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.


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


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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 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?"