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Trump's lawyer confirms he is unable to pay bail for a $454 million American civil judgment

Trump's lawyer confirms he is unable to pay bail for a $454 million American civil judgment

By Mounira Magdy

Published: March 19, 2024

Donald Trump's lawyers informed the New York Court of Appeals on Monday that it is impossible for him to post bail covering the full amount of his $454 million civil fraud judgment while appealing.

The former president's lawyers wrote in a lawsuit that "obtaining an appeal bond for the full amount" of the judgment "is not feasible under the presented circumstances." They said they had contacted thirty surety companies through four separate brokers to obtain the bonds.

With interest, Trump owes $456.8 million. Altogether, he and the co-defendants, including his company and senior executives, owe $467.3 million. Trump's lawyers said that to obtain a bond, they would be required to provide collateral worth $557 million.

A state appellate court judge ruled last month that Trump must post a bond covering the full amount to temporarily halt the enforcement of the judgment, which is scheduled to begin on March 25.

Judge Arthur Engoron ruled that Trump, his company, and senior executives, including his sons Eric and Donald Trump Jr., planned for years to deceive banks and insurance companies by inflating his wealth on financial statements used to secure loans and make deals.

Among other penalties, the judge imposed strict restrictions on Trump Organization's ability to conduct business.

Broker: Bond requirements are highly unusual

Trump is asking a full panel of the state intermediate appellate court to stay the judgment during his appeal. His lawyers had previously suggested posting a $100 million bond, but Appellate Judge Anil Singh rejected that. A stay is a legal mechanism to temporarily halt collection during an appeal.

A real estate broker employed by Trump to help obtain a bond wrote in a sworn affidavit submitted to the court that few surety companies would consider issuing a bond of the required size.

The remaining surety companies would not "accept fixed assets such as real estate as security," but would "only accept cash or equivalents such as marketable securities."

"Bonds of this size are rarely seen, if ever. And in the extraordinary circumstances where bonds of this magnitude are issued, they are presented to the largest public companies in the world, not individuals or privately owned companies," said broker Gary Juliette.

Trump appealed the judgment on February 26, just days after the ruling was officially issued. His lawyers asked the lower court’s appellate section to decide whether Engoron "committed legal and/or factual errors" and whether he abused his discretion or "acted outside" his jurisdiction.

Trump was not required to pay the fine or post a bond to appeal, and filing the appeal did not automatically stay the judgment's enforcement.

New York officials can seize assets

New York Attorney General Letitia James, a Democrat, said she would seek to seize some of Trump’s assets if he is unable to pay the judgment.

Trump would get an automatic stay if he posted money, assets, or an appeal bond covering what he owes. He also had the option, which he is exercising now, to ask the appellate court to grant him a stay with a bond for a lower amount.

Trump claims his wealth amounts to several billion dollars, and testified last year that he had about $400 million in cash, in addition to real estate and other investments.

The months-long fraud trial included testimony from Trump's former personal attorney Michael Cohen, who began investigations by testifying before Congress in 2019 that Trump inflated his wealth in financial statements submitted to Deutsche Bank while seeking financing to purchase Buffalo Bills bonds.

This also led to a perjury and guilty plea charge against Trump's former Trump Organization CFO Allen Weisselberg. He is expected to be sentenced to five months in prison at a hearing next month.

In January, a jury ordered Trump to pay $83.3 million to writer E. Jean Carroll for defamation after she accused him in 2019 of sexually assaulting her in a Manhattan department store in the 1990s. Trump recently posted a bond covering this amount during his appeal.

This is in addition to the $5 million awarded to Carroll by a jury in a related trial last year.

Trump also faces dozens of criminal charges in four separate indictments. Although trial dates have been set in three of these cases, none have been rescheduled yet, either due to delays or legal issues that the U.S. Supreme Court will soon consider.

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