After an intense three-month trial, former President Donald Trump was ordered Friday to pay more than $355 million in a New York civil fraud case. But questions remain about what happens next.
The lawsuit, filed by New York Attorney General Letitia James, centers on President Trump's inflated assets to secure bank loans. Throughout the trial, Judge Arthur Engoron of the First Judicial District of the New York State Supreme Court came under fire for his questionable valuations of Trump's assets, including the $18 million valuation of his oceanfront Mar-a-Lago estate. . Nevertheless, Engoron, which decided the case without a jury, found Trump liable for the huge sum, plus nearly $100 million in interest, and said the Trump Organization had “a complete lack of contrition and remorse. It's almost pathological.”
In addition to the large sum of money, Mr. Trump was prohibited from serving as an officer or director of any New York company for three years and was prohibited from receiving loans from New York banks. As America's financial capital, this could be a problem for President Trump going forward. This is no small obstacle, even for wealthy people.
This was bound to happen in one of the bluest districts in America, determined to defeat Trump at all costs. The only question now is whether Trump has more tricks up his sleeve.
Breaking news: Legal scholar Professor Jonathan Turley (@JonathanTurley) Judge Engoron explodes after sentencing President Trump to $364 million fine and three-year suspension in New York civil fraud case, saying, “None of us could find a case like this!” Say well, no one else has experienced this!!!!!! Watch pic.twitter.com/3Lk5Ef3tRl
— Simon Ateba (@simonateba) February 16, 2024
Will Trump have to pay?
The short answer is yes. Will Thomas, a University of Michigan law professor, said it would be up to the courts to decide how much cash Trump would have to submit in his appeal. Said Associated Press. Standard practice is that the full amount will be deposited with the court as long as the appeal is pending. After the appeal, the funds will be formally transferred.
“New York's judicial system has shown a willingness to act quickly on some of Mr. Trump's issues,” Thomas said, according to the report. “If you listen to what we're hearing from the First Court of Appeals, that's almost certainly the point where money is exchanged.”
Alternatively, Trump could secure a lower appeal bond, but that would require him to post collateral in case Trump was found to have fraudulently inflated the value of his assets, according to the Associated Press. Reported. Additionally, he is not allowed to take out loans in New York, which further complicates this option. according to Reuters. (Related article: 'They're crazy': President Trump criticizes Judge Letitia James after ruling in civil fraud case)
It is not uncommon for the total amount to be reduced as a result of an appeal. In fact, the appellate court has put the entire decision on hold pending appeal, which could come as early as the summer, Thomas said. But does anyone think a New York court will end President Trump's respite at this point?
Can President Trump afford it?
I don't really understand that. A billionaire is not rich because he has $1 billion in his checking account. Their wealth usually comes from a complex portfolio of illiquid assets. In Trump's case, his estimated $10 billion net worth comes from real estate, much more than cash in the bank.
As of October 2023, President Trump is $425 million cash on hand. If that's true, it still won't be enough to cover Friday's total, let alone the other settlements in the E. Jean Carroll case.
Unlike Trump's other legal weaknesses, the civil fraud case is unrelated to Trump's campaign or conduct as a candidate or politician, so he cannot use campaign funds, Reuters said. report.
But Daniel Weiner, director of elections and government programs at the Brennan Center, said: Said Even if President Trump did use super PAC funds, “it is not very likely that the Federal Election Commission, in its current configuration, would pursue these violations.”
This is a jab at the FEC's supposedly partisan makeup, where a majority of its members were appointed by Trump. But it would be foolish for President Trump to take a free hand for this reason.
What if he doesn't pay?
If he doesn't pay, he will face the same fines as everyone else: additional fines, asset seizure, and ultimately jail time. However, as even Reuters admits, it is unlikely that the situation will escalate to this point.
“Today we proved that no one, no matter how wealthy, is above the law,” New York Attorney General Letitia James said in response to Donald Trump's civil fraud conviction.
“Donald Trump may have written 'The Art of the Deal,' but he has perfected the art of theft.” pic.twitter.com/TszLKY69pM
— MSNBC (@MSNBC) February 16, 2024
Is there any remedy?
According to the newspaper, President Trump's attorney Christopher Kiss said, “President Trump obviously intends to appeal, and the Appellate Division will ultimately resolve the countless catastrophic errors made by the trial court without being bound by law or reality.'' I am confident that it will be corrected.” ABC.
The appeal probably hinges on three important points: there were no victims of his alleged fraud, Judge Engoron was a biased actor, and James' case was improperly resorted to. It means that it was used. legal mechanism in the first place. All of these arguments were made in the first trial, and Trump himself has made them many times. The “no-victim” defense refers to the fact that the lenders Trump allegedly defrauded were repaid in full, regardless of the original valuation offered. (Related: CNN Senior Legal Analyst Offers 3 Possible Defenses Against Trump in New York Civil Case)
The first appeal will take the case to a five-judge panel of the New York Appellate Division, an intermediate court. If that fails, it can be appealed to the state's highest court, the Court of Appeals.
Where does the money go?
President Trump is not going to pay to help the victims recover because no real harm was done. This is where the real suffering becomes apparent. That money will likely go to the people he's targeting: New York City and the state.