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.


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


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Insurance underwriter to testify

An underwriter who worked on a Trump Organization insurance policy to cover legal expenses incurred by the firm's executives is scheduled to testify this morning.

Michael Holl, an underwriter at Tokio Marine HCC, worked on the Trump Organization's Directors and Officers insurance policy in 2016 and 2017, according to the New York attorney general.

With Donald Trump about to be inaugurated president at the time, the Trump Organization attempted to increase their policy's limit to $50,000,000, which was ten times higher than their previous limit, according to the attorney general.

"In response to specific questioning from the underwriters, the Trump Organization personnel represented that there was no material litigation or inquiry from anyone that could potentially lead to a claim under the D&O coverage," the state alleged in their complaint.

However, four months before that representation was made, Trump Organization executives learned about an ongoing investigation by the attorney general into the Trump Foundation as well as Trump family members, according to the complaint.


Trump, AG offer contrasting takes on Cohen's testimony

After a dramatic day in court yesterday -- including surprise testimony from Donald Trump, a $10,000 gag order violation fine, and inconsistent testimony from Michael Cohen -- both New York Attorney General Letitia James and the former president took to social media to describe the state of the trial.

"Their 'star' witness lied like a dog on the stand today," Trump wrote in a Truth Social post overnight.

In a video statement posted on X, formerly Twitter, James defended her case against Trump as a multi-year effort built on thousands of documents and hundreds of witnesses, rather than simply the testimony of Cohen.

"The defendants' counsel attempted and failed to discredit our entire case," James said.

Judge Arthur Engoron yesterday denied a motion from the defense to dismiss the case following the conclusion of Cohen's testimony, saying that Trump's former lawyer was not the case's "star witness."

"There's enough evidence in this case to fill this courtroom," Engoron quipped.


AG downplays Cohen's testimony as Trump slams it

Following the adjournment of court for the day, Trump and New York Attorney General Letitia James offered contrasting views of the testimony of former Trump lawyer Michael Cohen.

Trump, speaking to reporters in a courthouse hallway, continued to claim that today was his Perry Mason moment.

"He was caught lying like no one has ever lied," he said of Cohen. "It was better than a Perry Mason moment, and that should be the end of the case."

The former president also criticized Judge Engoron for not ending the trial following Cohen's testimony, claiming he is being "railroaded."

"Any other judge, this would be the end of the case," Trump said.

James, speaking separately to reporters outside court, downplayed Cohen's importance to the case.

"It's also important to know that Michael Cohen is not the main witness," she said.

"His evidence has been corroborated by the mountains of evidence, enough evidence to fill the courtroom," the AG said, echoing a phrase Engoron used earlier.


Cohen, following testimony, calls Trump 'a defeated man'

Speaking outside after his testimony was complete and court was adjourned for the day, former Trump attorney Michael Cohen portrayed his testimony as successful and vital to holding Trump accountable, despite the contradictions in some of his answers.

Cohen maintained that he was not intimidated by Trump being in court during his testimony.

"When you looked him in the eye, Michael, what did you see?" ABC News reporter Aaron Katersky asked him.

"I saw a defeated man. I saw somebody that knows that it's the end of the Trump Organization," Cohen 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.