NY - $250m fraud against Former President Donald Trump, Trump Org., Eric, Donald Jr., Sept 2022, Trial 2 Oct 2023

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Trump Organization executive Patrick Birney testified that then-CFO Allen Weisselberg told him that Trump wanted to see his net worth "go up."

"Did Allen Weisselberg ever tell you that Mr. Trump wanted his net worth on the statement of financial condition to go up?" state attorney Eric Haren asked Birney.

"Yes," Birney said. "I think that happened in Allen Weisselberg's office."

Birney said the meeting with Weisselberg happened sometime between 2017 and 2019, but could recall a specific date.

The testimony prompted a quick objection from Trump attorney Chris Kise, who pushed back on claims from the New York attorney general that there was a conspiracy between Trump Organization employees to inflate Trump’s net worth.

"They are mixing hearsay and the conspiracy," Kise argued.

Judge Engoron asked both parties to submit two-page memos by tomorrow about whether the statements from Birney are hearsay.
Trump fraud trial live updates: Bank relied on Trump’s financial statement to secure loan
 
Tuesday, October 17th:
*Bench Trial continues (Day 11) (@ 10am ET) – NY - New York vs. Donald J. Trump (76/now 77), Donald Trump, Jr. (45) & Eric Trump (38/now 39) & the Trump Organization, Inc. (Allen Weisselberg (75/now 76) & Jeffrey McConney) are being sued by Letitia James, the New York Attorney General, who is leading a civil investigation (which cannot result in criminal charges filed on 9/21/22) & has spent years looking at whether the company committed various acts of fraud over several decades. In the civil case, Ms. James has filed a lawsuit against Trump & two of his children accusing them of "astounding" fraud & deception.
New York is seeking $250 million in financial penalties & asked the court to ban Trump, Donald Trump Jr. & Eric Trump from serving as an officer or director in any corporation registered or licensed in New York. James also requested the court ban the former president & his business from acquiring real estate in New York or from applying for loans from any New York financial institution for five years. James's civil case accuses Trump of lying from 2011 to 2021 about asset values at the Trump Organization, as well as his own net worth, in order to obtain better terms from lenders & insurers.
Lawsuit against: Donald John Trump, Donald Trump, Jr, Eric Trump, Allen Weisselberg, Jeffrey McConney, The Donald J. Trump Revocable Trust, The Trump Organization, Inc., Trump Organization LLC, DJT Holdings LLC, DJT Holinds Managing Memer, Trump Endeavor 12 LLC, 401 North Wabash Venture LLC, Trump Old Post of Fice LLC, 40 Wall Street LLC & Seven Springs LLC.
All charges against Ivanka Trump were dismissed.
Bench Trial began on 10/2/23. (could last until 12/22/23 per Judge).
The lawsuit’s remaining 6 counts allege similar acts of fraud (that Trump inflated his assets on statements of financial condition that he submitted to banks & insurers for personal gain).
Judge Arthur F. Engoron presiding / NY State Attorney General Leticia James / Defense attorney Christopher Kise & Jesus Suarez & Alina Habba for Trump, Weisselberg & the rest of the defendants for Trump Org. / Clifford Robert of Robert & Robert PLLC for Donald, Jr. & Eric.

Case & court info & Summary Judgement from 9/21/22 thru 9/28/23 & Bench Trial Day 1-9 (10/2-10/13/23) reference post #619 here:
https://www.websleuths.com/forums/t...mp-org-and-executives-oct-2023.673964/page-31

10/16/23 Monday, Bench Trial Day 10: State witness: Trump Org. executive Patrick Birney continues testimony. Trump's lawyers declined to cross-examine Birney, who stepped down from the stand. Trump Hotels chief accounting officer Mark Hawthorn. Trump Organization assistant controller Donna Kidder began her testimony. Kidder's testimony is scheduled to resume tomorrow morning.
For more info see post #621 here:
https://www.websleuths.com/forums/t...mp-org-and-executives-oct-2023.673964/page-32
Bench trial continues on Tuesday, 10/17/23.
 
A few notes on Trump's message before court this morning: * Trump still can, and does, attack the judge under the gag order shielding court staff * Executive Law 63(12) has, in fact, "been used before"—at least half a dozen times in the last few years * Scholars aren't named


Image
 
A Manhattan judge confirmed on Monday that the much-anticipated showdown between Donald Trump and his ex-attorney Michael Cohen has been postponed until at least next week.

Late last week, Cohen announced that his testimony would be postponed for health reasons, and Supreme Court Justice Arthur Engoron said that the “doctor’s note” dictates that the former president's former fixer’s testimony will come next Monday, at the earliest.
 

6/ Now they are turning to 40 Wall Street, a property that I have investigated extensively. A year ago, I published this story about 40 Wall, titled “Exclusive Reporting, Documents Bolster Trump Fraud Lawsuit.”

7/ The AG’s office is focusing on exactly what I reported a year ago. Trump valued 40 Wall St not on its actual income but on wildly inflated projections of its future income, helping value it at $525M (even though a real estate firm had appraised it at $200M a year earlier).

.......
11/ The problem with the apartment, from a legal perspective, is not that Trump gave his daughter a nice deal on a penthouse. The problem is that he allegedly gave her an option to buy it for a lowball price, but still valued it at a much-higher price on his net worth statements.
 
Donald Trump is back at the defense counsel's table in the courtroom, seated between his lawyers Alina Habba and Chis Kise.

Speaking to the press before entering the courtroom, Trump railed against the trial, telling reporters that his assets were undervalued, reiterating his desire for a jury trial, and criticizing New York Attorney General Letitia James.

"This is the railroading that's all coming out of the Department of Justice," Trump said without offering proof of the accusation.

New York Attorney General Letitia James is attending the civil trial this morning.

After greeting the press in the courtroom's gallery, James returned to same front-row seat she used earlier in the trial.

James attended the first six days of the trial but had not been in the courtroom the last week.
Trump fraud trial live updates: Trump, returning to courtroom, says 'there's no fraud'

Just outside the courtroom Donald Trump spoke during a roughly five-minute rant to reporters saying: “This is a rigged trial, this is a rigged situation… we’re being railroaded, and being railroaded in other trials.”
[snip]
Before taking a seat at the defense table, Trump – flanked by his two lawyers – frowned at New York Attorney General Letitia James as he strolled past her sitting in the gallery.

Eric Trump accompanied his father to trial and sat in the first row on the opposite side as the AG.
Trump fraud trial in NYC live updates: Ex-president frowns at AG Letitia James as he takes a seat in the courtroom
 
Donald Trump is back at the defense counsel's table in the courtroom, seated between his lawyers Alina Habba and Chis Kise.

Speaking to the press before entering the courtroom, Trump railed against the trial, telling reporters that his assets were undervalued, reiterating his desire for a jury trial, and criticizing New York Attorney General Letitia James.

"This is the railroading that's all coming out of the Department of Justice," Trump said without offering proof of the accusation.

New York Attorney General Letitia James is attending the civil trial this morning.

After greeting the press in the courtroom's gallery, James returned to same front-row seat she used earlier in the trial.

James attended the first six days of the trial but had not been in the courtroom the last week.
Trump fraud trial live updates: Trump, returning to courtroom, says 'there's no fraud'

Just outside the courtroom Donald Trump spoke during a roughly five-minute rant to reporters saying: “This is a rigged trial, this is a rigged situation… we’re being railroaded, and being railroaded in other trials.”
[snip]
Before taking a seat at the defense table, Trump – flanked by his two lawyers – frowned at New York Attorney General Letitia James as he strolled past her sitting in the gallery.

Eric Trump accompanied his father to trial and sat in the first row on the opposite side as the AG.
Trump fraud trial in NYC live updates: Ex-president frowns at AG Letitia James as he takes a seat in the courtroom
The world's attention is on Israel and Gaza.....who cares about this clown? He looks all the more petty now, imo. (I don't discount how dangerous he is.)

jmo
 
The world's attention is on Israel and Gaza.....who cares about this clown? He looks all the more petty now, imo. (I don't discount how dangerous he is.)

jmo
Given how things are developing in Israel and Gaza, I find him all the MORE dangerous. If this clown gets back in office I fear for what that would mean in that arena of the world.
 
Here's your fraud:
-------------------------------
17/ The key thing in the Trump Org math is how it says it got the cap rate that it applied to Niketown, based on a conversation with Doug Larson, who is now on the stand. Does Larson remember that call? "No." Did he know he was being used as a source? "No, I wasn't aware."
1697561711317.png
18/ The AG's office goes through example after example like this, where Larson is listed as a source on key figures that the Trump Org used in its valuations. But Larson doesn't remember these conversations. The Trump Organization seems to have just made this stuff up.

19/ This is brutal testimony for Trump, undermining the key numbers at the heart of his net worth calculation. Calculating a net worth is like doing any other math problem: If you screw it up early--by, say, using incorrect inputs--it messes up everything else from there.

20/ Lunch break now. Trump walks out of the courtroom slowly. We'll be back here in a bit.
 
Trump Hotels chief accounting officer Mark Hawthorn testified that in 2018 he inadvertently overstated the value of Trump's assets by relying on Trump's statement of financial condition.

When an outside accounting firm requested the amount of Trump's liquid assets, Hawthorn said he consulted the financial statement that listed "cash equivalents in excess of $290 million."

The New York attorney general alleges that Vornado Partnerships, a separate company with whom Trump has a limited partnership interest, owned 30% of the "cash and cash equivalents" Trump claimed in his 2018 statement.

In his testimony, Hawthorn said that information was not disclosed in the statement. He also said that he only was able to view the statement briefly in a 20-minute Google Meet session.

"It appears to have been overstated," Hawthorn said of the representation of Trump's assets on the statement.
Assets on statement were apparently overstated, exec says
 
Doug Larson's name appears across five years of Donald Trump's financial documents, according to records entered into evidence.

A professional appraiser with the real estate company Newmark, Larson was cited in Trump Organization documents as an expert at valuing properties like 40 Wall Street, Trump Tower, and an adjoining retail space called "Niketown." Spreadsheets entered as evidence explicitly reference multiple phone calls with Larson between 2013 and 2017.

When asked about these phone calls in court, Larson testified that no such conversations occurred.

"Is it fair to say that Mr. Trump valued Trump Tower at $526 million in conjunction with you?" state attorney Mark Ladov asked Larson.

"No, that is incorrect," Larson said.

"Were you aware that Mr. McConney was citing you as a valuation source in his work papers?" Ladov asked.

"No, I was not," replied Larson, who said he did not assist Trump Organization executives in valuing Trump Tower, Niketown, or 40 Wall Street, despite Trump's paperwork referencing him as a source.

Evidence presented by the state instead suggested that the valuations were determined using cherry-picked metrics from a generic email Larson sent clients.

"It's a way to get your name out to clients for potential work," Larson said about one such "email blast" that was used in a Trump Tower valuation.

Larson added that the valuations Trump Organization executives determined based on "consultation" with him used flawed methodologies, such as using capitalization rates related to office buildings to appraise the retail Niketown building.

"It doesn't make sense," Larson said about Niketown's $287 million valuation.

"It's inappropriate and inaccurate," Larson said about the Trump Organization relying on his name to support their valuations. "I should have been told, and appraisals should have been ordered."
 
Of note: Trump has been absent since after the afternoon recess. As we reported last week, he had a deposition scheduled today in a lawsuit brought by ex-FBI officials Lisa Page and Peter Strzok. https://themessenger.com/politics/trump-trial-new-york-deposition-strzok-page-cohen… CNN confirmed its still on. https://cnn.com/2023/10/17/politics/trump-peter-strzok-lisa-page-deposition/index.html

---------------------------
He's on his way to Florida I would bet MOO
 
Wednesday, October 18th:
*Bench Trial continues (Day 12) (@ 10am ET) – NY - New York vs. Donald J. Trump (76/now 77), Donald Trump, Jr. (45) & Eric Trump (38/now 39) & the Trump Organization, Inc. (Allen Weisselberg (75/now 76) & Jeffrey McConney) are being sued by Letitia James, the New York Attorney General, who is leading a civil investigation (which cannot result in criminal charges filed on 9/21/22) & has spent years looking at whether the company committed various acts of fraud over several decades. In the civil case, Ms. James has filed a lawsuit against Trump & two of his children accusing them of "astounding" fraud & deception.
New York is seeking $250 million in financial penalties & asked the court to ban Trump, Donald Trump Jr. & Eric Trump from serving as an officer or director in any corporation registered or licensed in New York. James also requested the court ban the former president & his business from acquiring real estate in New York or from applying for loans from any New York financial institution for five years. James's civil case accuses Trump of lying from 2011 to 2021 about asset values at the Trump Organization, as well as his own net worth, in order to obtain better terms from lenders & insurers.
Lawsuit against: Donald John Trump, Donald Trump, Jr, Eric Trump, Allen Weisselberg, Jeffrey McConney, The Donald J. Trump Revocable Trust, The Trump Organization, Inc., Trump Organization LLC, DJT Holdings LLC, DJT Holinds Managing Memer, Trump Endeavor 12 LLC, 401 North Wabash Venture LLC, Trump Old Post of Fice LLC, 40 Wall Street LLC & Seven Springs LLC.
All charges against Ivanka Trump were dismissed.
Bench Trial began on 10/2/23. (could last until 12/22/23 per Judge).
The lawsuit’s remaining 6 counts allege similar acts of fraud (that Trump inflated his assets on statements of financial condition that he submitted to banks & insurers for personal gain).
Judge Arthur F. Engoron presiding / NY State Attorney General Leticia James / Defense attorney Christopher Kise & Jesus Suarez & Alina Habba for Trump, Weisselberg & the rest of the defendants for Trump Org. / Clifford Robert of Robert & Robert PLLC for Donald, Jr. & Eric.

Case & court info & Summary Judgement from 9/21/22 thru 9/28/23 & Bench Trial Day 1-10 (10/2-10/16/23) reference post #622 here:
https://www.websleuths.com/forums/t...mp-org-and-executives-oct-2023.673964/page-32

10/16/23 Update: Judge Engoron confirmed on Monday that the much-anticipated showdown between Trump & his ex-attorney Michael Cohen has been postponed until at least next week. Late last week, Cohen announced that his testimony would be postponed for health reasons, and Supreme Court Justice Arthur Engoron said that the “doctor’s note” dictates that the former president's former fixer’s testimony will come next Monday, 10/23/23, at the earliest.
10/17/23 Update: State attorney Eric Haren has filed a letter with the court arguing that Trump Org. executive Patrick Birney's testimony yesterday about Trump's net worth should be admissible. During his testimony, Birney claimed that CFO Allen Weisselberg told him that "Mr. Trump wanted his net worth on the statement of financial condition to go up." Trump lawyer Chris Kise immediately objected to the statement as hearsay. Judge Engoron then asked both parties to submit two-page memos by today, regarding whether the statements from Birney are hearsay.
10/17/23 Tuesday, Bench Trial Day 11: State witnesses: Trump Organization assistant controller Donna Kidder continues her testimony. Doug Larson, an executive vice president at real estate company Newmark & a former Cushman & Wakefield executive director.
For more info see posts #626, 629 & 631 here:
https://www.websleuths.com/forums/t...mp-org-and-executives-oct-2023.673964/page-32
Bench trial continues on Wednesday, 10/18/23.
 
Trump’s Lawyers Accuse Real Estate Executive Who Delivered Damaging Testimony of Perjury The AM proceedings were briefly derailed with Attorney General Letitia James’s counsel saying Trump’s team was trying to intimidate a witness — and performing for the press


 
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