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 lawyer broaches mistrial over unproven report of bias
Eric Trump has resumed his testimony this morning.
Before he took the stand, Donald Trump's attorney Chris Kise said that the defense team is considering requesting the mistrial on the basis of a Breitbart report alleging bias from Judge Engoron's law clerk.
"I think the defense will have to give serious consideration to seeking a mistrial," Kise said, initially referencing a vague media report that "some random individual" filed a complaint on Oct. 3 alleging "accusations of partisan political activity" by the judge's clerk.
"It's not information, it's an allegation," Judge Engoron initially responded. "I don't know what you are talking about, and I will respond later."
A state attorney argued that Kise was arguing a "frivolous position" and requested specifics about the news report Kise cited.
"I'm not the internet person. I want to say it is on Breitbart maybe. It's on a news outlet," Kise said, prompting laughter from the gallery.
"This idea that somebody notified me ... is absolutely untrue. OK? Absolutely untrue," Engoron responded. "I will let everybody in the room decide what they think about Breitbart."
"It's a shame you descended to this level," Engoron added.
A court spokesperson subsequently described the report as "not a serious complaint."
NY AG claims Trump Jr., Eric Trump lied to enrich father
After a day of testimony in which tempers at times flared on all sides, Eric Trump will return to court this morning for what is expected to be his final day on the witness stand.
In a video statement posted to social media last night, New York Attorney General Letitia James suggested that Donald Trump Jr. and Eric Trump's testimony yesterday highlighted how they lied to help inflate their father's net worth.
Eric Trump was "intimately involved in lying about the values of properties ... to make his father appear richer," while Donald Trump Jr. "continued to lie" by certifying his father's financial statements despite being confronted with misstatements, James alleged.
"They pretend that they were not involved in their family's fraudulent business. But the facts tell a very different story," James said in the video.
Appeals courts rules that Ivanka Trump must testify
A New York appeals court has denied an emergency request from Ivanka Trump to stop her testimony at her father's civil fraud trial.
Trump's daughter, who is not a defendant in the case, was subpoenaed by the attorney general to testify.
She is currently scheduled to testify next week on Wednesday.
Trump attorney decries trial as 'waste of NY taxpayer dollars'
Outside court after court was adjourned for the day, Trump attorney Alina Habba defended the actions of Donald Trump's adult children on the heels of their testimony.
"These children are being brought in, away from their families, for doing nothing wrong," Habba said.
Echoing Trump, Habba attacked New York Attorney General Letitia James and called the trial "the biggest waste of New York taxpayer dollars I have ever seen."
"She piggybacked on Trump to get into office. She didn't do it well enough to become governor," Habba said, referencing James' failed attempt to run for New York governor in 2021.
"This is a waste of time," Habba said.
Exiting court separately with his attorney, Eric Trump shot a thumbs-up to an onlooker ahead of his return to the stand Friday morning.
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.