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
Ivanka Trump's testimony moved to Nov. 8
Donald Trump's daughter Ivanka Trump is now scheduled to testify on Wednesday, Nov. 8, after a scheduling conflict necessitated the change.
Her testimony will come at the conclusion of the New York attorney general's case, before the defense puts on its case.
Both parties agreed to in court today to change the date of her appearance from the original date this coming Friday.
Donald Trump Jr. is still set to begin his testimony this Wednesday, and state attorney Andrew Amer suggested that the state will need less than a full trial day top question him.
"Eric Trump should be available to start whenever we finish Donald Trump Jr.," Amer said.
Eric Trump will likely testify through Thursday, and no additional witnesses are currently scheduled to testify on Friday.
"We will leave Friday as a big question mark," Judge Engoron remarked.
Donald Trump is still scheduled to testify on Monday, followed by a day off for Election Day, then Ivanka Trump's testimony on Wednesday.
"Nothing ever goes according to plan," Trump's lawyer Chris Kise joked while agreeing to the arrangement.
Trump claimed $3-5B net worth in lease to run NYC golf course
When the NYC Department of Parks and Recreation awarded Donald Trump the rights to operate a golf course in Ferry Point Park in 2010, Trump represented that he had a net worth of $3 billion and $200 million in cash on hand, according to documents presented as evidence.
Over the next decade, in letters to the Parks Department, Trump claimed that his net worth was as much as $4.9 billion, according to the evidence.
"We wanted to be sure, as we would always, that the operator in place had the funds to deliver on their obligations," David Cerron, the Parks Department's assistant commissioner for business development and special events, said of the agency's requirements for maintaining the licensing agreement on an ongoing basis.
The New York attorney general alleges that Trump inflated his net worth by as much as $2.2 billion during the timeframe and never actually had more than $2.1 billion to his name.
"Would the Department of Parks and Recreation expect this representation to be true, complete, and accurate?" state attorney Sherief Gaber asked.
"Yes," Cerron said.
During cross-examination, defense attorney Jennifer Hernandez highlighted that Trump's financial capacity was the least significant factor considered in the 2010 agreement, compared to other factors like operating experience and operational plans.
"It had the lowest importance to the selection committee?" Hernandez asked.
"This was the lowest," Cerron responded.
Hernandez also highlighted that Trump was not required to submit his own financial statements and that he never missed any payment or financial obligation related to the licensing agreement.
Trump operated the golf course until its lease was bought out by Bally's in 2020, after the city sought to cut its business ties with Trump following the Jan. 6 attack on the U.S. Capitol.
Trump tax rep acknowledged much lower value for Mar-a-Lago
In 2020, the same year Donald Trump valued his Mar-a-Lago social club at $517 million in his statement of financial condition, the former president's tax representative signed a waiver agreeing with a much lower market value of $27 million, according to documents entered into evidence at trial.
Judge Engoron already determined in a summary judgment that Trump overvalued Mar-a-Lago by "at least 2,300%" by valuing the club between $426 and $612 million in his financial statements, despite the Palm Beach county assessor appraising the value between $18 and $27.6 million between 2011 and 2021. The documents entered into evidence today, as well as testimony from former Trump Organization VP Raymond Flores, adds context regarding who at the Trump Organization could have been aware of the discrepancy.
Trump's tax representative tried to appeal the assessment in 2020 before eventually withdrawing the appeal. In that withdrawal, Trump's representative conceded that "the petitioner agrees with the determination of the property appraiser or tax collector."
"Was it your understanding that the appeal was withdrawn because the Trump Organization agreed with the value of the property assessor?" state attorney Andrew Amer asked Flores about the $27 million valuation.
"Yes," Flores answered.
Trump Organization controller Jeffrey McConney previously testified that Trump valued Mar-a-Lago as a private residence from 2011 through 2021, despite Trump signing a deed that restricted Mar-a-Lago's usage to a social club, thereby limiting its resale value.
During a 2021 email exchange, Flores forwarded an email to former Trump Organization CFO Allen Weisselberg and Eric Trump in which Trump's tax broker, Michael Corbiciero, explained the tax implications of classifying Mar-a-Lago as Trump's residence, rather than a social club.
"Currently this property is assessed as a private club with the current assessed value at $359/sqft'' compared to nearby properties valued at nearly ten times the rate, the email stated. Corbisiero ultimately recommended against classifying Mar-a-Lago as a residence rather than a social club due to the tax implications, according to the email forwarded to Eric Trump and Weisselberg.
New York AG to call Parks Department official to testify
The New York attorney general plans to call David Cerron, an assistant commissioner at the New York City Parks Department, to the witness stand later today.
Cerron is expected to testify about Donald Trump's arrangement to operate a golf course at Ferry Point Park in the Bronx, New York.
The attorney general claims that Trump's 2010 bid to operate the course relied on fraudulent financial statements.
"The award granting the Trump Organization the concession cites Mr. Trump's wealth as one basis for award, and the contract documents include a personal guaranty by Mr. Trump," according to the attorney general's complaint.
Trump indicates he'll attend more days
Former President Trump took swipes at the attorney general and the judge overseeing his case during a break, calling the trial a "disgrace," and saying that he will return over the course of proceedings.
"I'll be seeing a lot of you," he told reporters, "because this is a horrible thing that's happening to this country."
He again claimed the civil lawsuit brought by AG Letitia James -- as well as the litany of other cases he faces -- are politically motivated.
"If I weren't leading in all the polls, or if I weren't running, I wouldn't have any of these cases," Trump said.