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Published: March 25, 2024
The New York Court of Appeals on Monday approved blocking the collection of more than $454 million from former President Donald Trump for the civil fraud ruling – if he posts $175 million within 10 days.
If he does so, the countdown on the collection will stop and will prevent the state from seizing the presumed Republican presidential candidate's assets during his appeal.
The Court of Appeals also reversed other aspects of the trial judge's decision that barred Trump and his sons Eric Trump and Donald Trump Jr., the family company's vice president, from serving in company leadership for several years.
The order is a major victory for the former president as he defends the real estate empire he built over his lifetime, and the development came before New York Attorney General Letitia James, a Democrat, began efforts to enforce the ruling and collect the amount.
Trump, who was attending a separate hearing in his New York criminal money case, praised the ruling and said, during a talk in the courthouse hallway, that he would issue bonds or securities or cash to cover the $175 million amount in the civil case. Trump also reconsidered his frequent complaints about the civil trial judge Arthur Engoron and the penalty he imposed.
Trump, who argues that the fraud case is New York fraud: "What he did is such damage and should never be allowed to happen again."
Meanwhile, James' office pointed out that the ruling remains in place while the collection is suspended, and the office said in a statement, "Donald Trump still faces accountability for his staggering fraud."
Trump's lawyers had defended before the state Court of Appeals to stop the collection, alleging the "impossibility" of finding an insurance company agreeing to draft an agreement to cover such a large amount, which grows daily due to interest. Trump's lawyers had previously proposed $100 million bonds, but the Court of Appeals judge rejected it late last month.
Monday's ruling came from a panel of five judges on the state's intermediate Court of Appeals, called the Appellate Division, where Trump is fighting to overturn Engoron's February 16 decision.
Standing with the Attorney General after a civil trial lasting months, Engoron found that Trump, his company, and senior executives lied about his wealth in financial statements, deceiving bankers and insurance companies dealing with them. The statements estimated Trump's penthouse for years as if it were nearly three times its actual size, for example.
Trump and his defendants denied committing any wrongdoing, saying the statements actually reduced his wealth, with disclaimers and were not taken at face value by the institutions that provided or insured them. He said the penthouse discrepancy was just a mistake made by subordinates.
Engoron ordered Trump to pay $355 million, plus interest. Some co-defendants, including Donald Trump Jr. and Eric Trump, were ordered to pay much smaller amounts. Monday's ruling also depends on those being suspended if the $175 million bonds are issued.
After James won the ruling, she did not seek to enforce it during the legal period in which Trump can ask the Court of Appeals to postpone payment.
That period ended Monday, although James could have allowed Trump more time.
James told ABC News last month that if Trump did not have the money to pay, she would seek to seize his assets. She did not specify the process or the holdings she meant, and her office recently declined to discuss her plans. Meanwhile, she issued a notice of judgment, a technical step toward potential collection.
Trump said on social media Friday that he has nearly $500 million in cash but intends to use much of it in his presidential campaign. He accused James and Engoron, who is also a Democrat, of seeking to "take the money away so I can't use it in the campaign."
If the penalty is ultimately upheld, the Attorney General can pursue Trump's bank accounts and investment accounts. There is also the possibility of going through a legal process to seize properties like the Trump Tower penthouse or a plane or a Wall Street office building or golf courses, then seek to sell them.
But this could be complicated in Trump's case: finding buyers for assets of this size is not something that happens overnight,” said Stuart Stickman, a real estate law professor at Cardozo Law School.
Under New York law, filing an appeal generally does not stop enforcement of the ruling. But there is an automatic stay if the person or entity posts a bond covering what is due.
Joshua Naftalis, a former prosecutor now in private practice, said many defendants can obtain such bonds, but "rulings of this size are rare."
Naftalis said, "What makes this unusual is a person facing a huge sum of money and having to come up with it himself."
Former President's lawyers said underwriters want 120 percent of the judgment and won’t accept properties as collateral. His lawyers said this means tying up more than $557 million in cash, stock assets, and other liquid assets, and Trump's company needs some leftover to operate the business.
They asked the Court of Appeals to freeze the group without issuing bonds. The Attorney General's office objected, saying it had not explored every option to cover the amount.
Naftalis said the Court of Appeals "chose a middle ground" by requiring Trump to put up money but reduced the amount.
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