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 attorney calls NY AG's case 'fraud with no victims'
Following the adjournment of court for the day, Trump attorney Chris Kise criticized the attorney general's case on the basis of testimony from the Deutsche Bank executives who said they were eager to do business with Trump regardless of the contents of his financial statements.
Echoing past comments, Kise described the case as a "fraud with no victims" in comments to ABC News.
Kise also slammed today's appellate court ruling reinstating Judge Engoron's limited gag orders as a "total breakdown of the rule of law."
"Now you have the front-running presidential candidate who can't even comment about why he thinks he's not getting a fair trial," Kise said about the impact of the ruling.
"I'm not sure how much more absurd it can get for President Trump," he said.
Expert disputes allegation that Trump cost lenders $168M
Robert Unell, an expert in commercial real estate, disputed the analysis conducted by the state's expert, Michiel McCarty, who testified that Trump's alleged deceptions cost his lenders $168 million in lost interest.
"It is really, in my opinion, a very narrow-minded support," Unell, testifying for the defense, said about the assumptions McCarty made regarding the interest rate of the loans.
Unell said that Trump's lenders made money, faced less risk in their investments over time, and sought additional business from the former president and his family. He also criticized the allegation that Trump risked defaulting on any of his loans by offering himself as a personal guarantor of the loans.
"It means the bank got what they wanted ... they had a warm body who was going to stand behind the loan and provide credit support," Unell said about Trump's personal support of the loans.
Judge Engoron interjected at multiple points to question Unell about his findings, at one point noting that the loans would have been pricier for Trump if lenders faced more risk stemming from Trump inflating his assets.
"The more value in collateral, the less risk, the lower the interest rate," Engoron said.
NY court official says judge's wife hasn't posted about Trump
Over the last week, Donald Trump has made multiple posts on social media about a social media account he alleges belongs to Judge Arthur Engoron's wife, accusing her of sharing multiple posts critical of the former president, including doctored images depicting Trump in prison.
"Judge Engoron's Trump Hating wife," Trump called her Wednesday on Truth Social.
A court official on Thursday denied that any of the posts referenced by Trump were made by Engoron's wife.
"Justice Engoron's wife has sent no social media posts regarding the former president. They are not hers," court spokesperson Al Baker wrote in a statement.
Closing arguments set for Jan. 11
Judge Engoron has set a date of Jan. 11 for closing arguments in the trial.
Both parties face a noon deadline on Jan. 5 to file their briefs, and closing arguments are scheduled to take place in person on Jan. 11, the judge decided after considering scheduling proposals from both the state and the defense.
Engoron said he plans to issue his decision in the case "a few weeks after" closing arguments.
"I would hope this [January] but no guarantees," Engoron said.
State attorneys had requested closing statements take place Dec. 13, while attorneys for Donald Trump suggested closing arguments be presented 60 days after both parties submitted paper filings.
Trump's closing argument in doubt after heated email exchange
Former President Donald Trump's plan to deliver part of his closing argument Thursday, as reported yesterday by ABC News, is now in doubt after he failed to meet a deadline to agree to limitations imposed by Judge Arthur Engoron.
According an email exchange between Engonon and defense counsel that was posted to the public docket Wednesday, Engoron said that Trump would have to follow the case's limited gag order, and that he would not be allowed to "impugn" the New York attorney general or her staff -- limitations that Trump attorney Chris Kise rejected, calling them "untenable."
"The limitations I am imposing, in my absolute discretion, are not subject to further debate. Take it or leave it," Engoron replied on Jan. 9, according to the email thread.
When Trump's lawyers missed the first deadline set by Engoron, the judge determined that Trump could not testify. Kise then responded that he did not see the deadline and requested that the closing arguments be postponed because of the death of Melania Trump's mother on Tuesday.
"I am sad to advise the Court that Mrs. Trump's mother passed away this evening. Because of the challenges presented by this deeply personal family matter, President Trump has asked that I request the Court postpone the date for closing argument," Kise wrote yesterday.
Engoron promptly denied the request and said the closings would continue as planned.
"On balance, going forward makes the most sense. Please tell Mr. Trump that I am sorry," Engoron wrote.
Kise informed Engoron that Trump still planned to attend the closings and speak.
"Despite the fact that his Mother-in Law, who he was very close to, passed away late last night, President Trump will be speaking tomorrow," Kise said in an email this morning.
When Engoron asked for assurance that Trump agreed to his rules, Kise pushed back, writing, "You are not allowing President Trump, who has been wrongfully demeaned and belittled by an out of control, politically motivated Attorney General, to speak about the things that must be spoken about."
"I won't debate this yet again. Take it or leave it. Now or never. You have until noon, seven minutes from now. I WILL NOT GRANT ANY FURTHER EXTENSIONS," Engoron replied at 11:54 a.m.
After Kise failed to respond, Engoron emailed him at 12:12 p.m. that he assumed Trump would not be speaking and that their email exchange would be posted to the court's public docket.
Responding to the development, Trump's legal spokesperson, Alina Habba, said in a statement to ABC News: "Is anyone surprised anymore?"