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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Defense cuts short Deutsche Bank VP testimony

Donald Trump's lawyers decided to cut short their direct examination of former Deutsche Bank vice president Emily Pereless.

Trump's team originally said they planned to shorten their direct examination after Pereless appeared reluctant to answer questions yesterday. Returning to court this morning, they decided to forgo the remaining testimony to avoid "prolonging" the proceedings.

Pereless then faced a short cross-examination about her work attempting to value Trump's Doral golf resort.


Deutsche Bank execs continue on witness stand

Former Deutsche Bank vice president Emily Pereless is scheduled to return to the witness stand for an abbreviated round of questions this morning, after being called as a witness yesterday.

Despite being a witness for the defense, Pereless reluctantly answered questions from defense attorney Jesus Suarez about her work reviewing Donald Trump's finances between 2011 and 2014.

The defense then plans to call to the stand former Deutsche Bank managing director Rosemary Vrablic, who was considered to be Trump's lead banker during the period in question.

Trump's adult children, in their testimony, have described Vrablic as the family's primary contact at Deutsche Bank. A lender with the bank's private wealth management division, Vrablic initially became acquainted with Ivanka Trump through Ivanka Trump's husband Jared Kushner.


Judge appears dubious of defense's latest argument

Court was adjourned for the day following an afternoon in which Judge Engoron appeared to shoot down one of the defense's main remaining arguments following defense attorneys' request for a directed verdict.

Defense lawyer Chris Kise argued that the state failed to prove that Trump's lenders would have acted differently had they known about the fraud alleged by the New York attorney general -- but Engoron said "the mere fact that the lenders were happy doesn't mean the statute wasn't violated."

Earlier this month, during testimony from the defense's first expert witness Steven Witkoff, Trump's lawyers attempted to argue that Trump had undervalued some of his properties, which balanced out the alleged inflated properties in his statement of financial condition. Engoron, however, declined to allow testimony related to that argument, saying, "The reader of the financial statement has the right to know whether each particular number was accurate."

That same day, Trump's lawyers also presented testimony from expert witness Jason Flemmons that Trump disclosed that the values of nearly 95% of the assets in his financial statements departed from generally accepted accounting practices.

"It's effectively saying, 'User beware,'" Flemmons said.

But Engoron said Flemmons only addressed the methods used in the statements, rather than the numbers themselves, which could have been incorrect.

Defense attorneys are scheduled to call additional witnesses over the next week before Eric Trump and Donald Trump return to the stand as the defense wraps up its case in the next two weeks.


Ex-Deutsche Bank VP can't describe Trump's due diligence

Former Deutsche Bank vice president Emily Pereless, testifying for the defense, appeared reluctant to offer details about the process of reviewing Donald Trump's bank and brokerage statements between 2011 and 2014.

Pereless physically reviewed Trump's bank and brokerage statements with a colleague, according to documents shown at trial, and signed Deutsche Bank credit reports. Despite being called as a defense witness, she struggled to recall any details about the process and appeared uncooperative on the witness stand.

"I analyzed and compiled the information provided," Pereless testified about a 2014 credit report, saying could not recall the specific steps she took in detail.

Defense attorney Jesus Suarez attempted to refresh her recollection by showing her a document titled "DT Due Diligence Items" that listed steps that included reviewing Trump's personal tax reports, understanding ownership structures for assets, and learning of Trump's financial commitments.

Pereless still said she could not recall specific steps cited in the document, and even struggled to confirm who the aforementioned "DT" was.

"I am assuming it means Donald Trump, but I don't recall specifically," Pereless said.

Trump's attorneys said they planned to shorten their remaining direct examination when Pereless returns to the stand tomorrow.


Statements appear to ignore appraisals of undeveloped lots

Cushman & Wakefield executive David McArdle, who was hired to appraise the value of 71 undeveloped residential units at the Trump National Golf Club in Westchester County, New York, testified that he also conducted multiple appraisals for conservation easements at the property in 2014 and 2015.

Signing a conservation easement would allow the Trump Organization to give up their development rights and treat the difference in property value as a charitable donation, according to the New York attorney general.

By giving up the right to develop the 71 residential units, McArdle found that the donation was worth $43 million, according to an April 2014 appraisal. A later appraisal McArdle conducted in 2015 landed on a similar valuation of $45.2 million.

But Trump's financial statements from those years appear to ignore the appraisals, valuing the land from the undeveloped units at $101 million, according to documents entered into evidence.

"Based on the supporting data, the only source for the increase in the number of units and profit per unit were telephone conversations with Eric Trump," the New York attorney general alleged in her complaint.

McArdle also testified that he was consulted to appraise Seven Springs, a New York estate Trump purchased for $7.5 million in 1995.

To value the property, which could be subdivided into 24 to 26 residential lots, McArdle testified that he toured the site, consulted a local expert, and spoke with Eric Trump on multiple occasions.

"He had a very high opinion of the property, which didn't surprise me," McArdle said.

His appraisal ultimately determined the total value for the lots in 2014 was $30-$50 million, McArdle said.

But the New York attorney general alleges that appraisal was ignored in Trump's 2014 financial statement, in favor of a "false and misleading" value of $161 million for a portion of the undeveloped lots.