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 Organization executive says CFO had final say
Trump Organization executive Patrick Birney testified that CFO Allen Weisselberg and controller Jeffrey McConney had the final say on Trump's financial documents when he worked under them.
"I was not the final decision maker," said Birney, who was an assistant vice president at the time.
Birney joined the Trump Organization in 2015, a few years after he graduated from the University of Michigan. He began helping with Trump's statement of financial condition in 2016 and eventually took over preparing the vital financial document, though he acknowledged in court that he initially lacked some basic knowledge about accounting and finance.
Asked if he ever had valued a property using a capitalization rate, he replied, "I don't think so."
Birney said he would often turn to McConney if he needed specific documents, and that he reviewed drafts of the statement with Weisselberg.
"He would review drafts with me that I would provide him," Birney said. He later added, "Allen Weisselberg had the authority to approve everything."
Trump Organization executive takes the stand
Former Trump Organization CFO Allen Weisselberg has completed his direct examination, although he might be called back to testify by either the attorney general or the defense, Judge Arthur Engoron said.
"I am lifting the prohibition on discussing the case with counsel or anyone else," Engoron said about Weisselberg.
Trump Organization executive Patrick Birney, who as assistant vice president took over managing Trump's statement of financial condition after controller Jeffrey McConney, took the stand following Weisselberg.
Ex-Trump CFO testifies about family members' roles
Ex-Trump CFO Allen Weisselberg, under questioning from state attorney Louis Solomon, addressed the degree to which Donald Trump's three adult children -- Don Jr., Eric, and Ivanka -- were involved in the day-to-day running of the Trump Organization during the period from 2011-2022.
"They wanted to get up to speed on how the business was running," Weisselberg said, noting that Trump's run for president accelerated their engagement in the company.
Emails entered into evidence from around that time suggested that the three Trump children requested financial information about the company's operations.
During one email exchange, Weisselberg directly asked Eric Trump to delay paying off a loan related to Trump's Seven Springs estate so it wouldn't affect the former president's cash balance.
"If we have to pay off the loan I would like to do it post June 30th as that is the date of your dad's annual financial statement ... to keep his cash balance as high as possible," the April 2015 email said.
Ex-Trump CFO Allen Weisselberg returns to the stand
Former Trump Organization CFO Allen Weisselberg has returned to the stand, nine months after he was sentenced to five months in prison for evading more than $1.7 million in taxes on unreported income in the form of company-provided perks.
One day before his sentencing in January, Weisselberg signed a severance agreement with his former employer saying that if he complied with all the conditions of the agreement, he would receive $2 million spread out over two years, according to court records.
One of those conditions, state attorney Louis Solomon highlighted in court, prevented Weisselberg from voluntarily cooperating with an investigation of his former company or boss.
"I didn't give it a lot of thought, to be honest," Weisselberg said when asked about the section of the agreement preventing him from cooperating with investigators.
"Is it just a coincidence that under this severance agreement, you are being paid $2 million, which is coincidentally the exact amount you were ordered to pay under your guilty plea?" Solomon asked.
"Coincidence," Weisselberg replied.
The buck stopped at Trump, state lawyer says
The buck stopped at Donald Trump, and the court should hold him responsible for his company's actions, according to state attorney Andrew Amer.
"The buck stopped with him, so he was responsible for all the conduct I just reviewed," Amer said about Trump's conduct between 2011 and 2015, before his sons took over the company when Trump won the White House.
Though defense attorneys have repeatedly criticized the testimony of former Trump lawyer Michael Cohen, Amer highlighted that Trump's lawyers never questioned the former president about his testimony that Trump instructed Cohen and then-CEO Allen Weisselberg to "reverse engineer" his financial statement to increase his net worth.
"Based on their decision not to question Mr. Trump on this critical point, the court should infer that the reverse engineering instructions were given by Mr. Trump, just as Mr. Cohen described," Amer said.
Amer also highlighted what he said was Eric Trump's inconsistent testimony about his knowledge of his father's statement of financial condition.
"He went to great lengths to conceal from this court that he was fully aware that his father had a personal financial statement," Amer said, claiming that Eric Trump and his brother Donald Trump Jr. "approved of and perpetuated those schemes with the intent to defraud."
Judge Engoron, however, appeared skeptical of Amer's argument about Trump's adult sons -- particularly Donald Trump Jr. -- and interrupted the summation to question Amer.
"What evidence do you have -- I just haven't seen it -- that they knew there was fraud?" Engoron said.
Amer responded that the sons should have known about the fraud given their role in the company, and that their inaction amounted to "sticking their heads in the sand."
"They can't say they didn't bother paying attention to it. That is just not a defense," Amer contended.