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.


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


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Trump storms out after Cohen reverses testimony

Former President Trump stormed out of courtroom after the judge denied his request for an immediate directed verdict to end the trial.

Defense attorney Clifford Robert asked Judge Engoron to end the trial after Michael Cohen offered contradictory testimony about his 2019 testimony in front of Congress.

During his 2019 testimony, Cohen was directly asked, "Did Mr. Trump direct you or Mr. Weisselberg to inflate the numbers for his personal statement?" referring to then-Trump Organization CFO Allen Weisselberg.

"Did he ask me to inflate the numbers? Not that I recall," Cohen responded.

Confronted with this testimony before today's lunch break by Alina Habba, Cohen testified that he lied during the 2019 testimony.

Shown the same testimony again by Robert after lunch, Cohen reversed course.

"I stand with that response, not that I recall, no," Cohen said, indicating his 2019 testimony was truthful.

Sitting at the counsel table, Trump mumbled inaudibly, threw up his hands, and gestured to Robert, who walked over to Trump from the lectern where he was questioning Cohen.

Trump and Robert whispered for roughly ten seconds, after which Robert returned to the lectern and asked for a directed verdict.

"I can't think of anything more appropriate now," Robert said.

"Denied," Engoron immediately responded.

Trump immediately stood up, turned around, and marched out of the courtroom flanked by Secret Service agents.

"The witness just admitted that we won the trial, and the judge should end this trial immediately," Trump told reporters as he entered the hallway.


'Don't do it again or it will be worse,' judge tells Trump

"Don't do it again or it will be worse," Judge Engoron told former President Trump after fining him $10,000 for violating the limited gag order he imposed prohibiting comments about his staff.

The judge made the comment after Trump's lawyers raised concerns with the sanction.

Trump attorney Chris Kise specifically criticized Engoron for not believing Trump's testimony, which the judge described as "not credible."

"I think the speaker needs to be taken at face value," Kise said.

Trump attorneys Alina Habba and Clifford Robert also criticized how closely Engoron appears to work with his clerk during the trial, which they described as unorthodox.

"I make the final decisions. I value input from both of my law clerks. Every judge does things differently," Engoron said.

When Trump took the stand, the former president sat still but appeared unfazed by the sudden turn of the events.

While Engoron issued his ruling, Trump sat with his arms crossed at the counsel table and briefly conferred with Kise.


Trump, after testifying, fined $10,000 for violating gag order

Judge Engoron fined former President Trump $10,000 for violating a limited gag order after deciding that Trump referred disparagingly to his law clerk during a statement in the hallway.

Trump briefly took the witness stand, raising his hand and stating his name, "Donald John Trump, New York."

Engoron asked Trump, "Did you say, 'This judge is a very partisan judge with a person who is very partisan sitting alongside of him?'"

Trump responded "Yes," but insisted he was referring to Michael Cohen, who was seated next to the judge in the witness chair.

"You sure you didn't mean the person on the other side?" Engoron asked, referring to his law clerk, whom Trump previously disparaged in a social media post that the judge ordered him to take down as part of the limited gag order he imposed earlier in the trial.

"Yes, I'm sure," Trump answered.

Trump conceded his social media post was "maybe unfair" but he added he thinks "she's very unfair."

Engoron decided Trump's hallway statement must have referred to his clerk because "there's a barrier" between the bench and Cohen, and he suggested Trump would have called Cohen by name.

The defense immediately balked at the fine.

"I just don't think there's any clear record here," defense attorney Chris Kise said.


Trump takes stand for gag order hearing

Trump been sworn in as a witness for a hearing Judge Engoron is holding on whether he violated the limited gag order Engoron imposed earlier in the trial.

The former president then took the stand.


Trump Organization executive explains valuations

Patrick Birney had been working for the Trump Organization for more than two years when a magazine article prompted him to change Trump's financial statement, the executive testified.

"There was an article written that stated that Mr. Trump's triplex was actually 10,900 or so square feet," Birney said, referring to a 2017 Forbes magazine article that alleged Trump had been lying about the size of his residence. (Judge Engoron decided in his partial summary judgment last month that the size was misrepresented.)

Birney, who was an assistant VP at the time, testified that Trump Organization executives, including former CFO Allen Weisselberg, "verified" the size and adjusted the next year's statement of financial condition. As a result, the penthouse was valued at $116 million in 2017 -- a steep drop from the 2016 valuation of $327 million.

Birney testified that he looked up comparable properties to come up with the value of the apartment going forward.

"I Google searched recent penthouse sales in Manhattan," Birney said, eventually landing on an web article about a penthouse purchased by billionaire Ken Griffin that set the record for most expensive home ever sold in the United States.

A price-per-square-foot for Trump's penthouse was determined based on that record-breaking sale, Birney said.

When Birney was tasked with finding comparable properties to value Trump's Mar-a-Lago Club, he similarly searched for nearby Palm Beach homes. However, Trump signed a deed in 2002 that limited Mar-a-Lago's purpose to a social club, the New York attorney general alleges, making the price of nearby residences irrelevant.

Asked if he was ever told about the deed by anyone at the Trump Organization, Birney replied, "I don't believe I was." Instead, he said he first learned about it during an "interview with the attorney general's office."

Court then adjourned for the day, with Birney's testimony scheduled to resume tomorrow morning.