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 arrives in court
Donald Trump has arrived in court for the anticipated testimony of his former lawyer Michael Cohen.
New York Attorney General Letitia James is also attending the trial this morning.
James took her usual seat at the front of the courtroom's gallery, directly behind her team of lawyers at the counsel table.
The courtroom itself is nearly at capacity, with attendance matching the number of observers during the trial's opening statements.
Cohen expected to testify after Mazars attorney
Donald Trump's former lawyer and self-described "fixer" is scheduled as the second witness to testify today at the trial.
Bill Kelly, a lawyer at Trump's former accounting firm, Mazars USA, is set to begin his testimony this morning.
Mazars issued Trump's statements of financial condition before severing its business relationship with the Trump Organization last year and withdrawing the statements issued between 2011 and 2020.
"We have come to this conclusion based, in part, upon the filings made by the New York Attorney General on January 18, 2022, our own investigation, and information received from internal and external sources," Kelly wrote in a 2022 letter to the Trump Organization.
Trump's lawyers appeal sanctions imposed before trial
Trump defense lawyers Chris Kise, Clifford Robert, and Michael Farina have appealed Judge Arthur Engoron's decision to sanction and fine them for making frivolous arguments during pretrial arguments.
On the eve of trial, Engoron sanctioned the attorneys for their "continued reliance on bogus arguments," and ordered each to pay a $7,500 fine.
"Sanctions are the only way to impress upon defendants' attorneys the consequences of engaging in repetitive, frivolous motion practice after this Court," Engoron wrote in his decision at the time.
In their filing, the lawyers have asked an appeals court to determine if Engoron "committed errors of law and/or fact, abused its discretion, and/or acted in excess of its jurisdiction."
Trial delayed until Tuesday due to COVID-19 exposures
Former President Trump's civil fraud trial is adjourned until Tuesday due to COVID-19 exposures, the New York attorney general's office has announced.
Officials did not say who had been exposed or when.
Trump attended the trial on Tuesday and Wednesday of last week and said on Wednesday that he could return to court for the testimony of his former attorney Michael Cohen, which could begin tomorrow.
The trial is scheduled to continue tomorrow morning with testimony from a lawyer at Trump's former accounting firm, Mazars USA, followed by Cohen.
Week Three of the trial concluded on Friday with Judge Engoron fining Trump $5,000 for violating a gag order the judge had issued prohibiting social media posts and statements about the judge's staff.
While Engoron found that Trump's violation was "inadvertent," he threatened additional fines or possibly even jail time if Trump violated the order again.
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.