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NY asks court to uphold Trump’s nearly 0 million verdict
Washington

NY asks court to uphold Trump’s nearly $500 million verdict

NEW YORK – New York state lawyers late Wednesday asked an appeals court to uphold the nearly $500 million fraud conviction against Donald Trump, arguing there was “overwhelming evidence” to support a judge’s finding that the former president lied about his wealth for years as he built his real estate empire.

In documents filed ahead of oral arguments next month, New York Attorney General Letitia James’ office said the current Republican nominee’s appeal was full of “baseless legal arguments” and that he ignored numerous pieces of evidence showing that he and his co-defendants engaged in “large-scale fraud and illegality.”

“Significantly, on appeal, the defendants ignore almost all of their deceptions,” wrote Assistant Attorney General Daniel Magy in a 168-page brief to the state’s middle-level appeals court, known as the Appellate Division.

Trump, his company and its top executives, including his sons Eric and Donald Trump Jr., “created and used financial statements full of blatant misrepresentations and omissions to maintain over half a billion dollars in loans and generate over $360 million in ill-gotten gains,” Magy wrote.

The Appellate Division said Wednesday that it will hear the case on Sept. 26, about six weeks before Election Day and shortly after early voting begins in some states. The court typically issues its decision about a month after the hearing, meaning a decision could come before the end of the presidential campaign.

If the ruling is upheld, it threatens to diminish Trump’s personal wealth, jeopardize his Trump Organization and damage his identity as a savvy businessman. As of Wednesday, Trump’s defendants owe more than $485 million, including interest that continues to accrue despite Trump posting a $175 million bail bond in April to stop the forfeiture of the sum and prevent the state from seizing his assets during his appeal.

Trump is asking the appeals court to overturn the February 16 ruling by Manhattan Judge Arthur Engoron. Engoron lied to banks, insurance companies and others about his wealth in financial documents he used to secure loans and close deals. He and his lawyers argue that the ruling is “flawed” and “outrageous.”

The appeals court could either affirm Engoron’s conviction, reduce or modify the sentence, or overturn the decision entirely. If Trump fails on appeal, he can ask the state’s highest court, the Court of Criminal Appeals, to take up his case. If he wins, he won’t have to pay the state anything and will get his bail money back.

Trump and his lawyers claim the case should never have gone to trial, that some of the allegations are statute-barred and that the government cannot monitor private business transactions. They also challenge the legal mechanics of James’ lawsuit, arguing that the law she used to sue him is a consumer protection law typically used to rein in companies that defraud their customers.

Trump denies any wrongdoing and he and his lawyers say no one was harmed. He has condemned the verdict as “election rigging” and “the use of weapons against a political opponent” and complained that he was being punished for having “built a perfect company, lots of money, great buildings, great everything.” James and Engoron are Democrats.

In their response Wednesday, prosecutors said the statute of limitations was correctly applied and that state law gives the attorney general the authority to pursue fraudulent or illegal business conduct, “whether directed against consumers, small businesses, large corporations or other individuals or entities.”

The oral arguments scheduled for Wednesday are another reason for Trump’s busy September as he campaigns to recapture the White House while dealing with the aftermath of several court defeats.

On September 10, Trump is scheduled to debate his Democratic opponent, Vice President Kamala Harris. On September 16, the judge in Trump’s hush-money criminal case is scheduled to rule on a defense motion to overturn his felony conviction and dismiss the case on grounds of presidential immunity. Two days later, Trump is scheduled to be sentenced in the criminal case – but his lawyers have asked that the verdict be delayed until after Election Day on November 5.

If Engoron’s ruling is upheld, Trump would have to give up a significant portion of his wealth. The judge ordered Trump to pay a $355 million penalty to compensate for “ill-gotten gains” from his inflated financial statements, including lower loan interest rates and profits from projects he otherwise would not have been able to complete.

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