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
Asked about 2011 emails, Ivanka Trump says they're hard to recall
Asked about business negotiations from 2011, Ivanka Trump has been struggling to recall the details of her interactions from 12 years ago.
"I don't recall, sitting here today, seeing these terms from 2011," she responded after being shown a 2011 email to an Inbursa Bank representative. "I don't remember having these conversations other than on a very high level."
She has been punctuating her testimony with subtle indicators of how far removed she is from deals and documents discussed in court.
"I believe it was the ninth month of pregnancy of my oldest daughter," she remarked after she was shown another document from 2011.
When asked about other documents, she added it was hard to remember "after all these years removed" or that she can only "recall you reminding me of that discussion."
'My father will send you' his statement, Ivanka Trump said in email
Poised and patient on the witness stand, Ivanka Trump described how her husband, Jared Kushner, introduced her to Deutsche Bank's private wealth management division, for which she later became the Trump Organization's liaison and worked to arrange financing for the firm's purchase of the Doral golf club in Miami.
She was shown an email in which she told a different potential lender that "my father will send you his most recent financial statement," a potential indication of the document's importance despite former President Trump's prior testimony that the banks didn't care about his financial statements when deciding whether to loan him money.
"They were just something that you would have," Trump said during his testimony Monday about the statements at the center of the case.
Ivanka Trump avoids courtroom photos
Unlike her father and brothers, who, when they testified, were photographed by news photographers at the defense counsel table alongside their lawyers before taking the stand, Ivanka Trump appears to have avoided her courtroom photo opportunity.
While her father and brothers are defendants in the case, Ivanka Trump is a third-party witness. No photographers were allowed in the courtroom this morning.
Ivanka Trump takes the stand
"The people call Ivanka Trump," state attorney Louis Solomon said.
"Who's she?" Judge Arthur Engoron responded jokingly.
After a few awkward minutes of waiting, Ivanka Trump entered the courtroom, walked toward the judge, and took her place in the courtroom's witness box. She did not address or make eye contact with Letitia James as she passed the New York attorney general.
"Do you solemnly swear or affirm that any testimony you give will be the truth, the whole truth and nothing but the truth?" a court officer asked her.
"I do," she responded with her right hand raised.
Rebuttal witness assails Trump's disclosures
State attorney Kevin Wallace concluded his direct examination of the New York attorney general's second and final rebuttal witness amid frequent objections by defense lawyers.
Lewis attempted to explain how Donald Trump's statements of financial condition failed to disclose that he did not conduct a discounted cash flow analysis, contributing to the over-valuation of some of his assets.
"There is no mention of discounting or future value in the disclosure," Lewis said, disagreeing with testimony from defense expert Jason Flemmons -- as well as former Mazars USA accountant Donald Bender, who testified as a state witness.
“Are you impeaching your own witness?” Engoron asked state attorneys regarding whether Bender’s testimony should no longer be considered credible.
"We didn't feel the need to," Wallace responded.
Lewis also suggested that Trump's external accountants at Mazars had less of an obligation to highlight issues that Flemmons suggested, since they were only conducting a compilation report rather than a more intensive audit. While Mazars had an obligation to flag obvious issues, they were not responsible for ensuring Trump's statements were compliant with generally accepted accounting principles, he testified.
"If while doing the compilation ... something comes to the attention of the accounts that could be a GAAP departure, they have a responsibility to bring that issue to the client," Lewis said regarding generally accepted accounting principles.
During the hour-long direct examination, defense lawyers objected at least 14 times, successfully interrupting the line of questions.
"I am lost," Engoron asked at one point. "Can you put this together?"
The parade of objections visibly irritating Wallace, who voiced his displeasure.
"Petulant outbursts don't really play well in the courtroom," quipped Trump lawyer Chris Kise in response.