December 23, 2024
Trump Asks Appeals Court To Overturn $454 Million Civil Fraud Judgment

Authored by Jack Phillips via The Epoch Times,

Lawyers for former President Donald Trump on July 22 asked a New York appeals court to overturn the $454 million New York civil fraud judgment that was handed down earlier this year.

In court papers filed with First Department of the State Supreme Court’s Appellate Division, the state’s mid-level court, his lawyers wrote that Manhattan Judge Arthur Engoron’s Feb. 16 finding, that claimed former President Trump made false statements to insurers, banks, and other entities about his wealth, was incorrect.

“Based on the ruling in this case, no company will want to come to New York to do business, and many businesses are fleeing,” his attorneys wrote.

“The economic aspects of this decision are a disaster for New York.“ The New York Attorney General’s office ”has used the statute in a way never seen before,” they added.

The lawyers said “there were no victims and no losses,” adding that the former president’s business partners “raved internally about their business with him and were eager for more.”

In their appeal, they contended that the judge made an “erroneous” decision and, during the case, “struggled to understand basic banking concepts” before he handed down the fine. They further said that he erred in rejecting an earlier appeals court decision regarding the statute of limitations for the case, arguing that New York Attorney General Letitia James’ civil lawsuit should have been dismissed.

The former president’s team also contended that after Justice Engoron’s decision, it gives the state attorney general’s office “limitless power to target anyone,“ including ”political opponents,” according to the 116-page filing.

“If Appellants’ conduct constituted ‘fraud’ [...] then that word has no meaning, and [New York Attorney General’s] power to seize and destroy private businesses is boundless—and standardless,” the attorneys added.

Before the trial, Justice Engoron rejected many of the Trump attorneys’ objections as the case proceeded, at one point equating them to the plot of the movie “Groundhog Day” and fining some of the lawyers $7,500 each for “repetitive, frivolous” argument. The Appellate Division previously denied former President Trump’s bid to end the case on statute of limitations and other grounds.

After the judge handed down the judgment, former President Trump posted a $175 million bond in April to halt its collection and prevent interest from accruing. The move also blocked Ms. James from seizing some of his assets in New York City while he appeals the matter.

The Epoch Times contacted the New York Attorney General’s office for comment Tuesday.

In a statement to multiple news outlets, Ms. James’ office said that the appeal filed Monday repeats some arguments that were already rejected. “We won this case based on the facts and the law, and we are confident we will prevail on appeal,” a spokesperson said.

Former President Trump, the Republican nominee for the 2024 presidential election in November, has maintained his innocence in the fraud case, saying he’s being unfairly targeted.

Should former President Trump and his company, the Trump Organization, have to pay the entire judgment, it could imperil his cash reserves, although he might be able to recoup some of those losses due to his large stake in Trump Media, which owns his Truth Social platform.

Earlier this year, he was ordered in a separate case to pay nearly $84 million in damages after a New York jury found that he defamed a writer, E. Jean Carroll.

In May of this year, he was convicted by a Manhattan jury on 34 felony counts of falsifying business records in relation to payments made during the 2016 campaign. Sentencing for that case is scheduled for September.

The Manhattan case may be the only one of four cases against former President Trump that goes to trial before the November election. A federal judge in Florida last week dismissed federal charges involving his handling of classified documents after leaving the White House, arguing that the special counsel appointed in that case, Jack Smith, was improperly appointed by the Department of Justice. Mr. Smith has vowed to appeal the judgment.

Two other election-related cases brought against him in Washington and Georgia have been stalled, and it’s not clear when either will go to trial, if ever. The former president had pleaded not guilty to all charges in the four cases.

Tyler Durden Tue, 07/23/2024 - 15:05

Authored by Jack Phillips via The Epoch Times,

Lawyers for former President Donald Trump on July 22 asked a New York appeals court to overturn the $454 million New York civil fraud judgment that was handed down earlier this year.

In court papers filed with First Department of the State Supreme Court’s Appellate Division, the state’s mid-level court, his lawyers wrote that Manhattan Judge Arthur Engoron’s Feb. 16 finding, that claimed former President Trump made false statements to insurers, banks, and other entities about his wealth, was incorrect.

“Based on the ruling in this case, no company will want to come to New York to do business, and many businesses are fleeing,” his attorneys wrote.

“The economic aspects of this decision are a disaster for New York.“ The New York Attorney General’s office ”has used the statute in a way never seen before,” they added.

The lawyers said “there were no victims and no losses,” adding that the former president’s business partners “raved internally about their business with him and were eager for more.”

In their appeal, they contended that the judge made an “erroneous” decision and, during the case, “struggled to understand basic banking concepts” before he handed down the fine. They further said that he erred in rejecting an earlier appeals court decision regarding the statute of limitations for the case, arguing that New York Attorney General Letitia James’ civil lawsuit should have been dismissed.

The former president’s team also contended that after Justice Engoron’s decision, it gives the state attorney general’s office “limitless power to target anyone,“ including ”political opponents,” according to the 116-page filing.

“If Appellants’ conduct constituted ‘fraud’ […] then that word has no meaning, and [New York Attorney General’s] power to seize and destroy private businesses is boundless—and standardless,” the attorneys added.

Before the trial, Justice Engoron rejected many of the Trump attorneys’ objections as the case proceeded, at one point equating them to the plot of the movie “Groundhog Day” and fining some of the lawyers $7,500 each for “repetitive, frivolous” argument. The Appellate Division previously denied former President Trump’s bid to end the case on statute of limitations and other grounds.

After the judge handed down the judgment, former President Trump posted a $175 million bond in April to halt its collection and prevent interest from accruing. The move also blocked Ms. James from seizing some of his assets in New York City while he appeals the matter.

The Epoch Times contacted the New York Attorney General’s office for comment Tuesday.

In a statement to multiple news outlets, Ms. James’ office said that the appeal filed Monday repeats some arguments that were already rejected. “We won this case based on the facts and the law, and we are confident we will prevail on appeal,” a spokesperson said.

Former President Trump, the Republican nominee for the 2024 presidential election in November, has maintained his innocence in the fraud case, saying he’s being unfairly targeted.

Should former President Trump and his company, the Trump Organization, have to pay the entire judgment, it could imperil his cash reserves, although he might be able to recoup some of those losses due to his large stake in Trump Media, which owns his Truth Social platform.

Earlier this year, he was ordered in a separate case to pay nearly $84 million in damages after a New York jury found that he defamed a writer, E. Jean Carroll.

In May of this year, he was convicted by a Manhattan jury on 34 felony counts of falsifying business records in relation to payments made during the 2016 campaign. Sentencing for that case is scheduled for September.

The Manhattan case may be the only one of four cases against former President Trump that goes to trial before the November election. A federal judge in Florida last week dismissed federal charges involving his handling of classified documents after leaving the White House, arguing that the special counsel appointed in that case, Jack Smith, was improperly appointed by the Department of Justice. Mr. Smith has vowed to appeal the judgment.

Two other election-related cases brought against him in Washington and Georgia have been stalled, and it’s not clear when either will go to trial, if ever. The former president had pleaded not guilty to all charges in the four cases.

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