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By Mae Slater on
 September 28, 2024

New York Appeals Court Grilling Trump Prosecutors, Could Overturn Trump Fraud Judgment

A New York appeals court convened to hear arguments regarding the $454 million civil fraud judgment levied against Donald Trump and his business.

CNN reported that the session centered on whether the penalty was excessive and if the New York attorney general had the authority to bring the case.

In February 2023, a $454 million civil fraud judgment was issued against Donald Trump and his sons, finding them liable for overstating property values to secure favorable loan and insurance rates.

Trump’s legal team is appealing the significant financial penalty imposed by state Judge Arthur Engoron.

The judgment initially stood at $354 million but accrued an additional $100 million in interest, swelling the total to over $478 million by the time the appellate hearing took place.

Statute of Limitations Under Scrutiny

Key arguments from Trump’s attorneys focused on the statute of limitations, claiming that much of the case involved actions that occurred too long ago to be considered. They questioned the legitimacy of the lawsuit, given the timeframe of the alleged infractions.

The judges also scrutinized the attorney general's authority to file the case, particularly since Deutsche Bank, the primary entity involved, did not claim financial harm. The defense pushed back, emphasizing that there were no victims or complaints, questioning the necessity and scale of the penalty.

Justice Peter Moulton expressed concerns about the penalty, describing it as “troubling.” His colleague, Justice David Friedman, cast doubt on the attorney general’s role in protecting sophisticated financial entities. “It hardly seems to justify bringing an action to protect Deutsche Bank against President Trump which is what you have here,” he noted.

Deputy New York Solicitor General Judith Vale defended the financial penalty, stressing the severity and propensity of the fraud. “Although this is a large number, it’s a large number for a couple reasons. One, because there was a lot of fraud and illegality,” Vale argued.

Vale further asserted that the falsification of financial statements earned Trump considerable benefits, including better loan rates. She insisted that the fraud had far-reaching implications, impacting the integrity of the market even if Deutsche Bank did not suffer direct harm.

Justice Moulton raised questions about the limits of the attorney general’s power, particularly in cases where no harm was alleged by the involved parties. “There has to be some limitation in what the attorney general can do in interfering in these private transactions … where people don’t claim harm,” he remarked during the proceedings.

Trump’s Legal Defense and Counterarguments

John Sauer, representing Trump, argued that the case clearly violated the statute of limitations. He decried the lack of any proven material harm, victims, or complaints. “This case involves a clear-cut violation of the statute of limitations and the law of case doctrine,” he stated.

Sauer emphasized that the significant financial penalty in a case with “no victims, no complaints, no evidence of materiality or reliance” was indefensible. The Trump team’s position was that the trial court's ruling ignored earlier decisions that dismissed certain claims based on the statute of limitations.

The New York attorney general’s filings argued for the appeal to be dismissed. They maintained that the trial court’s findings were backed by overwhelming evidence that Trump and his sons used various deceptive strategies to inflate asset values.

Justice Moulton drew attention to the sheer size of the penalty, calling it “troubling.” He raised concerns about whether the penalties were calculated appropriately, particularly in relation to specific transactions like the sale of the Old Post Office building in Washington, DC.

Trump’s legal camp reiterated that the trial court made constitutional errors, ignoring prior rulings that had dismissed many claims due to the statute of limitations. This assertion was part of a broader argument that the hefty penalty imposed was fundamentally unjustified.

The appellate panel did not issue a decision following the hearing. A final ruling is not expected before the upcoming election, leaving the extensive judgment in limbo for now.

Interconnection with Other Legal Troubles

This case is among several legal challenges facing Trump, including criminal charges and the E. Jean Carroll defamation verdict. The intertwining of these cases complicates the legal landscape for Trump as he navigates multiple fronts of litigation.

The enduring debate over the appropriateness and magnitude of the financial penalty remains a critical issue. It brings into focus the balance between punishing alleged fraud and ensuring penalties are equitable and justified.

Conclusively, the New York appeals court’s hearing on Trump’s $454 million civil fraud judgment has raised significant questions about the authority to enforce such penalties and the mechanics of calculating such substantial amounts.

The lack of a decision on the spot signifies that this case, emblematic of broader legal battles for Trump, remains unresolved for the time being.

Written By:
Mae Slater

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