A ruling by a New York judge that President Donald Trump must pay $355 million to the state for fraud, "without any actual fraud," is being challenged, according to a report from Newsweek.
Months ago, Judge Arthur Engoron had decided, before the case began in his court, that Trump and his companies committed fraud in the way they valued properties.
The state's odd law there allows a case to be brought even though no loans were unpaid and the banks and insurance companies themselves were anxious to do more business with Trump.
It was Letitia James, the state attorney general, who campaigned on the mantra of "getting" Trump who brought the case.
Then last week, after months of claims from James, and multiple refusals to allow Trump to speak in court, Engoron said the company and owners would be fined $355 million, a figure larger than some nations' budgets.
"The case raises serious legal and constitutional questions regarding 'fraud' claims/findings without any actual fraud," explained Chris Kise, Trump's principal lawyer in the case.
Asked by Newsweek about an appeal, Kise said, that it actually "will depend on many factors so it's hard to say at the moment, but in any event, it will fall within the 30-day clock" that is allowed by the court.
Kise explained that James and Engoron were both targeting Trump and trying to run him out of New York.
What yet remains unclear is how other corporations will react to the coordinated attack on Trump and his enterprises, which have provided a multitude of jobs in New York, capital expenditures, and development.
James, after promising voters she would focus on getting Trump, brought a legal action against Trump and his two adult sons, Donald Jr. and Eric, the Trump Organization and some executives.
Engoron then decided Trump inflated his assets, even though experts testified the judge was wrong. In one amazing stunt, Engoron claimed that Trump's Mar-a-Lago home in Florida was worth less than $20 million, when real estate experts cited its value closer to $500 million.
Trump repeatedly has said that the attack was just another political vendetta against him, and that's not without evidence given James' campaigning for office by attacking him.
The report explained an appeal hinges on the definition of fraud in the case.
"Professor Greg Germain of Syracuse University of Law told Newsweek that on appeal, Trump will have to show that the New York attorney general does not have the power to punish him 'without showing the traditional elements of fraud: (1) scienter—basically intent to defraud, (2) false statements of fact rather than opinion or trade puffing, (3) reasonable reliance by the victims, (4) materiality, (5) causation, and (6) damages,'" the report said.
He said, "I think he has a strong argument that when the attorney general seeks to punish for past use, rather than prevent future use, she would have to show all of the traditional elements of fraud."
As she was unable, during the trial, to show any victims, that task might be insurmountable.
The report said James will claim she is exempt from meeting those proof requirements.
Germain said, "The evidence of reasonable reliance [on Trump's financial statements] by the 'victims' is very weak' and may be grounds of appeal."
WND SPECIAL REPORT – "IT'S TRUMP VS. SWAMP PSYCHOPATHS": From the Biden administration's enthusiastic support for amputating body parts of troubled children, to its obsession with bringing as many millions of illegal aliens, terrorists and Chinese soldiers as possible into America, it is increasingly clear that many of this nation's current leaders are, to put it plainly, stark raving mad.
Indeed, psychiatric experts are finally documenting how the symptom profiles of scary conditions like "Borderline Personality Disorder" and "Narcissistic Personality Disorder" PERFECTLY MATCH today's top leaders.
One groundbreaking peer-reviewed study published in 2023 documents how left-wing extremism is closely associated with "psychopathic tendencies." Likewise, retired psychiatrist Brad Lyles, M.D., explains how "one way of understanding the increasingly outlandish beliefs and behaviors of the left is through the lens of Borderline Personality Disorder." And one of America's top forensic psychiatrists, Lyle Rossiter, M.D., described Barack Obama's mental state as "Malignant Narcissistic Personality Disorder."
Consider a typical description of sociopathy: "Sociopaths are often well-liked because of their charm and high charisma, but they do not usually care about other people. They think mainly of themselves and often blame others for the things that they do. They have a complete disregard for rules and lie constantly. They seldom feel guilt or learn from punishments." Remind you of anyone?
From Joe Biden and Kamala Harris to their presidential Cabinet – including Attorney General Merrick Garland, Transportation Secretary Pete Buttigieg, Treasury Secretary Janet Yellen, Homeland Security Secretary Alejandro Mayorkas and Health and Human Services Secretary Xavier Becerra – all of these people "have a complete disregard for rules and lie constantly."
But it's not just Democrat leaders. Multiple surveys now show how rank-and-file Democrats are TWICE as likely to be diagnosed with a mental disorder as Republicans – from depression to bipolar disorder to schizophrenia to narcissistic personality disorder. All this and much more is stunningly laid out in the March edition of WND's critically acclaimed Whistleblower magazine, "IT'S TRUMP VS. SWAMP PSYCHOPATHS." Don't miss it – you will see the whole political-cultural-spiritual war raging in the U.S.A. in a whole new light.
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via wnd