Trump Appealing NY Fraud Fine
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Donald Trump is appealing the fine that was imposed in his New York Civil Fraud trial.
He is challenging the definition of fraud that Judge Arthur Engoron used.
Former President Donald Trump will appeal the $355 million fine imposed in New York’s civil fraud trial by challenging Judge Arthur Engoron’s definition of fraud, Newsweek reported Monday.
Engoron, a Democrat, on Friday ordered Trump to pay the enormous fine after deciding the former president, The Trump Organization, top executives, and his adult sons are liable for fraud.
“The case raises serious legal and constitutional questions regarding ‘fraud’ claims/findings without any actual fraud,” Chris Kise, Trump’s principal lawyer in the case, told Newsweek.
Trump and his lawyers previously vowed to appeal Engoron’s ruling to the New York State Supreme Court Appellate Division, First Judicial Department, ABC News reported.
According to Jonathan Turley, Trump has to put $455 million in a court account under New York Law before he can appeal.
Under New York law, Trump cannot appeal this ruling without depositing the full amount, including interest, in a court account. Even for Trump, $455 million is hard to come by. Likewise, a bond would require a company to guarantee payment for a defendant who has been barred from doing business in New York and is facing the need to liquidate much of his portfolio.
Nothing succeeds like excess for judges like Engoron. By imposing this astronomical figure, he can make it difficult or impossible for a defendant to appeal, absent declaring bankruptcy or selling off assets at distress prices.
The excessive fine and its basis raise serious statutory and constitutional questions. Many of us believe it should be substantially reduced or tossed out entirely.
