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
Michael Cohen 'told the truth': Judge Engoron
On Michael Cohen, Donald Trump's former lawyer and self-described "fixer," Judge Engoron wrote in his ruling that he found the star witness to be a credible witness despite having been convicted of perjury.
"His testimony was significantly compromised by his having pleaded guilty to perjury and by some seeming contradictions in what he said at trial," Engoron wrote. "However, carefully parsed, he testified that although Donald Trump did not expressly direct him to reverse engineer financial statements, he ordered him to do so indirectly, in his 'mob voice.'"
Engoron continued that although the "animosity between the witness and the defendant is palpable, providing Cohen with an incentive to lie, the Court found his testimony credible, based on the relaxed manner in which he testified, the general plausibility of his statements, and, most importantly, the way his testimony was corroborated by other trial evidence."
A "less-forgiving factfinder" might have come to a different conclusion and not believed "a single word of a convicted perjurer," Engoron wrote.
"This factfinder does not believe that pleading guilty to perjury means that you can never tell the truth," he continued. "Michael Cohen told the truth."
Cohen, who pleaded guilty in 2018 to lying to Congress about the Russia probe, addressed the passage on social media, writing on X, "Judge Engoron's determination regarding my veracity at the NYAG Trump civil fraud trial. Michael Cohen told the truth!"
Trump family reacts to ruling: 'Insane'
Members of the Trump family and their attorneys roundly called the ruling unjust and indicated they plan to appeal.
Eric Trump told ABC News the judgment against him and his family is "a total joke" and "insane." He said the family will immediately appeal the ruling, which he said shows the court and the attorney general in his opinion are "living in an alternate universe."
Donald Trump Jr. accused the case of being politically motivated.
"We've reached the point where your political beliefs combined with what venue your case is heard are the primary determinants of the outcome; not the facts of the case!" he said in a statement to ABC News.
Donald Trump's lawyer, Chris Kise, also claimed the case was an "unjust political crusade" against the leading Republican presidential candidate and that there was no evidence of fraud.
"Hard to imagine a more unfair process and hard to believe this is happening in America," Kise said, adding that the former president "will of course appeal."
Donald Trump's legal spokesperson, Alina Habba, called the verdict a "manifest injustice" and the "culmination of a multi-year, politically fueled witch hunt."
"Countless hours of testimony proved that there was no wrongdoing, no crime, and no victim," Habba said in a statement. "Given the grave stakes, we trust that the Appellate Division will overturn this egregious verdict and end this relentless persecution against my clients."
The Trump Organization also said the ruling was a "gross miscarriage of justice."
"Every member of the New York business community, no matter the industry, should be gravely concerned with this gross overreach and brazen attempt by the Attorney General to exert limitless power where no private or public harm has been established," a spokesperson said in a statement. "If allowed to stand, this ruling will only further expedite the continuing exodus of companies from New York."
Judge, in decision, says the buck stopped with Trump
Judge Engoron took direct aim at several of the Trumps' core defenses, including Trump's claim that real estate appraisal is imprecise and subjective, and that property valuations reflect nuances in the market that only sophisticated practitioners can understand.
Engoron called that argument a "great red herring in this case."
"True enough, as appraising is an art as well as a science," Engoron wrote. "However, the science part cannot be fraudulent. When two appraisals rely on starkly different assumptions, that is not evidence of a difference of opinion, that is evidence of deceit."
Engoron also undercut a common refrain from defendants' that their accountants were responsible for maintaining above-board business practices.
In a section of his ruling titled, "Blame the Accountants," Engoron wrote that, "There is overwhelming evidence … that the buck for being truthful in the supporting data valuations stopped with the Trump Organization, not the accountants."
Trump loses bid to throw out limited gag orders, fines
Donald Trump has lost his appeal to throw out the limited gag orders and associated fines in his civil fraud trial.
In a decision Thursday, New York's Appellate Division, First Department rejected Trump's request to annul and vacate the limited gag orders imposed by Judge Arthur Engoron that prohibit Trump and attorneys from commenting on the judge's staff.
In November, Trump's lawyers asked the Appellate Division to vacate the gag orders, citing a provision of New York state law to personally sue Judge Engoron. But the court said in today's ruling that the method used to appeal the gag orders was an improper application of the law.
"To the extent there may have been appealable issues with respect to any of the procedures the court implemented in imposing the financial sanctions, the proper method of review would be to move to vacate the Contempt Orders, and then to take an appeal from the denial of those motions," the ruling said, indicating that Trump should use the normal appellate process to pursue the vacating of the gag orders.
The court also determined that the "extraordinary remedy" requested by Trump's lawyers did not match the minimal potential harm from barring statements about Engoron's staff.
"Here, the gravity of potential harm is small, given that the Gag Order is narrow, limited to prohibiting solely statements regarding the court's staff," the decision said.