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.
Top headlines:
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
Lawyer says no evidence implicates Trump's sons
Defense attorney Clifford Robert rounded out the defense summations by repeating claims that no evidence implicates his clients Eric Trump and Donald Trump Jr.
"There is not one witness who says that Eric Trump or Donald Trump Jr. had nothing more than peripheral involvement with the statement of financial condition" that's at the heart of the case, Robert said. He added that even former Trump lawyer Michael Cohen -- who he described as "the biggest liar on the face of the planet" -- failed to implicate his clients.
Delivering his summation from the far side of the courtroom as if he was addressing the courtroom's jury box, Robert frequently pointed to the courtroom's gallery where Eric Trump sat in the first row.
"They have their futures ahead of them," Robert implored Judge Engoron, warning that the case could result in a professional "death penalty" for Trump's two eldest sons and could harm their families.
Like his co-counsel, Robert criticized the case as politically motivated.
"This is a press release wrapped up in a lawsuit," he quipped.
Robert concluded his statement by requesting that all the causes of action alleged against Trump's sons be dismissed.
Trump lawyer calls case 'political agenda,' drawing rebuke
The second of three defense attorneys to present closing arguments, Alina Habba, began her statement with accusations of political motives.
Habba, who also serves as Trump's legal spokesperson, said, "This case started before Ms. James took office," referring to New York Attorney General Letitia James. "You are now being dragged through a political agenda."
The accusation prompted an interjection from Judge Engoron, who earlier in the week instructed Trump's attorneys via email that Trump -- should be participate in the closings -- would have to abide by the same rules lawyers must adhere to when delivering a closing statement, namely "commentary on the relevant, material facts that are in evidence, and application of the relevant law to those facts."
"You saw the email exchange," Engoron reminded Habba. "So facts, law."
Habba pivoted, declaring that Trump "is worth billions" and arguing that there could be no fraud. She said the Trump Organization and its executives relied on the company's outside accounting firm, Mazars USA, to flag any impropriety with asset valuations and how they were calculated.
"We have wasted years, you and me, your honor, and for what?" Habba said.
Trump attorney warns ruling 'impacts every corporation in NY'
Trump attorney Chris Kise wrapped up his closing statement by warning that the upcoming ruling in Donald Trump's civil fraud trial "impacts every corporation in New York."
"This decision is not just about President Trump," Kise said.
"What you do, judge, impacts every corporation in New York. The commercial marketplace would cease to exist as we know it," Kise warned.
Kise repeated his claim that the alleged fraud lacks any witnesses, allegations of fraud, and lost money; instead, the case is simply the "weaponization" of New York Executive Law 63(12), he argued.
"You cannot allow the attorney general to pursue a victimless fraud and enforce the corporate death penalty," Kise said.
'You can't just make up a number,' Trump lawyer says of $370M fine
Trump's attorney Chris Kise hammered away at the New York attorney general's request for a fine of $370 million, calling the request "pure speculation" in his closing argument.
"You can't just make up a number in the sky," Kise argued, criticizing the New York AG for stepping into private transactions.
"The attorney general is going to come along ten years later because she does not like Donald Trump," Kise said.
Arguing that Trump's main lender at Deutsche Bank was happy to do business with the Trump Organization despite accusations that Trump overvalued his assets, Kise said that the state is attempting to rely on expert testimony due to a lack of testimony from bankers alleging wrongdoing.
Judge Engoron intervened twice during Kise's argument to cast doubt on the claim that happy bankers mean there was no wrongdoing.
"If the bank doesn't say it's material, then it's simply not material," Kise responded.
"That's not logically correct," Engoron said. "You can't just get a witness to say it was not material to us, so it was not material."
Kise also spent a significant portion of his closing statement criticizing former Trump attorney Michael Cohen, who he argued was the only witness to support the attorney general's claim of a conspiracy to defraud lenders.
"We have an individual who comes into the courtroom and lies right in front of you, and the attorney general wants you to find him credible," Kise said regarding Cohen reversing his testimony during the trial.
'We can all read,' judge chides defense attorney
Defense attorney Jesus Suarez spent the first hour of court walking former Deutsche Bank executive Nicholas Haigh through a year-by-year review of the bank's credit reports about Trump's loans.
Under questioning, Haigh has acknowledged that Deutsche Bank's analysis supported approving Trump's loans.
At the same time, Suarez' approach is testing Judge Arthur Engoron's patience.
"We can all read, so I don't know why we are spending so much time on this," Engoron said at one point, describing the testimony as "redundant" and "obvious."
Engoron also criticized Suarez for appearing to highlight the fact that Trump never defaulted on the loans themselves -- an issue that is uncontested by both sides in the case.