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
'We will win,' Trump tells reporters regarding case
Speaking to reporters during a break after his lawyer Alina Habba grilled Michael Cohen for over an hour, Trump continued his attacks on his former attorney.
"[He] went to jail for lying, [and] this is their only witness," Trump said of Cohen. "When you think about it, it's pretty amazing."
Trump said that despite the lack of a jury, he would win the case.
"We will win because the facts are on our side to a level that nobody's ever seen anything like that before," Trump said.
The case will be decided by Judge Engoron, who already determined in a pretrial ruling that Trump had engaged in repeated fraud.
'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.
Trump Organization exec to continue testimony
Trump Organization executive Patrick Birney will continue his testimony this morning on Day Nine of the trial.
Roughly 40 years younger than ex-Trump Organization CFO Allen Weisselberg -- his former boss and the previous witness in the trial -- Birney testified yesterday that he largely relied on Weisselberg and controller Jeffrey McConney to put together Trump's annual financial statements.
"I was not the final decision maker," said Birney, who was an assistant VP during that time period.
State attorney Kevin Wallace highlighted Birney's statements during his opening statement as evidence of an alleged conspiracy within the Trump Organization to inflate Trump's net worth.
"He likes to see it go up," Birney said, according to Wallace.
If Birney completes his testimony today, Trump Hotels chief accounting officer Mark Hawthorn is scheduled to testify next.