in Trump Tower overseen by then-Trump Organization CFO Allen Weisselberg.

"He took me to the boardroom. He provided me the financial statements. [He said,] 'take as many notes as you would like, no cellphones, no photocopies,'" Mouradian said. "Allen stayed in the room with me."


Judge stops expert's testimony following state's objection

Donald Trump's lawyers abruptly stopped the testimony of their first expert witness -- who was expected to testify for a full day or two -- after Judge Engoron limited the topic areas of his testimony.

Steven Witkoff, a real estate investor and longtime friend of Trump's, was brought into court by the defense team to testify that Trump's Doral golf club was undervalued in Trump's financial statements.

But Judge Engoron sustained an objection from the state barring any testimony about the valuation of Doral, significantly limiting Witkoff's testimony and appearing to hamper the defense strategy proposed by Trump's attorney Chris Kise.

Kise argued that the inaccuracies in Trump's statement of financial condition can cut both ways: Even if some properties were overvalued, other properties like Doral were significantly undervalued and balanced out the statement, according to Kise.

"It is highly, extraordinarily relevant if there are assets that are undervalued substantially on those same statements," Kise said. "They can't look at this one-sided."

State attorney Andrew Amer fiercely rebutted that argument, telling Engoron he should not take the defense's position that the inconsistencies "come out in the wash."

That argument appeared to convince Engoron, who said that overvaluations would not "insulate" a false valuation. He promised to sustain any objection that related to the value of Doral -- an approach Kise described as "lunacy."

"The reader of the financial statement has the right to know whether each particular number was accurate," Engoron said. "They are looking for accuracy."