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
Judge, in decision, says the buck stopped with Trump
Judge Engoron took direct aim at several of the Trumps' core defenses, including Trump's claim that real estate appraisal is imprecise and subjective, and that property valuations reflect nuances in the market that only sophisticated practitioners can understand.
Engoron called that argument a "great red herring in this case."
"True enough, as appraising is an art as well as a science," Engoron wrote. "However, the science part cannot be fraudulent. When two appraisals rely on starkly different assumptions, that is not evidence of a difference of opinion, that is evidence of deceit."
Engoron also undercut a common refrain from defendants' that their accountants were responsible for maintaining above-board business practices.
In a section of his ruling titled, "Blame the Accountants," Engoron wrote that, "There is overwhelming evidence … that the buck for being truthful in the supporting data valuations stopped with the Trump Organization, not the accountants."
Judge orders monitor to oversee company
Judge Engoron vacated his September order canceling the defendants’ business certificates, instead ordering an independent monitor to oversee the Trump Organization for at least three years.
He also ordered an Independent Director of Compliance be installed at the company.
Judge says Trump's lack of remorse 'borders on pathological'
Judge Engoron, in his decision, excoriated the Trumps and their co-defendants for their "complete lack of contrition and remorse" that he said "borders on pathological."
"They are accused only of inflating asset values to make more money. The documents prove this over and over again. This is a venial sin, not a mortal sin."
"Defendants did not commit murder or arson," the judge wrote. "They did not rob a bank at gunpoint. Donald Trump is not Bernard Madoff. Yet, defendants are incapable of admitting the error of their ways. Instead, they adopt a 'See no evil, hear no evil, speak no evil' posture that the evidence belies."
Judge fines Trump $5,000 for violating partial gag order
Judge Engoron has fined Donald Trump $5,000 for what the judge called Trump's "inadvertent" violation of his limited gag order that occurred when the former president's false Truth Social post about Engoron's clerk was not removed from Trump's campaign website.
"Donald Trump has received ample warning from this Court as to the possible repercussions of violating the gag order," Engoron wrote in a ruling after court had ended for the day. "He specifically acknowledged that he understood and would abide by it. Accordingly, issuing yet another warning is no longer appropriate; this Court is way beyond the 'warning' stage."
The judge said he decided to impose a nominal $5,000 fine "given defendant's position that the violation was inadvertent."
However, the judge wrote, "Make no mistake: future violations, whether intentional or unintentional, will subject the violator to far more severe sanctions, which may include, but are not limited to, steeper financial penalties, holding Donald Trump in contempt of court, and possibly imprisoning him pursuant to New York Judiciary Law 753."