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
Attorneys continue to spar over COVID concerns
Trump lawyer Chris Kise continued to spar with state attorney Louis Solomon during the testimony of Mazars General Counsel Bill Kelly.
After Solomon objected to a question posted in Kelly's cross-examination, Kise interjected to call out Solomon for being hypocritical about the bounds of acceptable testimony.
"Everything in this courtroom concerns me and my client, including your health," Kise said, referring back to his earlier concern about a courtroom COVID-19 outbreak.
"Thanks for your concern," Solomon responded offhandedly.
Trump and his attorneys have adjusted their seating compared to past days, possibly due to health concerns, so that Trump and Kise are sitting further from the state attorneys.
Judge rejects defense's request for delay due to COVID
Before today's first witness entered court, Trump attorney Chris Kise asked Judge Engoron to postpone today's proceedings after five members of the New York attorney general's team tested positive for COVID-19.
Describing the attorney general's conduct as "beyond irresponsible," Kise said that his team did not get adequate notice about the COVID exposures despite having close contact with positive individuals.
"Nothing else matters except for pursuing President Trump," Kise said. "We have the leading candidate for president of the United States in the courtroom today."
"The attorney general's office knew on Wednesday and didn't tell any of us," defense attorney Clifford Robert said. "We are truly in an outbreak."
Engoron declined to grant their requested delay.
In a statement, a spokesperson for New York Attorney General Letitia James said the state has complied with all CDC guidelines.
"Our office properly notified the court and defendants' counsel, and the court decided to proceed with trial today. If there were any concerns, defendants could wear masks today or at any point, but they have opted not to," the spokesperson said.
'He's a felon,' Trump says of Cohen
Trump called his former lawyer Michael Cohen a "proven liar" and "felon" as Trump entered the courtroom for his civil trial this morning.
"He's a felon, served a lot of time for lying, and we're just going to go in and see and I think you'll see that for yourself," Trump told reporters outside court.
Cohen pleaded guilty in 2018 to two separate criminal cases and eventually spent more than 13 months in prison -- but said that it was Trump who caused him to "follow a path of darkness."
-ABC News' Ricardo Montero contributed to this report.
Cohen says he's 'looking forward' to seeing Trump
Exiting his New York City apartment this morning, Michael Cohen told reporters he was "looking forward" to seeing Trump in court.
"It's been five years since we've been in the same room," Cohen said.
Cohen preemptively defended the credibility of his testimony and reiterated that he previously perjured himself "concert with and for the benefit of Donald J. Trump."
"My credibility should not be in question," Cohen said.
-ABC News' Eric Avram contributed to this report.
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.