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
'You are very good at blaming other people,' lawyer chides Cohen
Judge Engoron encouraged the attorneys in the case to be respectful of one another as the sparring continued during the cross-examination of former Trump attorney Michael Cohen.
After Assistant Attorney General Colleen Faherty attempted to object to why a news article referenced by the defense was not entered into evidence, defense attorney Chris Kise responded, "Just sit down and you will find out."
Cohen rarely looked toward Trump, largely directing his attention at Habba as she posed questions and shot back comments.
"You are very good at blaming other people," Habba observed to Cohen at one point during his testimony.
After Engoron called for the attorneys to be respectful, Kise retorted: "Respect is not something you get -- it's something you earn."
'Why are you screaming at me?' Cohen asks defense attorney
Confrontational outbursts punctuated the ongoing cross-examination of Michael Cohen as defense attorney Alina Habba attempted to confront the former Trump attorney with nearly a decade of his past statements about his ex-boss.
Habba showed Cohen portions of his books -- one of which was handed out in court -- as well as past comments on social media and media interviews in which Cohen heaped praise on Trump before Cohen broke with Trump in 2018.
"I can tell you that Mr. Trump's memory is fantastic, and I've never come [across] a situation where Mr. Trump has said something that is not accurate," Cohen told CNN in 2015 in a quote that was read aloud by Habba in court.
Habba also read from an ABC News story in which Cohen said he admired Trump and that he had read Trump's book, "The Art of the Deal," twice while in high school.
"I have answered every question you want. Why are you screaming at me?" Cohen asked Habba at one point after a line of questions related to his 2015 CNN appearance.
"Do I have animosity towards him? Yes, I do," Cohen said about Trump, as the former president sat just feet away from him.
"You have made a career out of publicly attacking President Trump, haven't you?" Habba asked.
"Yes," Cohen said.
Defense resumes heated cross-examination of Michael Cohen
The heated cross-examination of Michael Cohen resumed with the state attorney general's office accusing defense lawyers of "showmanship" and the judge stepping in to referee.
Trump attorney Alina Habba accused Cohen of perjuring himself when he pleaded guilty in 2018 to criminal conduct including tax evasion, among other crimes. Cohen testified yesterday that "there was no tax evasion. At best, it could be characterized as a tax omission."
Habba said that testimony amounted to perjury. Collen Faherty, a lawyer for the state, accused Habba of "showmanship" and "a little bit of a stunt."
Habba shot back, "This is not showmanship. I'm just doing my job."
Another Trump lawyer, Chris Kise, interjected, "There is nothing wrong with calling a liar a liar. Perjury is perjury. The attorney general is trying to cover for an extraordinarily defective witness."
Judge Engoron sided with the defense but instructed Habba to not use the word "perjury," prompting Trump to shake his head.
"Yesterday was the first time you admitted in open court that you lied to Judge Pauley?" Habba asked, referring to the federal judge who took Cohen's plea.
"In open court, yes," Cohen responded.
'We're a nation in decline,' Trump says
Addressing reporters in the hallway before he entered the courtroom, Trump spoke about the current House speaker race, his former chief of staff Mark Meadows, and his false allegations of a rigged election.
"We're a nation in decline, all because of a rigged and stolen election," Trump said before entering court for the resumption of Michael Cohen's cross-examination.
Before Cohen returned to the stand, defense attorney Alina Habba requested that Judge Engoron and his clerk refrain from any distracting behavior.
"It is incredibly distracting when there are eye rolls and constant whispering at the bench," said Habba, who added that the judge she clerked for earlier in her career was "very strict."
Trial is a 'documents case,' state lawyer says
State attorney Kevin Wallace, arguing against the defense's motion for a directed verdict to end the trial early, reiterated that the state's case relies on documents that they say incriminate Donald Trump and his adult sons.
"This is a documents case," Wallace said. "Each of the three defendants signed documents saying they were responsible for the fair presentation of the statements."
While the defendants all testified that they relied on accountants, Wallace said by way of analogy that it's like the defense saying that using an accountant absolves an individual of filing false tax returns.
"I am liable for that fraudulence," Wallace said. "I am not relieved of my responsibility because I handed off to an accountant."