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 CFO misrepresented source of appraisals, underwriter says

Former Trump Organization CFO Allen Weisselberg provided misleading information about Donald Trump's assets, according to Claudia Mouradian, an insurance underwriter who met with Weisselberg on multiple occasions.

During meetings with Mouradian in 2018 and 2020, Weisselberg claimed that Trump had strong cash assets and stable properties that had been appraised by third parties -- information that Mouradian said she used to determine that the Trump Organization was in "very good financial shape."

"It was a positive factor when he told me that. He was essentially saying the properties don't fluctuate in value during economic cycles," Mouradian testified about Trump's assets during a video deposition played in court today.

However, Weisselberg acknowledged in his own deposition that the Trump Organization did not use outside appraisers to value properties -- contradicting what he told Mouradian.

"I am understanding you correctly that you did not engage appraisers to perform valuations of properties for purposes of that statement of financial condition?" a state attorney asked Weisselberg in a taped deposition.

"Correct," Weisselberg replied, though he said he did not recall that he told Mouradian the opposite.

"It is not consistent with what he told me at the meeting," Mouradian said when shown Weisselberg's testimony.

Court was subsequently adjourned for the day.


Trump allowed no copies of statements, insurance exec says

An insurance company executive testified that the Trump Organization kept its financial documents closely guarded to an unusual extent.

Claudia Mouradian, a senior underwriting officer at Zurich North America, provided the testimony via a deposition video. Mouradian, who lives outside New York and is nine months pregnant, is the only witness who has been excused from in-person testimony.

Mouradian, who began working on the Trump Organization account for Zurich in 2017, said that the Trump Organization placed restrictions on taking financial materials out of their offices.

"It is rare," she said about the restrictions.

When she reviewed Donald Trump's financial statements in 2018, she recalled a one-hour meeting in Trump Tower overseen by then-Trump Organization CFO Allen Weisselberg.

"He took me to the boardroom. He provided me the financial statements. [He said,] 'take as many notes as you would like, no cellphones, no photocopies,'" Mouradian said. "Allen stayed in the room with me."


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.


Trump claimed $3-5B net worth in lease to run NYC golf course

When the NYC Department of Parks and Recreation awarded Donald Trump the rights to operate a golf course in Ferry Point Park in 2010, Trump represented that he had a net worth of $3 billion and $200 million in cash on hand, according to documents presented as evidence.

Over the next decade, in letters to the Parks Department, Trump claimed that his net worth was as much as $4.9 billion, according to the evidence.

"We wanted to be sure, as we would always, that the operator in place had the funds to deliver on their obligations," David Cerron, the Parks Department's assistant commissioner for business development and special events, said of the agency's requirements for maintaining the licensing agreement on an ongoing basis.

The New York attorney general alleges that Trump inflated his net worth by as much as $2.2 billion during the timeframe and never actually had more than $2.1 billion to his name.

"Would the Department of Parks and Recreation expect this representation to be true, complete, and accurate?" state attorney Sherief Gaber asked.

"Yes," Cerron said.

During cross-examination, defense attorney Jennifer Hernandez highlighted that Trump's financial capacity was the least significant factor considered in the 2010 agreement, compared to other factors like operating experience and operational plans.

"It had the lowest importance to the selection committee?" Hernandez asked.

"This was the lowest," Cerron responded.

Hernandez also highlighted that Trump was not required to submit his own financial statements and that he never missed any payment or financial obligation related to the licensing agreement.

Trump operated the golf course until its lease was bought out by Bally's in 2020, after the city sought to cut its business ties with Trump following the Jan. 6 attack on the U.S. Capitol.


Judge denies defense's 4th request to end trial

The second day of testimony from the defense's expert accounting witness prompted an argument between attorneys for the two sides over the basic question of what the case is about -- leading defense lawyers to make their fourth unsuccessful request for a directed verdict to end the trial.

The arguments came toward the end of direct testimony by accounting expert defense Eli Bartov, who asserted the New York attorney general's case lacked merit because there was no evidence of any fraud on Trump's statements of financial condition, and that any errors about the values of Trump's properties were unintentional and therefore immaterial.

When the defense attempted to question Bartov about those values, state attorneys objected -- prompting defense attorney Christopher Kise to leap from his seat.

"If they don't call anyone to dispute our values, how have they proven their case?" Kise said.

Judge Arthur Engoron, in a pretrial ruling, already decided that Trump conducted a decade's worth of business using fraudulent financial statements, and state attorney Kevin Wallace suggested that Bartov's findings do not change those findings.

"You can't use false statements in business. That's what the summary judgment decision is all about. I think it is pretty much what the rest of this case is about," Engoron said in response to Kise's question.

Kise argued that if the attorney general doesn't prove what Trump's asset values should have been, the case is a "completely rudderless ship" that needs to be "moored to some sort of standard."

"You can't just say it's a misstatement because you feel like it," Kise argued.

"The standard is truth," Engoron responded.

The exchange prompted Trump's legal spokesperson, Alina Habba, to make the defense's fourth motion for a directed verdict, arguing that Engoron is "wasting our time" if he won't consider their expert testimony.

"They have not proven their case. They haven't," Habba said in her request for a directed verdict.

"Denied," Engoron said within seconds of the request, without hearing a response from lawyers for the New York attorney general.