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
Eric Trump appears to contradict deposition
After acknowledging in his testimony that he provided Trump Organization controller Jeffrey McConney with information for his father's statement of financial condition, Eric Trump was shown video from his own deposition where he appeared to contradict his testimony in court.
"I have no recollection of ever providing Jeff material to be used in a statement that I've ever seen," Eric Trump said in the deposition he gave state attorneys during their probe.
"I don't think it would have ever registered" what the material was for, Eric Trump said in court today, responding to his own statement during his deposition.
Eric Trump clarifies testimony about email
Eric Trump clarified his earlier answer regarding his involvement in his father's statement of financial condition, in which he was asked if he recalled a 2013 email from then-Trump Organization controller Jeff McConney asking him for notes for the statement.
"I clearly understood I sent notes to Jeffrey McConney," Eric Trump testified.
"I don't think that it ever registered [that] it was for a personal statement of financial condition," he said.
Eric Trump acknowledges email about financial statement
Eric Trump responded angrily when a state attorney questioned his previous statement that he was unaware that information he provided was being used in his father's statement of financial condition.
"We're a major organization. A massive real estate organization," Eric Trump said, raising his voice, before acknowledging he was aware of his father's financial statements, which are at the center of the case.
State attorney Andrew Amer pressed Eric Trump about a 2013 email in which then-Trump Organization controller Jeff McConney told Eric Trump, "I'm working on the notes to Mr. Trump's annual financial statement..."
"Is it correct that when you received this email in August of 2013, you understood that your father had an annual financial statement and you understood that Mr. McConney was asking you for information to assist with notes for that financial statement?" Amer asked.
"Yes," Eric Trump said.
Judge is 'hurting my very good children,' Trump says
Former President Trump took to social media to criticize Judge Engoron after Donald Trump Jr. yielded the witness stand to his brother Eric.
"Engoron is a wacko who is having a great time endlessly sanctioning, fining, & pushing around 'TRUMP,' hurting my very good children, & working to damage & defame me," the former president wrote on Truth Social.
As he he left the courthouse following his testimony, Trump Jr. told reporters, "I think it went really well, if we were actually dealing with logic and reason."
He reiterated that he relied on the Trump Organization's accountants to put together the financial statements at issue, and that he was not responsible for their contents.
"Before even having a day in court, I'm apparantly guilty of fraud for relying on my accountants to do -- wait for it -- accounting," Trump Jr. said. "You pay experts millions of dollars to be experts, you sign off on what they give you, and you're liable?"
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.