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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Judge, in decision, says the buck stopped with Trump

Judge Engoron took direct aim at several of the Trumps' core defenses, including Trump's claim that real estate appraisal is imprecise and subjective, and that property valuations reflect nuances in the market that only sophisticated practitioners can understand.

Engoron called that argument a "great red herring in this case."

"True enough, as appraising is an art as well as a science," Engoron wrote. "However, the science part cannot be fraudulent. When two appraisals rely on starkly different assumptions, that is not evidence of a difference of opinion, that is evidence of deceit."

Engoron also undercut a common refrain from defendants' that their accountants were responsible for maintaining above-board business practices.

In a section of his ruling titled, "Blame the Accountants," Engoron wrote that, "There is overwhelming evidence … that the buck for being truthful in the supporting data valuations stopped with the Trump Organization, not the accountants."


Judge orders monitor to oversee company

Judge Engoron vacated his September order canceling the defendants’ business certificates, instead ordering an independent monitor to oversee the Trump Organization for at least three years.

He also ordered an Independent Director of Compliance be installed at the company.


Judge says Trump's lack of remorse 'borders on pathological'

Judge Engoron, in his decision, excoriated the Trumps and their co-defendants for their "complete lack of contrition and remorse" that he said "borders on pathological."

"They are accused only of inflating asset values to make more money. The documents prove this over and over again. This is a venial sin, not a mortal sin."

"Defendants did not commit murder or arson," the judge wrote. "They did not rob a bank at gunpoint. Donald Trump is not Bernard Madoff. Yet, defendants are incapable of admitting the error of their ways. Instead, they adopt a 'See no evil, hear no evil, speak no evil' posture that the evidence belies."


'The government just got caught in a big, fat lie,' says Trump

Defense attorney Clifford Robert continued to hammer at real estate appraiser Doug Larson during cross-examination.

Larson -- who met with attorneys from the New York attorney general's office on Monday in advance of his testimony -- was asked if he was shown either of the two emails that this morning prompted him to recall having phone calls with Trump Organization controller Jeffrey McConney, after testifying yesterday that he did not.

"During your prep session Monday, the attorney general didn't show you these two documents?" Robert said while waving printed copies of the two emails in the air, to which Larson replied no.

State attorney Mark Ladov, on redirect examination, read a transcript from an interview with Larson from three years ago, in which Larson was shown the emails and offered a response that was consistent with yesterday's testimony.

"This is beyond absurd," Trump attorney Chris Kise said, objecting to Ladov's approach.

Exiting the courtroom during a break, Trump seized on the Larson's testimony to support his claims that the case should be dismissed.

"The government just got caught in a big, fat lie," Trump said.