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Former US president Donald Trump speaking to reporters at at his civil fraud trial in New York last month. Alamy Stock Photo
US

New York attorney general seeks $370 million from Donald Trump in civil fraud trial

The civil case could also end up barring the former US president from doing business in the state where he built his property empire.

NEW YORK STATE lawyers have increased their request for penalties in Donald Trump’s civil business fraud trial, while his defence argued that no evidence of fraudulent intentions or ill-gotten gains has been shown in weeks evidence.

Closing arguments are set for Thursday and Trump is expected to attend.

It will be the final chance for state and defence lawyers to make their case in a lawsuit that is consequential for the leading Republican presidential hopeful even while he fights four criminal cases in various courts.

The New York civil case could end up barring him from doing business in the state where he built his property empire, and state Attorney General Letitia James is now seeking more than $370 million dollars (€338 million) in penalties.

The figure emerged in her offices’ filing today; the state had sought $250 million (€228 million) before the trial but had nudged the number to more than $300 million dollars (€274 million) during the proceeding.

James’ lawsuit accuses Trump, his company and key executives of deceiving banks and insurers by vastly inflating his net worth.

James argues that Trump got attractive rates on loans and insurance because of the wealth he claimed on his personal “statements of financial condition” or “SFCs” for short.

The suit alleges that the documents gave exorbitant values for golf courses, hotels, and more, including Trump’s former home in his namesake tower in New York and his current home at the Mar-a-Lago club in Palm Beach, Florida.

“The conclusion that defendants intended to defraud when preparing and certifying Trump’s SFCs is inescapable,” Kevin Wallace, a lawyer in James’ office, wrote in a filing today.

“The myriad deceptive schemes they employed to inflate asset values and conceal facts were so outrageous that they belie innocent explanation.”

The defendants, including his sons Donald Trump Jr and Eric Trump, deny any wrongdoing.

The former US president asserts that his financial statements actually came in billions of dollars low, and that any overestimations — such as valuing his Trump Tower penthouse at nearly three times its actual size – were mere mistakes and made no difference in the overall picture of his fortune.

He also says the documents are essentially legally bulletproof because they said the numbers were not audited, among other caveats. Recipients understood them as simply starting points for their own analyses, the defence says.

None of his lenders testified that they would not have made the loans or would have charged more interest if his financial statements had shown different numbers, defence lawyers wrote in a filing today for Trump, his Trump Organisation and some executives.

The state “adduced no factual evidence from any witness that the gains were ill-gotten,” lawyers Michael Madaio and Christopher Kise wrote. Nor, they said, was there proof that insurers were ripped off.

Separately, defence lawyers argued that claims against executive vice presidents Eric Trump and Donald Trump Jr should be dismissed because they never had “anything more than a peripheral knowledge or involvement in the creation, preparation, or use of” their father’s financial statements.

The sons relied on the work of other Trump Organisation executives and an outside accounting firm that prepared those documents, lawyers Clifford Robert and Michael Farina said.

Their father also took the stand and made a stream of comments in the court hallway. He painted the case as a political manoeuvre by James, Judge Arthur Engoron and other Democrats, saying they are abusing the legal system to try to cut off his chances of winning back the White House this year.

The verdict is up to the judge because James brought the case under a state law that does not allow for a jury. Engoron has said he hopes to decide by the end of this month.

In addition to penalties, James wants Trump to be prohibited from doing business in New York.

During the trial, Engoron fined Trump $15,000 dollars (€13,700) after finding that he violated a gag order that barred all trial participants from commenting publicly on the judge’s staff. The order was imposed after Trump maligned the judge’s principal law clerk.

Trump’s lawyers are appealing against the gag order.

Author
Press Association