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 to attend court, still hopes to present closing statement
Donald Trump is set to attend his civil fraud trial today, where he still hopes to participate in the defense's closing statement despite Judge Arthur Engoron rejecting that request yesterday.
The former president last night dismissed the idea that spending time in the courtroom is impacting his campaign ahead of Iowa caucuses and New Hampshire primary.
"No -- we're leading by record numbers," Trump told ABC News.
The defense team's closings are scheduled to take place from 10:15 a.m. ET to 12:45 p.m. ET, while the state's closing is scheduled from 2:15 p.m. ET to 4:30 p.m. ET.
The defense plans to use most of its allotted time, and the attorney general's office has indicated their closing statement would run roughly one hour, according to emails shared on the court's docket yesterday.
Trump still wants to present closing argument Thursday
Donald Trump still hopes to present a portion of the closing argument at his civil fraud trial Thursday, the former president said on social media.
Trump's statement comes after Judge Arthur Engoron threw his plan into doubt earlier Wednesday when the judge shared an email exchange in which Trump's lawyers declined to agree with the rules Engoron set for Trump's closing.
Characterizing Engoron's move as "mean & nasty," Trump said in his social media post that he still "would like to personally do the closing argument."
Trump's closing argument in doubt after heated email exchange
Former President Donald Trump's plan to deliver part of his closing argument Thursday, as reported yesterday by ABC News, is now in doubt after he failed to meet a deadline to agree to limitations imposed by Judge Arthur Engoron.
According an email exchange between Engonon and defense counsel that was posted to the public docket Wednesday, Engoron said that Trump would have to follow the case's limited gag order, and that he would not be allowed to "impugn" the New York attorney general or her staff -- limitations that Trump attorney Chris Kise rejected, calling them "untenable."
"The limitations I am imposing, in my absolute discretion, are not subject to further debate. Take it or leave it," Engoron replied on Jan. 9, according to the email thread.
When Trump's lawyers missed the first deadline set by Engoron, the judge determined that Trump could not testify. Kise then responded that he did not see the deadline and requested that the closing arguments be postponed because of the death of Melania Trump's mother on Tuesday.
"I am sad to advise the Court that Mrs. Trump's mother passed away this evening. Because of the challenges presented by this deeply personal family matter, President Trump has asked that I request the Court postpone the date for closing argument," Kise wrote yesterday.
Engoron promptly denied the request and said the closings would continue as planned.
"On balance, going forward makes the most sense. Please tell Mr. Trump that I am sorry," Engoron wrote.
Kise informed Engoron that Trump still planned to attend the closings and speak.
"Despite the fact that his Mother-in Law, who he was very close to, passed away late last night, President Trump will be speaking tomorrow," Kise said in an email this morning.
When Engoron asked for assurance that Trump agreed to his rules, Kise pushed back, writing, "You are not allowing President Trump, who has been wrongfully demeaned and belittled by an out of control, politically motivated Attorney General, to speak about the things that must be spoken about."
"I won't debate this yet again. Take it or leave it. Now or never. You have until noon, seven minutes from now. I WILL NOT GRANT ANY FURTHER EXTENSIONS," Engoron replied at 11:54 a.m.
After Kise failed to respond, Engoron emailed him at 12:12 p.m. that he assumed Trump would not be speaking and that their email exchange would be posted to the court's public docket.
Responding to the development, Trump's legal spokesperson, Alina Habba, said in a statement to ABC News: "Is anyone surprised anymore?"
Trump intends to deliver part of closing himself, say sources
Former President Trump intends to personally deliver part of the defense's closing argument at the conclusion of his civil fraud trial in New York on Thursday, sources familiar with the former president's strategy tell ABC News.
The defendants in the case -- Trump, his two eldest sons and two former Trump Organization executives -- are represented by three primary attorneys, Christopher Kise, Clifford Robert and Alina Habba. But sources say Trump himself is determined to deliver a portion of the closing statement.
The sources cautioned that plans for the defense's closing argument remain fluid.
The Manhattan courtroom where the trial has been held during its first 11 weeks is currently in use for another high-profile trial involving the New York attorney general's case against the National Rifle Association, and the judge in that case told jurors that trial would temporarily move to a different courtroom this week to accommodate Trump's civil trial.
-Aaron Katersky and John Santucci
Ivanka Trump's testimony moved to Nov. 8
Donald Trump's daughter Ivanka Trump is now scheduled to testify on Wednesday, Nov. 8, after a scheduling conflict necessitated the change.
Her testimony will come at the conclusion of the New York attorney general's case, before the defense puts on its case.
Both parties agreed to in court today to change the date of her appearance from the original date this coming Friday.
Donald Trump Jr. is still set to begin his testimony this Wednesday, and state attorney Andrew Amer suggested that the state will need less than a full trial day top question him.
"Eric Trump should be available to start whenever we finish Donald Trump Jr.," Amer said.
Eric Trump will likely testify through Thursday, and no additional witnesses are currently scheduled to testify on Friday.
"We will leave Friday as a big question mark," Judge Engoron remarked.
Donald Trump is still scheduled to testify on Monday, followed by a day off for Election Day, then Ivanka Trump's testimony on Wednesday.
"Nothing ever goes according to plan," Trump's lawyer Chris Kise joked while agreeing to the arrangement.