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.
Top headlines:
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
Donald Trump to return to witness stand in December
Defense lawyers plan to call Donald Trump as their final witnesses in the former president's civil fraud trial.
Asked to confirm the final witnesses for the defense's case, defense attorney Chris Kise said that Trump is likely to testify on Dec. 11.
"I think we can make that work," Kise said, adding that Trump's exact schedule might change.
Eric Trump will also return to the witness stand on Dec. 6, according to Kise.
Those dates might change if Judge Engoron limits testimony from any of the remaining witnesses.
State attorney Kevin Wallace said that the New York attorney general may present a "minimal" rebuttal case.
Judge blocks testimony from independent monitor
Judge Arthur Engoron blocked the defense team's plan to call the Trump Organization's independent monitor, describing the last-minute change to the defense's witness list as "untimely" and "inappropriate."
The judge's ruling came after defense lawyer Clifford Robert announced the plan to call former federal Judge Barbara Jones and her associate to testify for the defense.
Before Engoron issuing his ruling from the bench, attorneys from both sides appeared to privately meet with the judge in his chambers.
"I hereby preclude their testimony," Engoron said from the bench, regarding Jones and her associate.
Engoron said that he determined that Jones and her staff are effectively "arms of the court" and thus cannot be called to testify.
He also expressed concern that Jones' testimony could create conflicts of interest that force her to step away from her role overseeing the Trump Organization's finances.
Defense plans to call Trump Organization's independent monitor
Donald Trump's lawyers plan to call former federal Judge Barbara Jones -- who has served as the Trump Organization's independent monitor since 2022 -- as a witness for the defense case, according to defense attorney Clifford Robert.
Jones was installed as the firm's independent monitor last November at the request of New York Attorney General Letitia James.
Though Jones was not originally included in the defense's witness list, Robert flagged the change to the court near the end of the direct examination of Trump Hotels chief operating officer Mark Hawthorn.
Hawthorn testified that he has regularly met with Jones since her appointment, and that the two have a transparent and cooperative relationship.
"We believe everything they deemed as an objection we have responded to diligently and very accurately," Hawthorn said. "No one from that team has ever communicated to us that they have uncovered fraud or any irregularities."
Jones, however, wrote in an August 2023 report that the Trump Organization provided "incomplete" information and did not consistently provide necessary certifications to lenders, prompting Judge Engoron to chastise the defendants in his summary judgment order.
"Even with a preliminary injunction in place, and with an independent monitor overseeing their compliance, defendants have continued to disseminate false and misleading information while conducting business," Engoron wrote.
Robert did not provide a timeline for when Jones might testify, and state attorney Andrew Amer reserved a right to object to the defense team calling Jones as a witness.
Threats against clerk are 'just part of the game,' said Trump lawyer
In their filing this morning arguing against the trial's limited gag order, Trump attorneys Clifford Robert, Chris Kise, and Alina Habba downplayed Trump's connection to the threats against Judge Engoron and his clerk, and argued that they do not justify the gag order's limit on Trump's constitutional right to free speech.
The arguments appeared to be foreshadowed by remarks made to reporters earlier this month by Habba, who has been a forceful voice for the former president both in and out of court.
"The president has never threatened her safety," Habba said of Engoron's clerk. "This is a high profile case, and unfortunately, this is what comes with it. There is not a day that I don't get a threat. It's just part of the game."
"If she had a real threat, she should get off the bench and stop having her photograph taken, but she hasn't done that," Habba added.
Trump Organization executive says CFO had final say
Trump Organization executive Patrick Birney testified that CFO Allen Weisselberg and controller Jeffrey McConney had the final say on Trump's financial documents when he worked under them.
"I was not the final decision maker," said Birney, who was an assistant vice president at the time.
Birney joined the Trump Organization in 2015, a few years after he graduated from the University of Michigan. He began helping with Trump's statement of financial condition in 2016 and eventually took over preparing the vital financial document, though he acknowledged in court that he initially lacked some basic knowledge about accounting and finance.
Asked if he ever had valued a property using a capitalization rate, he replied, "I don't think so."
Birney said he would often turn to McConney if he needed specific documents, and that he reviewed drafts of the statement with Weisselberg.
"He would review drafts with me that I would provide him," Birney said. He later added, "Allen Weisselberg had the authority to approve everything."