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
AG agrees to pause cancelation of Trump's business certificates
Lawyers for the New York attorney general, in a late-day court filing, said they support the court-ordered pause on canceling Trump's business certificates -- but warn that a stay of Trump's civil fraud trial would cause a "cascade of delays."
The filing comes more than three weeks after an appeals court, at Trump's request, paused the enforcement of the cancelation of Trump's business certificates that Judge Arthur Engoron had ordered in his summary judgment.
In today's filing, New York Attorney General Letitia James wrote she was "willing to agree to stay enforcement … pending the end of trial and entry of final judgment."
On the other parts of Trump's appeal -- including the request to delay the trial and arguments against Engoron's summary judgment ruling that Trump committed fraud -- James vehemently argued in favor of letting the trial run its course.
"Abruptly halting trial would thus sow chaos and result in an inordinate waste of both public resources and the time and resources of witnesses," James wrote, alleging that Trump is playing courts against one another to create delays.
"Moreover, any delay here would threaten a cascade of delays not only in this case but also in other pending criminal and civil cases against defendant Donald J. Trump," the filing said.
Trump's legal team has until Nov. 9 to submit their reply.
Trump CFO misrepresented source of appraisals, underwriter says
Former Trump Organization CFO Allen Weisselberg provided misleading information about Donald Trump's assets, according to Claudia Mouradian, an insurance underwriter who met with Weisselberg on multiple occasions.
During meetings with Mouradian in 2018 and 2020, Weisselberg claimed that Trump had strong cash assets and stable properties that had been appraised by third parties -- information that Mouradian said she used to determine that the Trump Organization was in "very good financial shape."
"It was a positive factor when he told me that. He was essentially saying the properties don't fluctuate in value during economic cycles," Mouradian testified about Trump's assets during a video deposition played in court today.
However, Weisselberg acknowledged in his own deposition that the Trump Organization did not use outside appraisers to value properties -- contradicting what he told Mouradian.
"I am understanding you correctly that you did not engage appraisers to perform valuations of properties for purposes of that statement of financial condition?" a state attorney asked Weisselberg in a taped deposition.
"Correct," Weisselberg replied, though he said he did not recall that he told Mouradian the opposite.
"It is not consistent with what he told me at the meeting," Mouradian said when shown Weisselberg's testimony.
Court was subsequently adjourned for the day.
Trump allowed no copies of statements, insurance exec says
An insurance company executive testified that the Trump Organization kept its financial documents closely guarded to an unusual extent.
Claudia Mouradian, a senior underwriting officer at Zurich North America, provided the testimony via a deposition video. Mouradian, who lives outside New York and is nine months pregnant, is the only witness who has been excused from in-person testimony.
Mouradian, who began working on the Trump Organization account for Zurich in 2017, said that the Trump Organization placed restrictions on taking financial materials out of their offices.
"It is rare," she said about the restrictions.
When she reviewed Donald Trump's financial statements in 2018, she recalled a one-hour meeting in Trump Tower overseen by then-Trump Organization CFO Allen Weisselberg.
"He took me to the boardroom. He provided me the financial statements. [He said,] 'take as many notes as you would like, no cellphones, no photocopies,'" Mouradian said. "Allen stayed in the room with me."
Ivanka Trump's testimony moved to Nov. 8
Donald Trump's daughter Ivanka Trump is now scheduled to testify on Wednesday, Nov. 8, after a scheduling conflict necessitated the change.
Her testimony will come at the conclusion of the New York attorney general's case, before the defense puts on its case.
Both parties agreed to in court today to change the date of her appearance from the original date this coming Friday.
Donald Trump Jr. is still set to begin his testimony this Wednesday, and state attorney Andrew Amer suggested that the state will need less than a full trial day top question him.
"Eric Trump should be available to start whenever we finish Donald Trump Jr.," Amer said.
Eric Trump will likely testify through Thursday, and no additional witnesses are currently scheduled to testify on Friday.
"We will leave Friday as a big question mark," Judge Engoron remarked.
Donald Trump is still scheduled to testify on Monday, followed by a day off for Election Day, then Ivanka Trump's testimony on Wednesday.
"Nothing ever goes according to plan," Trump's lawyer Chris Kise joked while agreeing to the arrangement.
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?"