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
No merit to NY AG's complaint, defense expert says
The New York attorney general's civil fraud complaint against former President Trump lacks merit, a defense expert in accounting testified.
"My main finding is that there is no evidence whatsoever for any accounting fraud," New York University professor Eli Bartov said. "My analysis shows the statements of financial condition for all the years were not materially misstated."
Bartov's testimony bolstered the defense's contention that non-audited financial statements, like Trump's, are unreliable and represent only a first step in analysis.
"You cannot use the raw numbers in the statements as the basis for making decisions," Bartov said. "If you do that, you are likely to reach the wrong decision."
Judge Engoron asked Bartov whether the attorney general's complaint had no merit.
"This is absolutely my opinion," Bartov replied.
"And why is that?" defense attorney Jesus Suarez jumped in to ask.
"There is not a single reference to a specific provision of GAAP that was violated," Bartov said, referring to the generally accepted accounting principles." "If you allege there was an accounting violation, they have to tell us what provision was violated."
State attorneys objected to the relevance of Bartov's opinion, but Judge Engoron denied the objection.
Court affirms pausing dissolution of Trump Organization
A panel of five appellate judges has affirmed a judge's Oct. 6 decision that paused the dissolution of the Trump Organization.
Judge Peter Moulton issued a ruling during the first week of the trial pausing the immediate cancellation of Donald Trump's business certificates, as ordered by Judge Arthur Engoron in his partial summary judgment ruling on the eve of the trial.
Trump's attorneys argued in favor of the stay of enforcement action until the end of the trial, and the New York attorney general supported their argument.
Today's ruling formally pushes a decision on the fate of the Trump Organization into the new year, when Engoron issues his final ruling in the case.
Trump in attendance for accounting expert's testimony
Donald Trump is back in court as a spectator, marking the first time the former president has attended the proceeding in over a month.
Trump entered the courtroom alongside his legal spokesperson Alina Habba and his son Eric Trump, who canceled his testimony that was initially scheduled for yesterday. Notably absent from the courtroom is New York Attorney General Letitia James.
Previewing today's testimony from New York University accounting professor Eli Bartov, Trump said on his way into the courtroom that he has "one of the greatest experts in the country" taking the stand today.
"We did nothing wrong. There were no victims. The bank loves us," Trump said.
Donald Trump set to attend trial today
Donald Trump is set to return to his civil fraud trial as a spectator today, marking the first time the former president has attended the proceeding in over a month.
Trump has attended eight of the trial's 41 days, including when he testified as the last witness in the state's case on Nov. 6. He is scheduled to return to the stand as the final witness in the defense's case on Monday.
This morning, Trump's lawyers will call New York University professor Eli Bartov as their second-to-last witness.
Trump attorney Chris Kise cited Bartov's testimony in his opening statement as vital to proving that Trump fully complied with all accounting rules and regulations when he submitted his statements of financial condition, which underpin the attorney general's allegations in the case.
"The statements are ... the beginning, not the end, of a highly complex valuation process," Kise said.
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.