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Republican presidential candidate and former President Donald Trump Alamy Stock Photo
US Courts

‘Impossible’ for Trump to post civil fraud bond of €417m while he appeals ruling, say lawyers

A judge ruled in February that Trump deceived banks and insurers by inflating his wealth on financial statements used to secure loans and make deals for years.

DONALD TRUMP’S LAWYERS have today told a New York appeal court that it is impossible for him to post a bond covering the full amount of his $454 million (roughly €417 million) civil fraud judgment while he appeals.

The former president’s lawyers wrote in a court filing that “obtaining an appeal bond in the full amount” of the judgment “is not possible under the circumstances presented”.

With interest, Trump owes $456.8 million (around €421 million). In all, he and co-defendants including his company and top executives owe $467.3 million (€430 million). To obtain a bond, they would be required to post collateral worth €557 million (€513 million), Trump’s lawyers said.

A state appeals court judge ruled last month that Trump must post a bond covering the full amount to pause enforcement of the judgment, which is to begin on 25 March.

Judge Arthur Engoron ruled in February that Trump, his company and top executives, including his sons Eric and Donald Trump Jr, schemed for years to deceive banks and insurers by inflating his wealth on financial statements used to secure loans and make deals.

Among other penalties, the judge put strict limitations on the ability of Trump’s company, the Trump Organisation, to do business.

Trump is asking a full panel of the state’s intermediate appellate court to stay the judgment while he appeals. His lawyers previously proposed posting a $100 million bond (€92 million), but appeals court judge Anil Singh rejected that. A stay is a legal mechanism pausing collection while he appeals.

A real estate broker enlisted by Trump to assist in obtaining a bond wrote in an affidavit filed with the court that few bonding companies will consider issuing a bond of the size required.

The remaining bonding companies will not “accept hard assets such as real estate as collateral,” but “will only accept cash or cash equivalents (such as marketable securities)”.

“A bond of this size is rarely, if ever, seen. In the unusual circumstance that a bond of this size is issued, it is provided to the largest public companies in the world, not to individuals or privately held businesses,” the broker, Gary Giulietti, wrote.

Trump appealed on 26 February, a few days after the judgment was made official. His lawyers have asked the Appellate Division of the state’s trial court to decide whether Engoron “committed errors of law and/or fact” and whether he abused his discretion or “acted in excess” of his jurisdiction.

Trump was not required to pay his penalty or post a bond in order to appeal, and filing the appeal did not automatically halt enforcement of the judgment.

New York Attorney General Letitia James, a Democrat, has said that she will seek to seize some of Trump’s assets if he is unable to pay the judgment.

Trump would receive an automatic stay if he were to put up money, assets or an appeal bond covering what he owes. He also had the option, which he is now exercising, to ask the appeals court to grant a stay with a bond for a lower amount.

Trump maintains that he is worth several billion dollars and testified last year that he had about 400 million dollars in cash, in addition to properties and other investments.

In January, a jury ordered Trump to pay $83.3 million (€76 million) to writer E Jean Carroll for defaming her after she accused him in 2019 of sexually assaulting her in a Manhattan department store in the 1990s. Trump recently posted a bond covering that amount while he appeals.

That is on top of the five million dollars (€4.6 million) a jury awarded Carroll in a related trial last year.

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