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
Insurance underwriter to testify
An underwriter who worked on a Trump Organization insurance policy to cover legal expenses incurred by the firm's executives is scheduled to testify this morning.
Michael Holl, an underwriter at Tokio Marine HCC, worked on the Trump Organization's Directors and Officers insurance policy in 2016 and 2017, according to the New York attorney general.
With Donald Trump about to be inaugurated president at the time, the Trump Organization attempted to increase their policy's limit to $50,000,000, which was ten times higher than their previous limit, according to the attorney general.
"In response to specific questioning from the underwriters, the Trump Organization personnel represented that there was no material litigation or inquiry from anyone that could potentially lead to a claim under the D&O coverage," the state alleged in their complaint.
However, four months before that representation was made, Trump Organization executives learned about an ongoing investigation by the attorney general into the Trump Foundation as well as Trump family members, according to the complaint.
Trump, AG offer contrasting takes on Cohen's testimony
After a dramatic day in court yesterday -- including surprise testimony from Donald Trump, a $10,000 gag order violation fine, and inconsistent testimony from Michael Cohen -- both New York Attorney General Letitia James and the former president took to social media to describe the state of the trial.
"Their 'star' witness lied like a dog on the stand today," Trump wrote in a Truth Social post overnight.
In a video statement posted on X, formerly Twitter, James defended her case against Trump as a multi-year effort built on thousands of documents and hundreds of witnesses, rather than simply the testimony of Cohen.
"The defendants' counsel attempted and failed to discredit our entire case," James said.
Judge Arthur Engoron yesterday denied a motion from the defense to dismiss the case following the conclusion of Cohen's testimony, saying that Trump's former lawyer was not the case's "star witness."
"There's enough evidence in this case to fill this courtroom," Engoron quipped.
AG downplays Cohen's testimony as Trump slams it
Following the adjournment of court for the day, Trump and New York Attorney General Letitia James offered contrasting views of the testimony of former Trump lawyer Michael Cohen.
Trump, speaking to reporters in a courthouse hallway, continued to claim that today was his Perry Mason moment.
"He was caught lying like no one has ever lied," he said of Cohen. "It was better than a Perry Mason moment, and that should be the end of the case."
The former president also criticized Judge Engoron for not ending the trial following Cohen's testimony, claiming he is being "railroaded."
"Any other judge, this would be the end of the case," Trump said.
James, speaking separately to reporters outside court, downplayed Cohen's importance to the case.
"It's also important to know that Michael Cohen is not the main witness," she said.
"His evidence has been corroborated by the mountains of evidence, enough evidence to fill the courtroom," the AG said, echoing a phrase Engoron used earlier.
Cohen, following testimony, calls Trump 'a defeated man'
Speaking outside after his testimony was complete and court was adjourned for the day, former Trump attorney Michael Cohen portrayed his testimony as successful and vital to holding Trump accountable, despite the contradictions in some of his answers.
Cohen maintained that he was not intimidated by Trump being in court during his testimony.
"When you looked him in the eye, Michael, what did you see?" ABC News reporter Aaron Katersky asked him.
"I saw a defeated man. I saw somebody that knows that it's the end of the Trump Organization," Cohen said.
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?"