Mr. Black
2025-01-13 22:17:23 UTC
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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 U.S. 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.
Engoron ordered that some of Trump's business licences be rescinded as
punishment, making it difficult or impossible for them to do business in
New York, and he said he would continue to have an independent monitor
oversee the Trump Organization's operations.
A Trump spokesperson did not immediately respond to a request for comment
on the ruling. Trump has long insisted he did nothing wrong.
The decision, days before the start of a non-jury trial in New York
Attorney General Letitia James's lawsuit, is the strongest repudiation yet
of Trump's carefully coiffed image as a wealthy and shrewd real estate
mogul turned political powerhouse.
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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 favourable 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.
"In defendants' world: rent regulated apartments are worth the same as
unregulated apartments; restricted land is worth the same as unrestricted
land; restrictions can evaporate into thin air; a disclaimer by one party
casting responsibility on another party exonerates the other party's
lies," Engoron wrote in his 35-page ruling. "That is a is a fantasy world,
not the real world."
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.
Yellow taxis drive by a tall building with a "Trump Tower" sign in gold
letters above doors to the building.
Traffic goes by Trump Tower on 5th Avenue in New York City on March 27,
2023. (Bryan Woolston/The Associated Press)
Engoron's ruling, in a phase of the case known as summary judgment,
resolves the key claim in James's 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 US in penalties and a ban on Trump doing business in his home state
of New York.
The trial could last into December, Engoron has said. Trump's lawyers had
asked the judge to throw out the case, which he denied.
They contend that James wasn't legally allowed to file the lawsuit because
there isn't any evidence that the public was harmed by Trump's actions.
They also argued that many of the allegations in the lawsuit were barred by
the statute of limitations.
Engoron, noting that he had "emphatically rejected" those arguments earlier
in the case, equated them to the "time-loop in the film Groundhog Day."
Pattern of duplicity
James, a Democrat, sued Trump and the Trump Organization a year ago,
alleging a pattern of duplicity that she dubbed "the art of the steal," a
twist on the title of Trump's 1987 business memoir The Art of the Deal.
The lawsuit accused Trump and his company of routinely inflating the value
of assets like skyscrapers, golf courses and his Mar-a-Lago estate in
Florida, padding his bottom line by billions. Among the allegations were
that Trump claimed his Trump Tower apartment in Manhattan a three-storey
penthouse replete with gold-plated fixtures was nearly three times its
actual size and valued the property at $327 million US.
No apartment in New York City has ever sold for close to that amount, James
said.
Trump valued Mar-a-Lago as high as $739 million US more than 10 times a
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Trump's figure for the private club and residence was based on the idea
that the property could be developed for residential use, but deed terms
prohibit that, James said.
Trump has denied wrongdoing, arguing in sworn testimony for the case that
it didn't matter what he put on his financial statements because they have
a disclaimer that says they shouldn't be trusted.
He told James at the April deposition: "You don't have a case and you
should drop this case."
"Do you know the banks were fully paid? Do you know the banks made a lot of
money?" Trump testified. "Do you know I don't believe I ever got even a
default notice, and even during COVID, the banks were all paid? And yet
you're suing on behalf of banks, I guess. It's crazy. The whole case is
crazy."
Engoron rejected that argument when the defence previously sought to have
the case thrown out.
The judge said the disclaimer on the financial statements "makes abundantly
clear that Mr. Trump was fully responsible for the information contained
within" them and that "allowing blanket disclaimers to insulate liars from
liability would completely undercut" the "important function" that such
statements serve "in the real world."
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Trump facing multiple trials
James's lawsuit is one of several legal headaches for Trump as he campaigns
for a return to the White House in 2024.
He has been indicted four times in the last six months accused in Georgia
and Washington, D.C., of plotting to overturn his 2020 election loss, in
Florida of hoarding classified documents, and in Manhattan of falsifying
business records related to hush money paid on his behalf.
The Trump Organization was convicted of tax fraud last year in an unrelated
criminal case for helping executives dodge taxes on extravagant perks, such
as Manhattan apartments and luxury cars.
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The company was fined $1.6 million US.
One of the executives, Trump's longtime finance chief Allen Weisselberg,
pleaded guilty and served five months in jail.
He is a defendant in James's lawsuit and gave sworn deposition testimony
for the case in May.
James's lawsuit does not carry the potential of prison time, but could
complicate Trump's ability to transact real estate deals. It could also
stain his legacy as a developer.
James has asked Engoron to ban Trump and his three eldest children from
ever again running a company based New York. She also wants Trump and the
Trump Organization barred from entering into commercial real estate
acquisitions for five years, among other sanctions.
The $250 million in penalties she is seeking is the estimated worth of
benefits derived from the alleged fraud, she said.