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
Deutsche Bank executives to testify for defense
A day after Trump lawyer Chris Kise asserted that the only person who believes the former president committed fraud in his business transactions is New York Attorney General Letitia James, that claim will face a key test over the next two days as Trump's lawyers call four executives from Deutsche Bank, Trump's primary lender at the time of the alleged conduct.
Trump's lawyers claim that the executives will prove that the bank would have still done business with Trump despite his inflated claims about his assets.
"They're skipping over the part where they have to establish that the gains are ill-gotten, meaning that the loans would not have been issued in the first place or that the terms would have been different," Kise said in November during an argument for a directed verdict.
James, however, says that the banks lost millions in potential interest based on Trump's inflated valuations.
Trump Organization VP returns to witness stand
Trump Organization Vice President Patrick Birney returned to the witness stand to describe his role preparing Trump's statement of financial condition between 2016 and 2021.
"Every new year, I would just copy and paste the spreadsheet from the year before," Birney said, testifying this time for the defense.
Birney largely testified about the spreadsheets of supporting data he prepared, as well as the supporting data he cited from year to year.
Court was adjourned for the day following Birney's testimony. He is set to return to the witness stand later this week after the court hears from witnesses from Deutsche Bank.
Trump exec disputes independent monitor's findings
Trump Hotels chief operating officer Mark Hawthorn disputed an August 2023 report from the Trump Organization's independent monitor that said the company continued to provide incomplete information to lenders.
Hawthorn had earlier testified that the monitor never communicated that they "uncovered fraud or any irregularities."
State attorney Andrew Amer confronted Hawthorn with the letter from the Trump Organization's independent monitor Barbara Jones flagging inconsistencies.
"Were you aware that Judge Jones had identified such inconsistencies?" Amer asked.
"Yes," Hawthorn answered -- but said that he stood by his initial statement that the monitor never uncovered fraud, claiming that the flagged issues were consistent with accounting practices.
"Did the monitor accuse the Trump Organization of disseminating false and misleading information?" defense attorney Clifford Robert asked on redirect examination.
"No," Hawthorne said.
Trump defense attorney Chris Kise used the disagreement about the monitor's findings to renew his request to question Jones, which Judge Engoron denied earlier in the afternoon.
"What the monitor thinks is clearly and squarely at issue," Kise said, describing the Trump Organization's issues as "minor accounting discrepancies which happen in a large corporation all the time."
"Every time you talk, there's a campaign speech," Engoron quipped following Kise's lengthy argument.
Engoron ultimately stood by his initial ruling, but said he would allow Kise to present cases, if they exist, supporting the defense's right to call the monitor.
"I will decide what reports mean and what implications there are," Engoron said about the monitor's findings.
Donald Trump to return to witness stand in December
Defense lawyers plan to call Donald Trump as their final witnesses in the former president's civil fraud trial.
Asked to confirm the final witnesses for the defense's case, defense attorney Chris Kise said that Trump is likely to testify on Dec. 11.
"I think we can make that work," Kise said, adding that Trump's exact schedule might change.
Eric Trump will also return to the witness stand on Dec. 6, according to Kise.
Those dates might change if Judge Engoron limits testimony from any of the remaining witnesses.
State attorney Kevin Wallace said that the New York attorney general may present a "minimal" rebuttal case.
'This is ridiculous,' judge admonishes defense counsel
Judge Engoron lost patience with Trump's defense counsel during the cross-examination of longtime Trump accountant Donald Bender.
As defense attorney Jesus Suarez repeatedly asked Bender to recall how he arrived at specific values for specific assets in specific years, Engoron interrupted to ask how much longer the cross-examination would last.
Suarez said he would do his best to finish by the end of court today.
That prompted Kevin Wallace with the state attorney general's office to shout, incredulously, "Today?" Wallace accused Suarez of being overly performative with Trump seated at the defense table.
When Engoron reminded the defense, "Mr. Bender is not on trial here," Trump attorney Chris Kise interjected, "I would very much disagree with that."
The judge implored the defense to truncate the line of questioning.
"You're not allowed to waste time," Engoron said.
"This is insane," responded Trump attorney Alina Habba "He has not answered one question."
Engoron pounded the bench, asking reporters in the room to take note. "This is ridiculous," he barked.