Summary judgment on count 1
  • Sheepinator

    Member
    Jul 25, 2018
    28,187
    NEW YORK (AP) — A judge has ruled that Donald Trump committed fraud for years while building the real estate empire that catapulted him to fame and the White House.

    Judge Arthur Engoron, ruling Tuesday in a civil lawsuit brought by New York's attorney general, found that the former president and his company deceived banks, insurers and others by massively overvaluing his assets and exaggerating his net worth on paperwork used in making deals and securing financing.

    The decision, days before the start of a non-jury trial in Attorney General Letitia James' lawsuit, is the strongest repudiation yet of Trump's carefully coiffed image as a wealthy and shrewd real estate mogul turned political powerhouse.

    Beyond mere bragging about his riches, Trump, his company and key executives repeatedly lied about them on his annual financial statements, reaping rewards such as favorable loan terms and lower insurance premiums, Engoron found.

    Those tactics crossed a line and violated the law, the judge said, rejecting Trump's contention that a disclaimer on the financial statements absolved him of any wrongdoing.

    Manhattan prosecutors had looked into bringing a criminal case over the same conduct but declined to do so, leaving James to sue Trump and seek penalties that could disrupt his and his family's ability to do business in the state.

    Engoron's ruling, in a phase of the case known as summary judgment, resolves the key claim in James' lawsuit, but six others remain.

    Engoron is slated to hold a non-jury trial starting Oct. 2 before deciding on those claims and any punishments he may impose. James is seeking $250 million in penalties and a ban on Trump doing business in New York, his home state. The trial could last into December, Engoron has said.


    apnews.com

    Judge rules Donald Trump defrauded banks, insurers as he built real estate empire

    A judge has ruled that Donald Trump committed fraud for years while building the real estate empire that catapulted him to fame and the White House.
     
    Buildup to trial
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    This will likely be a difficult trial to follow. It'll be full of witnesses we've never heard of testifying about documents that we can't see, and without the benefit of it all being explained for the jury, because there isn't one. There will be lots of stuff about loan rates and liquidity ratios and insurance premium margins and suchlike.

    It will follow the usual shape of prosecution case followed by defense case, but probably most of the entertaining highlights will come from Judge Engoron's increasing irascibility with defense lawyers towards the back end of the trial. Plus of course whichever of the Trumps take the stand.

    There's an interesting scene-setting thread here on the case background (though I'm not certain it is wholly accurate).

    One challenge for us will be to work out where the reliable reporting is coming from. So at least for the first week or so just post whatever you can find, and then we can try to trim it down to some live courtroom reporting and some informed daily summaries.
     
    TRIAL - Day 1, opening statements and Mazars accountant
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Summary of day 1 (CNN Sky)


    Opening statements
    Kevin Wallace (for the State) - big fraud, look at these depositions, everything is inflated
    Chris Kise (for Trump?) - look, valuations can vary. Nothing illegal about it, besides the banks knew that and still gave the loans.
    Alina Habba (for Weisselberg, McConney etc) - political hit job. Mar-a-lago is worth $1b, so is Doral. It's all Mazars fault.
    Cliff Robert (for Don Jr and Eric) - Michael Cohen is a liar, and there's nothing wrong with the valuations, and these boys had nothing to do with it. No way.


    Witness
    Donald Bender (Mazars acountant) - gripping tale of how accountants copy stuff from one document to another, Trump Org broke GAAP rules.
     
    Last edited:
    TRIAL - Day 2, Mazars accountant and a gag order
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Summary of day 2 (CNN)


    Witnesses
    Donald Bender (Mazars acountant) - direct in the morning, cross in the afternoon.


    Other
    Closed session at lunchtime, leading to narrow gag order on Trump (can't discuss court staff)
    Another closed session after end of day, don't know what that was about
     
    Last edited:
    TRIAL - Day 3, still accountants, from Mazars and Whiltley Penn
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Summary of day 3 (CNN)


    Witnesses
    Donald Bender (Mazars accountant) - cross
    Cameron Harris (Whitley Penn accountant) - direct only


    A day of very repetitive witnesses, with slow cross examination exasperating the judge. Trump has gone back to Mar-a-Lago thank goodness.
    Essentially the defense is trying to blame the accountants, while the accountants say they were only hired to compile stuff, not to check it.
     
    Last edited:
    TRIAL - Day 4, Mazars accountant, Trump Org controller
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Summary of day 4 (I stopped linking CNN dailies, they have gone right off the boil)


    Witnesses
    Donald Bender (Mazars accountant) - cross
    Jeff McConney (Trump Org Controller, and defendant) - direct


    Can't do better than this unrolled twitter thread from Lisa Rubin as comment. Short day today, finishes at lunchtime.
     
    Last edited:
    TRIAL - Day 5, Trump Org controller
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Summary of day 5

    Witnesses
    Jeff McConney (Trump Org Controller, and defendant) - direct only, may be called later for the defense

    Trump appeals summary judgment, cancellation of business licenses stayed pending appeal, trial carries on.
     
    Last edited:
    TRIAL - Day 6, Trump Org CFO
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 6 summary

    Witnesses
    Allen Weisselberg (Trump Org CFO), just failing to recall things time after time all day, even when confronted with documentary evidence
     
    Last edited:
    TRIAL - Day 7, Deutsche Bank
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 7 summary

    Witnesses
    Nicolas Haigh (Former Deutsche Bank Risk Manager) direct + cross
     
    Last edited:
    TRIAL - Day 8, Deutsche Bank, Trump Org CFO, Trump Org VP
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 8 summary

    Witnesses
    Nicolas Haigh (Former Deutsche Bank Risk Manager) cross
    Allen Weisselberg (Trump Org CFO) cross - but cut short
    Patrick Birney (Trump Org VP) direct, spilling the beans on Forbes valuations

    Also, Trump will be turning up next week to eyeball Michael Cohen
     
    Last edited:
    TRIAL - Day 9, Trump Org VP
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 9 summary

    Witnesses
    Patrick Birney (Trump Org VP) direct, spilling the beans on Forbes valuations
     
    Last edited:
    TRIAL - Day 10, Trump Org VP, Trump Hotels, Trump Org asst controller
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 10 summary

    Witnesses
    Patrick Birney (Trump Org VP) direct only
    Mark Hawthorn (Trump Hotels)
    Donna Kidder (Trump Org asst controller)

    Good unrolled thread from Dan Alexander of Forbes here.
     
    Last edited:
    TRIAL - Day 11, Trump Org asst controller, Cushman & Wakefield valuer
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 11 summary

    Witnesses
    Donna Kidder (Trump Org assistant controller)
    Doug Larson (ex Cushman & Wakefield real estate firm)

    Dan Alexander's unrolled thread here.
     
    Last edited:
    TRIAL - Day 12, Cushman & Wakefield, Ladder Capital
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 12 summary

    Witnesses
    Doug Larson (ex Cushman & Wakefield real estate firm)
    Jack Weisselberg (Ladder Capital, son of Allen Weisselberg)

    Unrolled Dan Alexander thread here.
     
    Last edited:
    TRIAL - Day 13, Ladder Capital, Cushman & Wakefield
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 13 summary

    Witnesses
    Jack Weisselberg (Ladder Capital, son of Allen Weisselberg)
    Dave McArdle (Cushman & Wakefield)

    By my reckoning, we've now heard from 9 of the state's 27 witnesses-in-chief (plus one rebuttal witness). So we're about 1/3 of the way through the state's case.
     
    Last edited:
    TRIAL - Day 14, Cushman & Wakefield, Trump Org VP
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 14 summary

    Witnesses
    Dave McArdle (Cushman & Wakefield)
    Raymond Flores (ex Trump Org VP)

    Also, Trump blatantly breached his gag order and was fined $5,000 with a stark warning about any further breach.
     
    Last edited:
    TRIAL - Day 15, Mazars & Michael Cohan
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 15 summary

    Witnesses
    William Kelly (general counsel for Mazars) staunch under cross examination
    Michael Cohen (ex Trump lawyer)

    It turns out that Alina Habba is an effective cross examiner, Cohen rattled, Kise irritated, judge trying to keep it all controlled
     
    Last edited:
    TRIAL - Day 16, Michael Cohen, a fine and a tantrum
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 16 summary

    Witnesses
    Michael Cohen (ex Trump lawyer)

    Fireworks in court!
    - brutal cross examination of Cohen by Habba and Roberts
    - Trump on the stand for breach of the court's gag order, "not credible", fined $10k
    - motion for directed verdict denied and Trump storms out, Secret Service taken unawares

    Unrolled threads from Dan Alexander here and Stewart Bishop here.
     
    Last edited:
    TRIAL - Day 17, Insurance and Tax
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 17 summary (placeholder)

    Witnesses
    Michael Holl (insuance underwriter, Tokio Marine HCC) how the insurance premiums went up when they realised Trump Org was dodgy
    Sheri Dillon (Morgan Lewis) outside tax counsel for Trump Org, difficult witness and difficult testimony mostly about easements

    Started with Kise objecting to yesterdays fine on Trump and threatening to appeal it.
     
    Last edited:
    TRIAL - Day 18, tax advisor and a row about Ivanka
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 18 summary

    Witnesses
    Sheri Dillon (Morgan Lewis) outside tax counsel for Trump Org, direct only, no cross was wanted

    Also, big row over whether Ivanka must testify. She must.
     
    Last edited:
    TRIAL - Day 19, Trump Org, NYC Parks, Zurich Insurance
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 19 summary (placeholder)

    Witnesses
    Raymond Flores (ex Trump Org VP) continued from Day 14, no cross
    David Cerron (NYC Parks Department)
    Claudia Mouradian (Zurich Insurance) on videotape deposition

    Also, Ivanka's testimony delayed to 8th Nov

    Unrolled thread by Adam Klasfeld here.
     
    Last edited:
    TRIAL - Day 20, Zurich Insurance, Buffalo Bills, Trump Org
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 20 summary (placeholder)

    Witnesses
    Claudia Mouradian (Zurich Insurance) on videotape deposition - continued
    Don Cornwell (Morgan Stanley) the guy selling Buffalo Bills
    David Orowitz (ex Trump Org acquisitions)

    Unrolled thread from Stewart Bishop here.
     
    Last edited:
    TRIAL - Day 21, Trump Org, expert, Don Jr
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 21 summary

    Witnesses
    David Orowitz (ex Trump Org acquisitions) continued from yesterday
    Michiel McCarty (Dillon & Co, expert witness) commercial banking and disgorgement
    Donald Trump Jr (Trump Org)

    Unrolled thread from Stewart Bishop here.

    21 of the 28 AG witnesses have testified so far, 7 to go. That's 3 Trumps, 3 Trump Orgs, 1 Ladder Capital. So we're probably about 2 weeks away from the end of the AG's case.

    Team Trump tried yesterday to object to McCarty, but got overruled. Engoron "You're whistling in the graveyard".
     
    Last edited:
    TRIAL - Day 22, Don Jr, Eric, Ivanka appealing, and the judge's clerk again
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 22 summary

    Witnesses
    Donald Trump Jr (Trump Org)
    Eric Trump (Trump Org)


    And Ivanka has appealed Judge Engoron's order that she must testify.

    And there was another row about the judge's law clerk, apparently trying to distract from Eric's damning testimony.
     
    Last edited:
    TRIAL - Day 23, Eric again, and another gag order
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 23 summary

    Witnesses
    Eric Trump (Trump Org)

    Trump's lawyers kept going on about the judge's clerk and earned themselves a gag order all their own.

    Unrolled thread from Stewart Bishop here.
     
    Last edited:
    TRIAL - Day 26, half-time motions
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 26 summary

    Defense motion for directed verdict - no ruling yet.
    State motion to exclude four defense witnesses - DENIED, they'll be let in but kept on a tight rein.

    And a rare apology from Chris Kise.

    Unrolled threads from Adam Klasfeld, Lisa Rubin (afternoon only), Stewart Bishop.

    Posting three links today because they vary interestingly in style and timeliness. Adam posts fastest, Lisa most literate, Stewart most thorough but about a half-hour behind - I think he must be taking shorthand notes then tweeting them up later or something like that.
     
    Last edited:
    TRIAL - Day 27, Don Jr (again), tax witness (again)
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 27 summary

    Witnesses
    Donald Trump Jr (Trump Org) - an advertorial for the Trump empire
    Sheri Dillon (Morgan Stanley tax person) - more about conservation easements
     
    Last edited:
    TRIAL - Day 28, defense "experts"
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 28 summary

    Witnesses
    Steven Witkoff (developer, and friend of Trump) not allowed to testify about Doral, was not aware of lease restrictions on 40 Wall Street
    Jason Flemmens (Forensic Accountant) a proper expert, but on accountancy, not appraisal
     
    Last edited:
    TRIAL - Day 29, defense expert, accountant
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 29 summary

    Witnesses
    Jason Flemmens (Forensic Accountant) a proper expert, but on accountancy, not appraisal

    And team Trump files their motion for a mistrial, a rather rude one at at that.
     
    Last edited:
    TRIAL - Day 30, more defense experts
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 30 summary

    Witnesses
    Jason Flemmens (Forensic Accountant)
    Steven Collins (Construction consultant, ex civil engineer)
    Steven Laposa (property valuations)

    Also - Trump appeals his gag order, gets a temporary stay and a briefing schedule running to 27 Nov.
     
    Last edited:
    TRIAL - Day 31, property valuer & insurance broker
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 31 summary

    Witnesses
    Steven Laposa (property valuations)
    Gary Giulietti (insurance broker, plays golf with Trump)

    Unrolled thread from Adam Klasfeld here. (cross examination of Laposa threw up that he contradicted his previous testimony)

    Also, Trump's motion for mistrial denied. Brutally.
     
    Last edited:
    TRIAL - Day 32, insurance expert & Jeff McConney back again
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 32 summary

    Witnesses
    David Miller (insurance consultant)
    Jeffrey McConney (ex Trump Org controller) trying to throw Mazars under the bus

    Unrolled thread from Stewart Bishop here.
     
    Last edited:
    TRIAL - Day 33, more of McConney
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 33 summary

    Witnesses
    Jeffrey McConney (ex Trump Org controller) trying to throw Mazars under the bus, in tears and in trouble under cross.

    No court tomorrow, so back on Monday.
     
    Last edited:
    TRIAL - Day 34, Trump Org, Hawthorn and Birney
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 34 summary

    Witnesses
    Mark Hawthorn (Trump Org Hotels COO)
    Patrick Birney (Trump Org)

    And another lawyers conference at the end of the day. Don't know what it was about.

    Unrolled thread from Stewart Bishop here.
     
    Last edited:
    TRIAL - Day 35, Deutsche Bank
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 35 summary

    Witnesses
    David Williams (Deutsche Bank)
    Emily Pereless (Deutsche Bank)

    And another motion for a directed verdict. Probably not going anywhere.
     
    Last edited:
    TRIAL - Day 36, two Deutsche Bank, one Trump Org
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 36 summary (placeholder)

    Witnesses
    Emily Pereless (Deutsche Bank) - really uncomfortable witness
    Rosemary Vrablic (Deutsche Bank) - never even saw the financial statements
    Patrick Birney (Trump Org) again! on the stand for the third time

    Unrolled Stewart Bishop thread here.
     
    Last edited:
    TRIAL - Day 37, real estate lending 'expert'
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 37 summary

    Witnesses
    Robert Unell (Ankura, expert on real estate lending), or should I say 'expert'

    Also, temporary stay on gag orders lifted by the appellate court.

    Unrolled thread from Stewart Bishop here.
     
    Last edited:
    TRIAL - Day 38, more from the real estate 'expert'
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 38 summary

    Witnesses
    Robert Unell (Ankura, real estate lending 'expert')

    Stewart Bishop unrolled thread here.

    Some scheduling changes. After trial, parties are to deliver post-trial briefs by 5 Jan, closing arguments will be on 11 Jan, decision (probably) by end Jan. Followed by the inevitable appeals of course.
     
    Last edited:
    TRIAL - Day 39, real estate valuation 'expert', and Appeals court shenanigans
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 39 summary

    Witnesses
    Frederick Chin (real estate valuation 'expert')

    Also , Trump is seeking expedited review of his gag order by the NY Court of Appeals. Didn't get it.

    Stewart Bishop unrolled thread here. Lisa Rubin on the appeals court thing here.
     
    Last edited:
    TRIAL - Day 40, property experts, three of 'em
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 40 summary

    Witnesses
    Frederick Chin (property valuation 'expert')
    John Shubin (lawyer and land use 'expert')
    Lawrence Moens (fantasist real-estate broker)

    Stewart Bishop unrolled thread here.

    No court tomorrow, Eric Trump will not be testifying.
     
    Last edited:
    TRIAL - Day 41, accountancy professor
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 41 summary

    Witnesses
    Eli Bartov (accounting professor at NYU) typical academic, does not believe in objective truth

    Both Trump and Eric have turned up in court today.

    Stweart Bishop unrolled thread here.
     
    Last edited:
    TRIAL - Day 42, more Eli Bartov
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 42 summary

    Witnesses
    Eli Bartov (accounting professor at NYU)

    Stewart Bishop's unrolled thread here.
     
    Last edited:
    TRIAL - Day 43, defense rests, rebuttal witnesses
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Day 43 summary

    Witnesses
    Eli Bartov (accounting professor at NYU)
    defense case rests - on to AG rebuttal
    Kevin Sneddon (ex-Trump Org VP)
    Eric Lewis (accounting professor, Cornell)

    Stewart Bishop unrolled thread here.
     
    Last edited:
    TRIAL - Day 44
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    Looks like we will be flying blind today, which should be the last day in court. The Law360 guys (including the excellent Stewart Bishop) are on 24-hour strike.

    I don't know if anyone else is in court. Let me know if you find one.

    EDIT: A couple of new filings on the docket, defense objections to the State's rebuttal witnesses. There's some suggestion the defense may want to bring witnesses back to rebut the rebuttal, so we may not be quite there yet.
     
    Last edited:
    TRIAL - Day 45, CLOSING ARGUMENTS
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    With a surprise appearance by Donald J Trump. A surprise even to the Judge.

    Schedule
    10:00 Courtroom opens
    10:15-12:45 defense case
    2:15-4:30 state's case

    Unrolled thread from Jose Pagliery.

    I imagine we will get a full transcript posted to the docket before the final judgment hits.
     
    Last edited:
    Summary of Judgment
  • OP
    OP
    phisheep

    phisheep

    Quis Custodiet Ipsos Custodes
    Member
    Oct 26, 2017
    5,003
    As promised, here's a summary of the judgment.

    It's a slow-burner of a 92-page document, leading us through the background, the law, the witnesses, the various assets, the charges - all cross-referenced to trial transcripts and exhibits, and extensively footnoted with some characteristic Engoron snark. Then all of a sudden it lights on fire with Angry Engoron from page 85 and concludes with the actual order on pp 91-92.

    Penalties

    1) Disgorgement of ill-gotten gains


    I had thought this might be difficult to assess, but it turns out to be easy because so often Trump had competing quotes for the same loan from the same bank: one secured on the assets at LIBOR + 8%, and one secured on Trump's declaration of his personal wealth at LIBOR + 4%. Engoron is a thorough man and checked all the calculations, finding a net error of only about $6 out of $168m or so. It'll be tough to argue that on appeal.

    Most of the money is due jointly and severally from various individual and corporate defendants, so can be enforced against either. And since Trump won't be in control of the corporate defendants he is unlikely to be able to avoid paying one way or the other. He won't be able to file for corporate bankruptcy either - it will be out of his hands.

    The breakdown is (with the date from which interest at 9% annual applies):

    Interest fraud - $168m (+interest from 4 Mar 2019) Trump + Trust + all corporate defendants - for loans for Doral, Old Post Office, Chicago, 40 Wall Street
    Ferry Point profits - $60m (+interest from 16 Jan 2023) Trump + Trust + Trump Org
    Old Post Office profits - $127m (+interest from 11 May 2022) Trump + Trust + Trump Org + Trump Old Post Office LLC
    Old Post Office profits - $4m (+interest from 11 May 2022) Don Jr
    Old Post Office profits - $4m (+interest from 11 May 2022) Eric
    Severance payment - $1m (+interest from 9 Jan 2023) Alan Weisselberg

    That's a total of $364m + interest, all but $9m due from Trump and his various organisations. It is racking up interest at about $100k a day, so the current total is more like $464m, which almost certainly exceeds the liquid assets.

    2) Liability for offenses (so, potentially criminal charges)

    175.05 Falsifying Business Records - Trump, Don Jr, Eric, Weisselberg, McConney, Trust, all corporate defendants
    175.05 Conspiracy to Falsifying Business Records - Trump, Don Jr, Eric, Weisselberg, McConney, Trust, all corporate defendants
    175.45 Issuing False Financial Statements - Trump, Don Jr, Eric, Weisselberg, McConney, Trust, all corporate defendants
    175.45 Conspiracy to Issuing False Financial Statements - Trump, Don Jr, Eric, Weisselberg, McConney, Trust, all corporate defendants
    176.05 Insurance Fraud - Weisselberg, McConney
    176.05 Conspiracy to Insurance Fraud - Trump, Don Jr, Eric, Weisselberg, McConney, Trust, all corporate defendants

    I don't know how this ties in with the statute of limitations, and so whether criminal charges are even possible now. But these findings underlie the rest of the equitable remedies. But it does mean that it is now safe to refer to Trump as a fraudster as will as a rapist.

    3) Equitable Remedies - individual

    Permanent ban from financial control of any NY organisation - Weisselberg, McConney
    3-year ban on serving as officer or director of any NY entity - Trump, Weisselberg, McConney
    2-year ban on serving as officer or director of any NY entity - Don Jr, Eric
    3-year ban on applying for loans from any entity registered in New York - Trump, Trust, all corporate defendants

    There's a list here of the organisations they can't apply for loans from. It's a big list. Foreign banks are listed under 'Foreign Branch' rather than 'Bank' which has misled a few people on twitter to think this is less effective than it is.

    The state had also sought a time-limited ban on real-estate transactions. That this has not been imposed I think reflects the practical reality that it is unlikely the organisation will be able to meet its liabilities without selling some stuff off.

    4) Equitable Remedies - corporate compliance

    Cancellation of business certificates withdrawn (without prejudice to cancelling them on recommendation of Independent Monitor or based on further evidence)
    Barbara Jones to continue as Independent Monitor for at least 3 years, and to recommend by 17 Mar the new powers she will need
    Independent Director of Compliance to be appointed (Jones to give shortlist by 17 Mar) to ensure accounting and reporting compliance

    Right now it is not very clear how this will all work out. Indeed it is not even clear, given the banned directors, who will be running the organisation. But over the first year or so I expect at least to see:
    - implementation of proper financial controls
    - a lot of appraisals to find out what everything is really worth
    - reinstatement of the required Statements of Financial Condition, which will likely trigger some loan defaults and also impact the Forbes Rich List(!)
    - settlement of back taxes due to IRS and NY State, so even more $m

    We'll know more about this in a month's time.
     
    Last edited: