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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Weisselberg denies discussing financial statements with Trump

After initially evading the state's question, ex-Trump CFO Allen Weisselberg denied that he ever met with Trump to discuss his financial statements.

"Did you ever meet with Donald Trump or Michael Cohen where there was discussion of the statement of financial condition before it was finalized?" state attorney Louis Solomon asked.

Weisselberg initially responded that he did not recall such a meeting happening, before answering more definitively.

"No. I don't believe it happened," Weisselberg said.

Judge Engoron, appearing skeptical of the answer, asked Weisselberg to confirm.

"Could it have happened, and you just don't remember?" Engoron asked.

"I am saying it did not happen," Weisselberg responded.

The attorney general's opening statement for the case included a portion of the deposition of former Trump attorney Michael Cohen, who claimed that Trump met with him and Weisselberg to direct them to increase his net worth, in order "to be higher on the Forbes list" of billionaires.

"Allen and I were tasked with taking the assets, increasing each of those asset classes in order to accommodate that eight-billion-dollar number [Trump requested]," Cohen said in the deposition.


Weisselberg concedes Trump's triplex is smaller than valuation

Former Trump Organization CFO Allen Weisselberg testified that Trump's triplex apartment in Trump Tower is 10,996 square feet -- which is a third the size that Trump claimed on financial documents.

In October 1994, Trump signed a document that certified his penthouse triplex is 10,996 square feet, but his statements of financial condition for several years beginning in 2012 listed the apartment as 30,000 square feet.

An attorney with the New York attorney general's office showed the page with Trump's signature to Weisselberg, who appeared to struggle to explain the discrepancy.

"It was always in my mind a de minimis asset on the statement of financial condition," Weisselberg said. "I never even thought about the apartment."

Louis Solomon of the attorney general's office confronted Weisselberg with emails from Forbes magazine seeking clarity about the apartment's size, as well as a letter signed by Weisselberg certifying the 30,000 square foot figure to the Trump Organization's then-accountant, Mazars USA.

Weisselberg offered a lengthy take on the discrepancy, prompting Judge Arthur Engoron to intercede.

"Your role is to answer the questions, not to give speeches. Please just answer the questions," Engoron said.

"Forbes was right, the triplex was actually only 10,996, right?" Solomon asked.

"Right," Weisselberg finally conceded.

"I've been through quite a bit the last two years," Weisselberg said at one point during the morning's questioning. The former CFO moved to Florida following three months in jail after he pleaded guilty last year to criminal fraud charges and subsequently testified against the Trump Organization.


Weisselberg to be questioned about valuations

Ex-Trump CFO Allen Weisselberg is expected to face questions this morning about his work valuing properties like Trump's triplex apartment in Trump Tower and Trump's 40 Wall Street building, as well as the Trump Organization's efforts to secure loans from banks and Weisselberg's direct conversations with the former president.

Weisselberg is the second named defendant to testify in the ongoing civil trial.

Trump Organization controller and co-defendant Jeffrey McConney, who concluded his testimony on Friday, was deemed a hostile witness by Judge Arthur Engoron, giving the state more latitude in their questions.


Ex-CFO Weisselberg last year pleaded guilty to tax fraud

Ex-Trump Organization CFO Allen Weisselberg's expected testimony this morning comes six months after he was released from New York City's Rikers Island jail complex after pleading guilty last year to 15 felony charges related to a long-running scheme to avoid $1.7 million in taxes while working for the Trump Organization.

As a condition of his plea deal, Weisselberg testified last year in the Manhattan district attorney's criminal trial of the Trump Organization itself.

"Are you embarrassed about what you did?" Trump Organization attorney Alan Futerfas asked Weisselberg during the criminal trial last November.

"More than you can imagine," replied Weisselberg, who testified that Trump himself was unaware of his tax evasion scheme.

The Trump Organization was convicted and later paid a $1.6 million fine imposed by the judge overseeing the case.


NY AG seeks $370M fine, NY real estate ban against Trump

New York Attorney General Letitia James, in a written brief filed a week before the trial's closing arguments, asked the judge in the case to fine Trump over $370 million to disgorge profits from what James says is a decade of fraudulent business conduct, and to bar Trump for life from participating in the New York real estate industry.

The request for a $370 million fine, plus 9% annual interest, is a sharp increase from James' initial request for disgorgement totaling roughly $250 million.

The largest portion of the requested fine stems from the business loans the Trump Organization obtained using allegedly fraudulent financial statements. Based on expert testimony, James argued that Trump cost his lenders $168,040,168, which the banks would have made if Trump was given the appropriate interest rate corresponding to the actual value of his assets.

In their defense filing, Trump's lawyers called the attorney general's theory for disgorgement "fundamentally flawed, saying that "No lenders testified that they would have done anything differently had they known about Trump's misstatements, and James attempted to fill that evidentiary void with expert testimony, according to Trump's lawyers.

Trump's lawyers added that even if the attorney general proved that some of Trump's profits were ill-gotten, they lack the authority under New York Executive Law 63(12) to request the disgorgement.

Closing arguments in the trial are scheduled for Jan. 11.