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 lauds 'beautiful daughter' ahead of Ivanka's testimony
Former President Donald Trump has renewed his attacks on New York Attorney General Letitia James and Judge Arthur Engoron ahead of testimony this morning from his daughter Ivanka Trump, who is expected to be the last witness in the state's case before the defense begins presenting its case.
"My wonderful and beautiful daughter, Ivanka, is going to the Lower Manhattan Courthouse, at the direction of Letitia Peekaboo James ... and a Trump Hating, out of control Clubhouse appointed Judge, Arthur Engoron, who viciously ruled against me before the trial even started," Trump wrote on Truth Social, referring to the judge's partial summary judgment against the defendants.
Donald Trump's lawyers also plan to question Ivanka Trump -- a notable departure after they declined to cross-examine Donald Trump and his adult sons when they testified.
"We are certainly going to ask her questions, to the extent we have questions," Trump's attorney Chris Kise said on Monday. "We are trying to get that done now so as to minimize the interference in her life to not have to come back again."
James says Trump's testimony doesn't change evidence
New York Attorney General Letitia James, speaking to reporters after court had adjourned, said that Trump's testimony didn't change her case.
"He rambled, he hurled insults, but we expected that," James said. "At the end of the day the documentary evidence demonstrated that, in fact, he inflated his net worth."
The New York AG said she "will not be bullied."
"I will not be harassed -- this case will go on," she said.
Defense says it will finish presenting its case by Dec. 15
Donald Trump's lawyers plan to present a defense case that would conclude by Dec. 15, defense lawyer Chris Kise said.
Before court concluded today, Judge Engoron also advised Trump's lawyers that he would not respond positively to a motion for mistrial based on the actions of his clerk who Trump's attorneys have accused of being biased against the defense and improperly influencing the trial.
"I am directing you not to make that motion," Engoron initially said -- but then he backtracked.
"We obviously are going to be moving for a mistrial -- that is part of the plan. [But] we do not want to put anyone at risk," Trump's lawyer Alina Habba said, requesting clarity about how they can move for a mistrial without violating the case's gag order that prohibits parties from making public statements about the judge's staff.
"You can make that motion. And I'm sorry I yelled at you before," Engoron told Habba.
Court is set to resume on Wednesday with testimony from Ivanka Trump.
Trump steps down from witness stand
After testifying on and off for five hours, Donald Trump has stepped down from the witness stand after completing his direct examination.
State attorney Kevin Wallace concluded his questions by asking Trump about his former CFO Allen Weisselberg, who pleaded guilty to tax evasion, and about internal controls at the Trump Organization.
Weisselberg served three months for tax fraud after he pleaded guilty to 15 felony charges related to his compensation while working for Trump.
"People went after him viciously and violently because he worked for me," Trump said.
Trump said he only learned about Weisselberg's illegal conduct because of the Manhattan district attorney's criminal probe into the Trump Organization and Weisselberg.
"I feel very badly for him," Trump said. "He did a good job for me for a long time."
Regarding the current court case, Wallace asked, "Do you think anything needs to change at the Trump Organization because of what you learned from this lawsuit?"
"I don't think so," Trump said, but suggested he would defer to his new accounting firm.
"We will see if anything will come of it," he said.
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.