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Trump will dispute judge’s definition of ‘fraud’ in appeal of $355M fine: report

Former President Donald Trump accused Manhattan Supreme Court Judge Arthur Engoron of “fraud” in appealing a $355 million judgment handed down against him in a civil trial last week, according to his lawyer. He plans to challenge the definition.

Trump’s attorney Christopher Kiss told Newsweek on Monday, “This lawsuit raises serious legal and constitutional questions regarding allegations of ‘wrongdoing’ and the findings of an investigation, even though there was no actual wrongdoing.” “We are raising the issue,” he said.

Kise also accused Engoron and New York State Attorney General Letitia James (both Democrats) of trying to damage New York City and force President Trump out of New York.

The lawyer did not specify the timing of the appeal, saying it “depends on many factors” but would be “within the 30 days” allowed by the court. The outlet reported.

Engoron ordered Trump to pay $355 million for inflating the value of the company’s assets over more than a decade. Reuters
Engoron last week described President Trump’s alleged misconduct as a “venial sin.” AP

On Friday, Engoron, 74, a taxi driver turned judge, ordered President Trump, 77, to pay a huge fine and banned the former president’s sons, Donald Trump Jr. and Eric Trump, from entering the country. ordered. The Trump Organization was banned from doing business in the Empire State for two years after it was found to have overvalued its assets to secure loans and deals from banks and insurance companies in the state.

The judge’s verdict also ordered Donald Trump Jr. and Eric Trump to pay $4 million each, and banned Trump Organization executives Allen Weisselberg and Jeff McConey from holding corporate executive positions for three years.

Mr. Trump’s appeal alleges that Mr. James has “traditional elements of fraud, including (1) being a scientist, with an underlying intent to defraud; and (2) a false statement of fact rather than opinion or opinion.” It would be necessary to prove that it lacked the authority to punish him without showing any “element”. “Trade inflation, (3) reasonable reliance by the victim, (4) materiality, (5) causation, and (6) damages,” Greg Germain, a professor at Syracuse School of Law, told Barron’s.

“I think there’s a strong argument that if the attorney general is going to punish past use rather than prevent future use, he’s going to need to uncover all the elements of traditional misconduct,” he said. added.

Germain said New York state law does not require her to have broad authority to investigate and prosecute cases of alleged civil fraud under state law, and she does not need to prove that all six elements are present. There is a high possibility that they will object.

New York AG Letitia James filed a civil fraud lawsuit in September 2022 against the company’s former president, the family’s real estate company, and his two eldest sons. AP

Last October, President Trump slammed the Empire State’s fraud law, suggesting it was unconstitutional.

“New York State Administrative Law Section 63(12) does not require a victim, the traditional elements of fraud are eliminated (the only such law!), and the law is politically President Trump is allowing partisan elected prosecutors to sway politically elected judges, who may be friends to ruin, even political opponents. posted on Truth Social.

“This law may not be constitutional and it’s not fair. That’s why the horrible Lt. James decided to use this law against me!!!” he raged.

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