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A New York judge ruled on Tuesday that Donald J. Trump persistently committed fraud by inflating the value of his assets, and stripped the former president of control over some of his signature New York properties.
The decision by Justice Arthur F. Engoron is a major victory for Attorney General Letitia James in her lawsuit against Mr. Trump, effectively deciding that no trial was needed to determine that he had fraudulently secured favorable terms on loans and insurance deals.
Ms. James has argued that Mr. Trump inflated the value of his properties by as much as $2.2 billion and is seeking a penalty of about $250 million in a trial scheduled to begin as early as Monday.
Justice Engoron wrote that the documents in the case “clearly contain fraudulent valuations that defendants used in business.”
While the trial will determine the size of the penalty, Justice Engoron’s ruling granted one of the biggest punishments Ms. James sought: the cancellation of business certificates that allow some of Mr. Trump’s New York properties to operate, a move that could have major repercussions for the Trump family business.
The decision will not dissolve Mr. Trump’s entire company, but it sought to terminate his control over a flagship commercial property at 40 Wall Street in Lower Manhattan and a family estate in Westchester County. Mr. Trump might also lose control over his other New York properties, including Trump Tower in Midtown Manhattan, though that will likely be fought over in coming months.
Justice Engoron’s decision narrows the issues that will be heard at trial, deciding that the core of Ms. James’s case was valid. It represents a major blow to Mr. Trump, whose lawyers had sought to persuade the judge to throw out many claims against the former president.
In his order, Justice Engoron wrote scathingly about Mr. Trump’s defenses, saying that the former president and the other defendants, including his two adult sons and his company, ignored reality when it suited their business needs. “In defendants’ world,” he wrote, “rent-regulated apartments are worth the same as unregulated apartments; restricted land is worth the same as unrestricted land; restrictions can evaporate into thin air.”
“That is a fantasy world, not the real world,” he added.
The judge also levied sanctions on Mr. Trump’s lawyers for making arguments that he previously rejected. He ordered each to pay $7,500, noting that he had previously warned them that the arguments in question bordered on being frivolous.
Repeating them was “indefensible,” Justice Engoron wrote.
Mr. Trump still has an opportunity to delay the trial, or even gut the case. Mr. Trump has sued Justice Engoron himself, and an appeals court is expected to rule this week on his lawsuit. But if the appeals court rules against him, Mr. Trump will have to fight the remainder of the case at trial.
Ms. James started investigating Mr. Trump in March 2019 and filed a lawsuit against him last September, accusing him of “staggering” fraud in representing the value of his apartment buildings, hotels and golf clubs, among other assets. Her filings have accused Mr. Trump of using simple, duplicitous tricks to multiply the value of his signature properties, from Trump Tower to Mar-a-Lago.
Mr. Trump’s lawyers had asked Justice Engoron for a so-called summary judgment — a ruling that they were entitled to a victory before trial based on undisputed facts — seeking to toss out many claims against him. They relied heavily on an appeals court ruling from June that raised the notion that some claims against Mr. Trump might be too old to proceed to trial.
Justice Engoron denied Mr. Trump’s request, interpreting the appeals court ruling the opposite way that they had argued, while granting Ms. James’s similar bid for partial summary judgment.
Mr. Trump has denied all wrongdoing and has accused Ms. James, a Democrat, of political persecution. His lawyers have noted that the banks that lent Mr. Trump money were hardly victims: they turned profits. They also argued that valuing property can be subjective, more art than a strict science.
But Justice Engoron, with whom Mr. Trump’s lawyers have tangled at every turn, mocked those arguments.
“The documents do not say what they say; that there is no such thing as ‘objective’ value,” the judge wrote, summarizing his take on their arguments, and adding, “Essentially, the court should not believe its own eyes.”
In a footnote, he added a quote from the movie “Duck Soup” uttered by Chico Marx: “Well, who ya gonna believe, me or your own eyes?”
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