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Judges Set to Hear Trump Civil Appeal 09/26 06:13
NEW YORK (AP) -- As Donald Trump hits the homestretch of his White House
run, the former president's lawyers are heading to a New York appeals court in
a bid to overturn a civil fraud judgment that could cost him nearly $500
million.
The Republican presidential nominee has given no indication that he plans to
attend Thursday's arguments before a five-judge panel in the state's mid-level
appellate court in Manhattan. The hearing is scheduled to start at noon and is
expected to be streamed online.
Trump is asking the court to reverse Judge Arthur Engoron's ruling in
February that he lied about his wealth on paperwork given to banks, insurers
and others to make deals and secure loans. The verdict cut to the core of
Trump's wealthy, businessman persona.
Trump has decried the outcome in New York Attorney General Letitia James'
lawsuit against him as "election interference" and accused Engoron of punishing
him for "having built a perfect company." His lawyers contend the verdict was
"grossly unjust" and should be reversed.
They contend some allegations should have been barred by the statute of
limitations and that the state shouldn't be policing private business
transactions. They have also complained about Engoron's handling of the case,
accusing the judge of "tangible and overwhelming" bias and exceeding his
authority.
State lawyers argue there is ample evidence to support the verdict and that
Trump's appeal is based on meritless legal arguments, many of which Engoron and
the Appellate Division have rejected before.
D. John Sauer, who successfully argued Trump's presidential immunity case
before the U.S. Supreme Court, will argue on his behalf. Judith Vale, New
York's deputy solicitor general, will argue on behalf of James' office.
Ruling after a 2-month trial, Engoron found that Trump had padded his net
worth by several billion dollars on annual financial statements by overvaluing
assets including his golf courses and hotels, Mar-a-Lago estate in Florida and
Trump Tower penthouse in Manhattan.
Trump and his co-defendants are also challenging Engoron's decision to rule,
even before testimony had begun, that the state had proven that Trump had
fraudulently inflated his financial statements. The judge ordered Trump and the
other defendants to pay $363.9 million in penalties -- a sum that has now grown
with interest to more than $489 million.
Trump posted a $175 million bond in April to halt collection of the judgment
and prevent the state from seizing his assets while he appeals. The bond
guarantees payment if the judgment is upheld. If Trump wins he'll get the money
back.
The Appellate Division typically rules about a month after arguments,
meaning a decision could come before Election Day. The court could either
uphold the verdict, reduce or modify the penalty or overturn Engoron's verdict
entirely.
If either side doesn't like the outcome, it can ask the state's highest
court, the Court of Appeals, to consider taking the case. Trump has vowed to
fight the verdict "all the way up to the U.S. Supreme Court if necessary."
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