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 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."
'We will win,' Trump tells reporters regarding case
Speaking to reporters during a break after his lawyer Alina Habba grilled Michael Cohen for over an hour, Trump continued his attacks on his former attorney.
"[He] went to jail for lying, [and] this is their only witness," Trump said of Cohen. "When you think about it, it's pretty amazing."
Trump said that despite the lack of a jury, he would win the case.
"We will win because the facts are on our side to a level that nobody's ever seen anything like that before," Trump said.
The case will be decided by Judge Engoron, who already determined in a pretrial ruling that Trump had engaged in repeated fraud.
Trump's business drew little scrutiny from bank, defense says
Deutsche Bank was a serious company in business with Donald Trump to make money, defense attorney Jesus Suarez said during his cross examination of former Deutsche Bank executive Nicholas Haigh.
At the height of its relationship with the Trump Organization the company loaned Trump over $378 million, and failed to commission independent appraisals of Trump's properties, Haigh acknowledged. While the bank listed lower estimates for the value of Trump's assets year after year, it continued to do business with Trump and his company.
"We ... the bank hadn't done all the due diligence one would do in the sense of the opinion of value you see in an appraisal," Haigh said, at one point agreeing with the defense's characterization that the bank's internal value services group conducted "sanity checks'' on the numbers.
The direct examination of Haigh by state attorney Kevin Wallace also left a central question about Deutsche Bank's activity unanswered.
In a letter to the court and in previous arguments, lawyers for the attorney general suggested that Haigh might have turned away Trump's business if he had known that Trump's assets were inflated in value.
"As this Court noted during summary judgment arguments, Mr. Haigh testified during OAG's investigation that he may not have authorized lending to the borrower if he had at that time been aware of the inflated asset values contained in Mr. Trump's SFCs [statements of financial condition]," a lawyer for the attorney general wrote to the court in a letter last week.
Wallace never directly posed the hypothetical to Haigh during his direct examination, leaving the question unresolved.
Court subsequently adjourned for the day, with Suarez telling the court he plans to continue his cross examination of Haigh through Thursday afternoon.