Trump liable for fraud, judge finds in New York civil case

 

Donald Trump "repeatedly" misrepresented his wealth - by up to $3.6bn (£3bn) - to banks and insurers, a New York judge has ruled.

The decision resolves the key claim made by New York's attorney general in her civil lawsuit against the former president.

"The documents here clearly contain fraudulent valuations that defendants used in business," the judge wrote.

It is a major blow for Mr Trump before the case goes to trial next Monday.

Attorney General Letitia James sued Mr Trump last September, accusing him, his two adult sons and the Trump Organization of lying about his net worth and asset values between 2011 and 2021.

Ms James claimed the defendants issued false business records and financial statements in order to get better terms on bank loans and insurance deals, and to pay less tax.

In a trial that will now resolve six remaining claims in her suit, she will seek $250m in penalties and a ban on Mr Trump doing business in his home state.

The non-jury trial is scheduled to begin 2 October and last until at least December.

In a pre-trial phase of the case known as summary judgement, Ms James had asked Justice Arthur Engoron of the New York state court in Manhattan to rule on her claims.

She argued that finding certain facts to be beyond dispute would speed up the trial.

Defence lawyers for Mr Trump, meanwhile, called for the suit to be thrown out, arguing the public had not been harmed by Mr Trump's actions and the loans in question occurred long ago.

Mr Trump has previously denied wrongdoing, dismissing the case in New York as another political "witch hunt" brought by a prosecutor biased against him.

New York attorney general Letitia James wants the Trumps to repay $250m that she says was illegally obtained

As part of Tuesday's decision, the Trump Organization was ordered to cancel its New York business licenses and, within 10 days, recommend independent monitors who could oversee that process.

That is a legal loss for the New York native, who now lives in Florida.

The judge's ruling will not dissolve his company but could end his control over signature New York properties like the Trump Tower and the Trump Building at 40 Wall Street.

Judge Engoron on Tuesday also denied the Trump team's request to throw out the case, and separately fined five Trump attorneys $7,500 each for making arguments already rejected by the court.

During arguments in court on Friday, a lawyer with Ms James' office said the former president had signed off on statements that overinflated the valuations offered by appraisers his company hired.

But Trump attorney Christopher Kise argued doing so showed that Mr Trump was an "investment genius" and "a master at finding value where others see nothing".

Judge Engoron did not buy it. Repeatedly lobbing questions at and interrupting Mr Kise, he at one point banged his fist on the bench and raised his voice.

"You cannot make false statements and use them in business - that's what this statute prohibits," he said.

His summary judgment went further, arguing that Mr Trump's behaviour amounted to more than simply bragging about his riches and that he and his company had repeatedly lied about his financial affairs.

"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," he wrote.

"That is a fantasy world, not the real world."

Mr Trump is still seeking to delay the trial in New York and has sued the judge.

An appeals court is set to rule this week on that lawsuit. If it rules against him, Mr Trump will have to fight out the rest of the case in court.

It is just one of several legal battles he is enmeshed in as he campaigns for a rematch with President Joe Biden next year and a return to the White House.

Far and away the frontrunner to win the Republican nomination, he is also facing 91 felony charges across four criminal cases. He has pleaded not guilty

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By Sam Cabral || BBC News, Washington

 

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