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
'The numbers are much greater,' Trump says
"This is all ridiculous," Trump told reporters on his way into the courtroom, regarding the trial.
"The numbers are much greater than on the financial statement," he said of the New York attorney general's accusation that he overvalued his properties on this statements of financial condition, before going on to call New York AG Letitia James, who is Black, a racist who has "made some terrible statements."
Trump takes the stand
"The people call Donald J. Trump," state attorney Kevin Wallace said.
With that, Donald Trump rose from his seat, made the short walk from the counsel table to the witness stand, and took a seat.
To his immediate right sits Judge Arthur Engoron and his clerk Allison Greenfield, who Trump has repeatedly criticized as biased. Directly across from him and in eyeshot is New York Attorney General Letitia James, who sits in the courtroom's gallery with her eyes fixed on the former president.
Trump, wearing a tailored navy blue suit, blue dress shirt, and blue tie, sits slightly slouched in the witness box.
"Please raise your right hand," a court officer advised Trump. "Do you solemnly swear or affirm that any testimony you give will be the truth, the whole truth and nothing but the truth?"
"I do," Trump said with his hand raised.
The numbers 'don't lie,' says New York AG
New York Attorney General Letitia James briefly conferred with her team of lawyers in court this morning before taking her seat in the gallery.
Before entering the courtroom, James predicted that Trump will likely engage in "name calling, taunts, [and] race baiting" to distract from his testimony.
"Before he takes the stand, I am certain that he will engage in name calling, taunts, race baiting, and call this a witch hunt," James told reporters. "But at the end of the day, the only thing that matters are the facts and the numbers, and numbers, my friends, don't lie."
New York AG's senior counsel to question Trump
Senior Enforcement Counsel Kevin Wallace of the New York attorney general's office will lead the direct examination of Donald Trump when the former president takes the stand this morning.
Wallace led the depositions of Trump during the New York attorney general's investigation and also delivered the state's opening statement in the trial.
"The defendants were lying year after year," Wallace said in his opening statement.
A constant presence in court during the trial, Wallace joined the New York AG's office in 2018 after working in the private sector for 15 years.
Wallace and Trump sparred for hours during Trump's April deposition, according to a transcript of the deposition that was subsequently released by the AG's office.
"We're going to be here until midnight if your client answers every question with an eight-minute speech," Wallace remarked after one of Trump's lengthier answers.
Wallace tried to press Trump on spreadsheets that Wallace displayed during the deposition, promoting frequent objections from Trump's lawyers.
"Oh my God -- are you people capable of reading a spreadsheet?" an exasperated Wallace said after one objection from Trump's attorney Chris Kise.
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.