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 prepped for testimony with attorneys, say sources
Donald Trump, in New York, had a prep session with his lawyers Sunday ahead his testimony, sources tell ABC News.
Trump's mood during the session fluctuated between fits of anger regarding the case and being "in a good head space," according to sources.
The former president "can be a good witness if he stays focused," one source said.
Trump due in court to testify this morning
Former President Trump is due in court to begin his testimony in his $250 million civil fraud trial at 10 a.m. ET.
Hundreds of members of the news media are huddled outside the New York State Supreme Courthouse ahead of Trump's arrival, with some having waited overnight.
Judge extends limited gag order to cover lawyers
After multiple in-court disputes about communications between him and his law clerk, Judge Arthur Engoron modified his limited gag order to cover attorneys in former President Donald Trump's civil fraud trial.
"Defendants may reference my staff as is appropriate to ask about scheduling issues or the management of the trial, which is an integral part of their jobs. What they may not do is to make any further statements about internal and confidential communications (be it conversations, note passing, or anything similar) between me and my staff," Engoron wrote in his supplemental limited gag order on Friday.
Engoron wrote that defense lawyers Chris Kise, Alina Habba, and Clifford Robert made "repeated, inappropriate remarks about my Principal Law Clerk, falsely accusing her of bias against them and of improperly influencing the ongoing bench trial."
The attorneys have raised multiple arguments during the trial that Engoron and his clerk passing notes between each other suggests impropriety and is distracting. Going forward, if the lawyers want to object to communications with his clerk, Engoron advised that they refer to the order as a "blanket statement."
"This gag order is as narrowly tailored as possible to accomplish its purpose, which is to protect the safety of my staff and promote the orderly progression of this trial," Engoron said.
To justify the safety threat, Engoron added that his chambers has received "hundreds of harassing and threatening phone calls, voicemails, emails, letters, and packages" since the start of the trial,
The judge threatened "serious sanctions" for violations of the extended order.
Eric Trump, leaving court, criticizes case against his family
Standing in the courthouse hallway where his father earlier railed against his civil trial, Eric Trump echoed his father's attacks on the New York attorney general and the case levied against his family, following the adjournment of court for the day.
"We have an unbelievable company. We have some of the best assets anywhere in the world. We've never had a default. We've never missed a payment," Eric Trump said of the Trump Organization.
Like his father, he described the case as politically motivated and decried the involvement of his family.
"They've dragged Don and I and Ivanka into it as collateral damage," he said.
Later, addressing reporters on the courthouse steps, he said that the state's efforts should be focused elsewhere.
"Let's get the murderers off the street. Let's take care of the crime. Let's rebuild our infrastructure. Everywhere you drive in New York, you hit a pothole and your car gets destroyed," he said.
Trump never risked breaching loan covenants, banker suggests
Deutsche Bank managing director Dave Williams downplayed the possibility that Donald Trump could have defaulted on the net-worth covenants included in his loans.
While both parties agree that Trump never defaulted on his loans, New York Attorney General Letitia James alleges that had Trump accurately reported the value of his assets, he could have risked defaulting on a loan covenant that required he maintain a net worth of $2.5 billion.
Defense attorney Jesus Suarez pushed back on that allegation by asking Williams about the severity of a covenant default -- i.e., breaching the terms of the loan -- compared to a payment default triggered by a missed payment.
"Generally speaking, a payment default is a more material default than a covenant default," Williams said. "It speaks definitively to the repayment of the loan."
Williams described a loan covenant as a "guardrail," and suggested that breaching the covenant would have brought Trump back to the negotiating table to adjust the loan terms.
Williams also reiterated that he was not aware of any loan or covenant defaults by Trump.
James is expected to request a fine of nearly $400 million for Trump's allegedly ill-gotten gains, including over $140 million based on the potential interest she says was lost by Deutsche Bank. By proving that the loan agreements were lawful, Trump's lawyers could significantly lower the fine Trump faces.