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Donald Trump is appealing a fine imposed in a New York civil fraud trial.
He takes issue with the definition of fraud used by Judge Arthur Engoron.
Former President Donald Trump will appeal a $355 million fine imposed in a New York civil fraud trial, challenging Judge Arthur Engoron’s definition of fraud, Newsweek reported Monday.
Engoron, a Democrat, on Friday found the former president, the Trump Organization, executives and his adult son responsible for the fraud and ordered Trump to pay a hefty fine.
Chris Kiss, President Trump’s lead attorney in the case, told Newsweek magazine, “This lawsuit is based on legal and constitutional issues related to the ‘fraud’ allegations and findings, although there is no actual wrongdoing. “It’s raising issues,” he said.
According to ABC News, Trump and his lawyers previously promised to appeal Engoron’s decision to the New York State Supreme Court, First Judicial Division, Appellate Division.
Before filing an appeal, Trump must deposit $455 million into a court account under New York state law, Jonathan Turley said.
Under New York state law, President Trump cannot appeal the ruling unless he deposits the entire amount, including interest, into a court account. Even for Trump, $455 million is hard to come by. Similarly, issuing bonds would require companies to guarantee payments to defendants who are prohibited from doing business in New York and face having to liquidate large portions of their portfolios.
For judges like Engoron, there is nothing more successful than excess. Imposing this astronomical number can make it difficult or impossible for defendants to appeal without declaring bankruptcy or selling assets at distressed prices.
Excessive fines and their basis raise serious legal and constitutional questions. Many of us think it needs to be drastically reduced or completely abolished.
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