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
Ivanka Trump says she wasn't 'privy to' father's financial statements
Asked about her involvement in her father's statements of financial condition that the judge has already determined fraudulently overvalued his real estate and inflated his net worth, Ivaka Trump said she had no knowledge of them.
"I would assume he had a personal financial statement," Ivanka Trump said. "Those weren't things that I was privy to."
Regarding a lease she had for a penthouse apartment in Trump Park Avenue that included an option to buy for $8.5 million, the New York attorney general's office said Trump's statement financial condition claimed that units in the building were selling for $20.8 million -- two and a half times as much.
Asked by state lawyer Louis Solomon whether she knew about that discrepancy, Ivanka Trump responded, "I wasn't involved in his statement of financial condition so I can't say what it took into account or didn't take into account."
Solomon pressed her about the documents, asking, "Did you know whether he had personal financial statements, Donald J. Trump?" Solomon asked.
"I'm not involved in his personal financial statements. I didn't know about his personal statements, per se, other than what you've showed me," Ivanka Trump responded.
"Did you have any role in preparing Donald J. Trump's statements of financial condition?"
"Not that I'm aware of," she replied.
Ivanka Trump sought lower net worth requirement for loan
In 2011, as the Trump Organization sought financing for its purchase and renovation of the Doral golf club in Miami, Deutsche Bank agreed to loan Trump the necessary funds, with one critical catch -- the deal would be secured by Donald Trump's net worth.
"Is DJT willing to do that? Also, the net worth covenants and DJT indebtedness limitations would seem to me to be a problem?" Trump Organization executive Jason Greenblatt wrote in an email to Ivanka Trump and CFO Allen Weisselberg that was entered into evidence. The arrangement required Trump to maintain a net worth of $3 billion.
Trump's 2011 statement of financial condition, one of the documents the New York attorney general alleges contained fraudulent valuations, listed his net worth as more than $4 billion. However Ivanka Trump asked Deutsche Bank to lower the amount of wealth her father would have to maintain, according to an email exchange entered into evidence.
"As I said before, I don't recall the net worth covenant," Ivanka Trump testified.
She proposed $2 billion, emails show. Deutsche Bank ultimately settled for $2.5 billion.
Courtroom reflects Ivanka Trump's calm demeanor
Ivanka Trump flashed a smile at Judge Engoron when he recommended to her that, when reviewing evidence, it would be easier for her to look at the big screen set up in the courtroom instead of the papers in her lap.
"Thank you," she said with a laugh.
Unlike her father, who roiled the judge and tangled with state attorneys during his testimony Monday, Ivanka Trump is reserved and soft spoken on the stand, at times speaking so quietly in answering questions that it's hard to hear her.
The entire courtroom appears to be following her tone, with Judge Engoron and attorneys from both side conducting themselves calmly even when objections are raised.
Asked about 2011 emails, Ivanka Trump says they're hard to recall
Asked about business negotiations from 2011, Ivanka Trump has been struggling to recall the details of her interactions from 12 years ago.
"I don't recall, sitting here today, seeing these terms from 2011," she responded after being shown a 2011 email to an Inbursa Bank representative. "I don't remember having these conversations other than on a very high level."
She has been punctuating her testimony with subtle indicators of how far removed she is from deals and documents discussed in court.
"I believe it was the ninth month of pregnancy of my oldest daughter," she remarked after she was shown another document from 2011.
When asked about other documents, she added it was hard to remember "after all these years removed" or that she can only "recall you reminding me of that discussion."
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?"