New York AG Rejects Trump's Request for Stay on $464 Million Fraud Judgment
ICARO Media Group
James argues that Trump's request is unreliable, procedurally improper, and based on flawed premises, according to a filing submitted by Senior Assistant Solicitor General Dennis Fan.
The crux of the argument revolves around Trump's inability to secure a bond for the judgment, with his lawyers claiming that over 30 insurance companies have rejected their client due to the judgment's colossal size. Trump's legal team further contends that his properties are needed as collateral for the bond. However, James challenges this assertion, stating that Trump has failed to demonstrate his attempts to secure a bond using his properties as collateral, adding that Trump's holdings are not as valuable as he claims.
The filing from the Attorney General's office asserts that the lack of documentary evidence provided by Trump's team raises doubt about the specific properties offered as collateral and the terms of their offer. The filing suggests that the potential refusal of the sureties to accept Trump's holdings as collateral may be attributed to the need for property appraisals, as well as the actual value of the assets.
Amidst the dispute, James proposes alternate solutions if Trump fails to secure a single bond for the judgment. These options include attempting to secure multiple smaller bonds of $100-200 million each or consenting to have his real estate interests held by the Supreme Court to satisfy the judgment.
In response to the filing, Trump's attorney Chris Kise accuses the Attorney General of a "brazen abuse of power" and claims she is misrepresenting facts and misconstruing applicable law. Kise argues that the damage inflicted on the New York business community and the rule of law will persist until a judicial officer intervenes.
Additionally, the Attorney General's filing criticizes Trump's introduction of affirmations from Alan Garten, the Trump Organization General Counsel, and Trump's broker, Gary Giulietti. James characterizes these affirmations as "unreliable" and points out that Giulietti failed to disclose his role as an expert witness for the defendants during the trial. Furthermore, the filing indicates that the Supreme Court found Giulietti's trial testimony lacking credibility and highlights his personal financial interest in the case due to his company's commissions from the Trump Organization.
The Trump Organization spokesperson strongly refutes the Attorney General's claims about Garten's affirmation, calling them "reckless, unethical, and sanctionable."
The judgment in question was handed down by Judge Arthur Engoron in February, ordering Trump to pay $464 million in disgorgement and interest for engaging in fraudulent financial practices that overvalued his real estate holdings and exaggerated his wealth. As part of the judgment, Trump was also barred from leading any New York company for three years, while his sons, Donald Trump Jr. and Eric Trump, were each fined $4 million and barred for two years. Both sons continue to deny any wrongdoing.
As the legal battle rages on, it remains to be seen how the court will adjudicate Trump's efforts to secure a bond or find other ways to satisfy the hefty judgment.