Donald Trump: What does $355m fraud ruling in New York mean for former President?

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Donald Trump: What does $355m fraud ruling in New York mean for former President?

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[ad_1] A New York court delivered a crushing blow on Friday to Donald Trump’s wallet by ordering the real estate tycoon to pay some $US355 million (

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A New York court delivered a crushing blow on Friday to Donald Trump’s wallet by ordering the real estate tycoon to pay some $US355 million ($544 million) after finding him liable of inflating his net worth by billions a year to get better loan and insurance terms.

But it’s unlikely that Mr Trump’s name will be erased from the Big Apple skyline after Manhattan Supreme Court Justice Arthur Engoron rejected the New York Attorney-General’s request to permanently bar him from doing business in the state where he shot to fame, the NY Post reports.

Here’s what the ruling means for Mr Trump’s real estate empire, his family company — and his wallet.

What does the ruling mean for Trump’s NY real estate empire?

Prior to trial, the judge had yanked Mr Trump’s business license for the Trump Organization — issuing what attorneys described as the “corporate death penalty” — after finding him liable for New York Attorney-General Letitia James’ main claim of fraud.

But in Friday’s ruling, Judge Engoron reinstated Mr Trump’s “business certificates” — and left it up to a third-party monitor to oversee the former President’s prized assets, such as Midtown’s Trump Tower and other iconic New York properties.

“This is a complete reversal from the last decision, and it is much more palatable for Trump,” said real estate lawyer Adam Leitman Bailey, who has sued Mr Trump in the past.

“He went from ordering Trump to potentially have to sell all of his New York assets within a short amount of time, to just having a monitor oversee things without giving her direction on what she’s supposed to do.”

The ruling also bars Mr Trump from being the CEO of Trump Organization — or holding any top business office in the state — for three years, but the ex-President could appoint someone else to run the company during that time, with the business staying in New York.

How will the ruling affect Trump’s namesake company?

The ruling creates more possible headaches for Mr Trump’s family business by “enhancing” ex-federal judge Barbara Jones’ role in keeping a watchful eye over the Trump Organization as what’s called an “independent monitor.”

The real estate holding company was already required to flag major financial moves to Ms Jones, and Judge Engoron on Friday extended her role to no less than three more years.

Ms Jones must also explain in court papers due in 30 days what specific “authority,” or powers, she will need to create an “enhanced monitorship” of Mr Trump’s company.

Mr Trump is also required to install a new independent “compliance” officer — at his own expense — to ensure that the business follows financial reporting and accounting rules, the ruling states.

Will the ruling bankrupt Trump?

The biggest headache Mr Trump is likely to face immediately is coming up with a security bond to cover the $US355 million penalty — plus a hefty 9 per cent interest rate — while his expected appeal winds its way through New York’s appellate courts.

Most bond companies will require Mr Trump to pony up around 10 per cent of the penalty in cash and then put up some of his properties as collateral to cover the rest of the bond, lawyers told The Post.

The ex-President could either put up the entire staggering amount in cash himself, or find a wealthy benefactor to chip in on his behalf.

Whether Mr Trump will be able to make this happen could put his boasts about being a multi-billionaire with hundreds of millions of dollars in cash flow to the test.

“If we’re to believe Trump’s claims about his wealth, posting an undertaking of this magnitude (plus interest) while the appeal is pending shouldn’t be a problem for him, financially speaking,” New York civil lawyer Melissa Levin told The Post last week.

“However, if we consider the actual numbers and facts we’ve been privy to regarding how much he’s truly worth,” Ms Levin added, “this could be a huge blow to the viability of his business and his personal financial stability.”

How much is Trump worth?

A Trump Organization 2021 document entered into evidence during the fraud trial claimed Mr Trump had close to $US293.8 million ($449.9 million) in “cash and cash equivalents” at his disposal — and a total net worth of $US4.5 billion ($6.9 billion) — though the AG’s office called that number trumped up.

Mr Trump will get a lot of the money he puts up back if an appeals court lowers the amount of penalties ordered by Judge Engoron.

But the property mogul is likely to be charged a multimillion-dollar, non-refundable fee from the bond company, lawyers said.

How will Trump’s likely appeal of the ruling play out?

Mr Trump’s legal team has already announced plans to appeal Judge Engoron’s ruling — and it could take a couple years for the case to make its way through the courts.

First, Mr Trump’s lawyers would file an appeal at the First Department of the state’s Appellate Division, and the case would ultimately end up being heard by the State Court of Appeals in Albany.

Mr Trump may want to add someone onto his legal team more well versed in the byzantine world of New York real estate law than his current roster of attorneys, said veteran New York lawyer Ron Kuby.

“Trump’s current legal team is dazzlingly ill-equipped to deal with the extraordinarily complex appeals process,” Mr Kuby told The Post.

“The Attorney-General’s office has many lawyers who know exactly how to navigate this process. Trump’s team has none.”

Mr Trump was represented at the trial by Chris Kise — who has mostly tried cases in Florida over his decades-long career — and Alina Habba, who has had a rapid rise to fame after joining Mr Trump’s legal team in 2021 but is relatively new to trying high-profile cases.

What’s next for Trump after $US355 million ruling?

The payment is not the only heavy penalty Mr Trump has been ordered to pay.

A Manhattan federal jury ordered him last month to pay $US83.3 million ($127.6 million) for defaming advice columnist E. Jean Carroll, whom a separate jury found that he sexually assaulted.

If he does file an appeal in the Carroll case as he’s claimed he will do, he’ll have to turn over the full amount that he owes Carroll for a court to hold in escrow until the appeal is resolved.

Plus, Mr Trump will have to navigate all of this financial havoc in his civil cases as he prepares for a criminal trial — slated to start March 25 — over whether he fudged his company’s business records to conceal an illicit pay-off to porn star Stormy Daniels to hide a sex scandal from voters in the run-up to the 2016 presidential election.

He has pleaded not guilty.

This article originally appeared on NY Post and was reproduced with permission

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