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US-POLITICS-BIDEN

Joe Raedle

NEW YORK — The judge overseeing New York Attorney General Letitia James’s <a href="https://www.washingtonpost.com/national-security/2023/09/21/new-york-trump-fraud-trial/" target=_blank>$250 million business fraud lawsuit</a> against <a href="https://www.washingtonpost.com/donald-trump/" target="_blank" class="contextual_link">Donald Trump</a> on Friday became visibly annoyed with defense lawyers for what he called false statements and previously used arguments.

New York Supreme Court Justice Arthur Engoron — who will preside over an upcoming bench trial that may last three months — grew frustrated with a Trump attorney’s repeated assertions that Trump and his namesake company were not liable for wrongdoing.

Trump and the other defendants are accused of giving banks and insurance companies drastically inflated estimates of Trump’s net worth during a decade’s worth of official transactions to get better loan and policy rates.

“You cannot make false statements used in business,” Engoron told Christopher Kise, banging his fist on his bench and raising his voice. “That’s what this statute prohibits, and that’s what’s alleged here.”

Engoron later chided another defense attorney, Clifford Robert, during arguments over whether the Trump team should be punished for recycling defenses in its Aug. 4 summary judgment motion that the judge previously called “borderline frivolous.” Robert defended the reason for bringing up the same arguments, saying it was the defense team’s duty because the team believes the earlier rulings were wrong.

Robert said it was the Trump lawyers’ duty to assert defenses they still believe to be true about the validity of James’s case. One of those arguments was that James (D), the top legal authority in the state, does not have standing to sue.

“When I first heard those arguments I thought it was a joke,” Engoron told Robert.

Robert cited an opinion by a retired New York judge who wrote an affirmation in defense of the Trump team’s work, but Engoron said it was improper to file the other judge’s opinion.

Engoron is expected to rule on the summary judgement and sanctions issues Tuesday. The civil trial is scheduled to begin Oct. 2, but an appeals court issued a stay of the proceeding until a full panel decides whether Engoron erred by not already dismissing some claims that were part of a decision in June.

In addition to the civil case, in which Trump is not at risk of going to prison, he faces four indictments and the possibility of significant prison time.

James’s office sued Trump, his company, three of his adult children who have served as company executives, and two longtime employees a year ago, alleging purposeful deception of lenders and insurance companies by up to $2.2 billion from 2011 to 2021 to get loan and policy discounts.

Ivanka Trump was released from the case in June, leaving her father, her brothers Donald Jr. and Eric, and two longtime Trump Organization employees as the named individuals in the lawsuit.

James is seeking the <a href="https://www.washingtonpost.com/national-security/2023/04/13/trump-new-york-business-lawsuit/" target=_blank>multimillion-dollar financial penalty plus other restrictions</a> that would severely limit the defendants’ ability to do business in New York.

The defendants allegedly used muddy methodology to concoct false values of property and other real estate assets that were not in line with values that would have been reached using standard practices — an accusation Trump and the other defendants adamantly deny.

Trump, a Republican <a href="https://www.washingtonpost.com/politics/interactive/presidential-candidates-2024/" target="_blank" class="contextual_link">candidate for president</a>, is the sole owner of the real estate, hospitality and golf resort company.

Trump’s attorneys have argued that banks and insurance firms did not rely on valuations the attorney general’s office says varied wildly and did not have an issue with the values. They have also said that no fraud was committed and that the banks profited from their business with Trump.

“To the extent [Trump] might seek to blame others or to downplay his role, he cannot do so,” said Andrew Amer, a lawyer arguing Friday for the attorney general’s office.

James has asked that Engoron simplify the trial by deciding in advance that fraud was broadly committed so the state would need to prove only specific illegal acts.

The defense has argued that there is no merit to the case and that it should be tossed out. The motion is not expected to be granted.

At the proceeding, Kise also argued that the annual “statements of financial condition” at issue were actually not in violation of accounting standards laid out by the Generally Accepted Accounting Principles, as the attorney general alleges. He said it is routine and proper for parties in the real estate world to arrive at different valuations and said a defense expert called the practice of valuations “a highly subjective process.”

Columbia University Graduate School of Journalism, MS

Montclair State University, BA in History

Shayna Jacobs is a federal courts and law enforcement reporter on the national security team at The Washington Post, where she covers the Southern and Eastern districts of New York. 

Shayna Jacobs

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Judge in fraud suit against Trump chides defense for repeating arguments 

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