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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Trump takes stand for gag order hearing

Trump been sworn in as a witness for a hearing Judge Engoron is holding on whether he violated the limited gag order Engoron imposed earlier in the trial.

The former president then took the stand.


Trump mum on private conference with judge

After Judge Engoron raised concerns that Trump had possibly violated the limited gag order the judge had imposed during the trial, Trump and his lawyers remained inside the courtroom at the start of the lunch break for a 25-minute conference that was sealed to the press.

Afterward, when asked by reporters about the private conference, Trump responded, "I can't tell you."

Trump otherwise praised his lawyer's cross examination of Michael Cohen, who admitted he lied under oath on multiple occasions.

"That was a Perry Mason moment," Trump said.


'President Trump makes you relevant,' attorney scolds Cohen

Defense attorney Alina Habba's cross-examination of former Trump attorney Michael Cohen featured frequent objections, cross talk and nonresponsive or argumentative answers that often breached customary courtroom decorum.

"You didn't ask me a yes-or-no question," Cohen scolded Habba at one point. "Yes I did," Habba shot back.

Cohen at times resisted answering questions, either objecting to them or insisting he did not understand them, while Habba paced the floor, blaring her questions into a hand-held microphone as Trump observed from the defense table.

"President Trump makes you relevant," Habba chastised Cohen. "If you didn't work for President Trump you wouldn't make most of your income today."

Cohen eventually conceded that he makes his living because of his prior relationship with Trump.

"Outside of your two podcasts, your merchandise and your books, is there any other form of income in your life?" Habba asked. "No," Cohen answered.

Habba's cross-examination concluded with a pointed question meant to question Cohen's motive for cooperating with the attorney general's investigation.

"Did you ever ask President Trump to pardon you while he was in the White House?" Habba asked.

"No," Cohen said.

"And he didn't pardon you?" she asked.

"No," Cohen replied.


Judge threatens to enforce gag order in potential misunderstanding

After the first break of the day, Judge Engoron threatened to penalize Trump after what Engoron said was a "dangerous disobeyal" of the gag order he imposed prohibiting comments about his staff.

"I am very protective of my staff, as I should be. I don't want anybody killed," said Engoron, who handed down the limited gag order earlier in the trial after Trump made a social media post about his clerk.

Citing Associated Press reporting, Engoron expressed concern that Trump made a comment in the hallway about "a person who is much more partisan sitting alongside him."

Since Engoron's clerk usually sits to his right, the judge interpreted Trump's comment as referring to her.

"It is very easy for the public or anyone to know who this person is," Engoron said.

Trump's attorney Chris Kise said there was a misunderstanding, clarifying that Trump was referring to Michael Cohen, who has been sitting in the witness stand to Engoron's left. Kise attested that Trump confirmed to him that he was referring to Cohen.

"That's the way I read the statement," Kise said. "He is tired of listening to what he is hearing. It is very partisan."

Engoron did not impose any penalty and took Kise's explanation "under advisement."


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.