State of New York vs Trump, et al - the civil fraud case against the Trump Organization

[keith]

IANAL, but come on.

If this is actual, isnt this yet another bald faced fraud? This time on the court?

I suspect that it is possible that Knight has filed paperwork and it hasn't shown up in the databases yet, but if not shouldn't the principles, Trump, and Trump's lawyers that agreed to got along with this farce be jailed for contempt?

[Foggy]

Trump’s collateral to secure the loans was a combination of cash and investment-grade bonds, according to Don Hankey, the chairman of Knight Insurance.

[chancery]

I suspect that it is possible that Knight has filed paperwork and it hasn't shown up in the databases yet

That's entirely plausible. There could be a twist in an obscure corner of the regulations, or special authorizations that aren't easily available to review, all sorts of things. And it's a little hard to believe that Trump's lawyers would do something so stupid and easy to be caught.

Now, if I were filing this bond, and I knew that the company doesn't show up in the database of licensed sureties, I'd be inclined to include a paragraph, or an exhibit, or both, that demonstrated the basis for the company's authorization to write the bond. But that's mostly (not entirely -- it could head off a tussle) a question of style; what counts is the authorization.

but if not shouldn't the principles, Trump, and Trump's lawyers that agreed to got along with this farce be jailed for contempt?

No.

[bill_g]

Trump can't do anything without machinations.

[Foggy]

I suspect that it is possible that Knight has filed paperwork and it hasn't shown up in the databases yet

That's entirely plausible. There could be a twist in an obscure corner of the regulations, or special authorizations that aren't easily available to review, all sorts of things. And it's a little hard to believe that Trump's lawyers would do something so stupid and easy to be caught.

I was thinking just the opposite - that this is exactly the kind of stupid thing that Trump’s attorneys have been doing for the past few years. A bad mistake based on ignorance and refusal to learn new areas of the law. I'm pretty sure I know exactly how many multi-million dollar court bonds Alina Habba has done in the past.

[raison de arizona]

https://x.com/ReallyAmerican1/status/17 ... 01616?s=20

BREAKING: A Trump supporter has been arrested after targeting Attorney General Letitia James and Justice Arthur Engoron with threats of extreme violence.

"Mark my words I will kill you" he wrote.

26-year-old Tyler Vogel was charged with two counts of making a terroristic threat and two counts of second-degree aggravated harassment, according to The Buffalo News, after sending text messages to James and Engoron.

The would-be attacker referred to himself as "Brian Crandel" and confirmed that he knew where the Attorney General and the Judge lived by sending their addresses to them in his text messages.

"I want to give you Letitia James a very fair warning that you are not to permanently steal Donald Trumps (sic) assets or his property," he wrote, also promising to "go after you with deadly force" with his "whole wall of deadly weapons."

He allegedly added "Mark my words I will kill you if you even dare to permanently steal Donald Trumps assets or his property."

This episode underscores the importance of enforcing gag orders imposed on Trump, as his increasingly unhinged supporters present a clear and present danger to members of the court and witnesses.

Paywall: https://buffalonews.com/news/local/crim ... 8c8aa.html

[pipistrelle]

Mohr on above, although victims not named.

https://www4.erie.gov/da/press/lancaste ... civil-case

[RTH10260]

One must admit he didn't totally go overboard by threatening them to not steal Donnies election

[chancery]

More on the subject of the appeal bond written by Knight Specialty Insurance Company.

A bond (aka undertaking) written by a licensed surety insurance company will be accepted by the court practically as a matter of course. However, when an appellant is unable to obtain a proper surety bond, a court has discretion to accept any assortment of collateral, liens, accommodation party undertakings, and related contractual provisions to provide security. It's not unusual for these to be quite funky when the appellant is a company in financial distress.

Trump didn't file a motion for a discretionary approval of security. However, if it turns out that Knight isn't licensed to write this bond, and if that fact doesn't make the bond void and unenforceable, as opposed to exposing Knight to risk of penalties (I have no idea, might depend on circumstances), Trump will probably say, "oops," here's a motion, please approve the undertaking anyway.

[RTH10260]

Question: must the bond be issued by a company operating / licensed in the state of NY, no other US based company permitted?

[chancery]

Although some aspects of insurance business might, probably do, come under various sorts of federal regulation, insurance companies are regulated by the states. And in general, you can't carry on insurance business in a state if you're not authorized to do so. And writing an appeal bond for an appeal in a New York court seems pretty clearly to involve doing business in New York state.

Recall that Kingman, the twitter user who says he's a surety lawyer, said that Knight could participate in a reinsurance arrangement for the company that wrote the bond, but couldn't write the bond itself.

What the consequences of this are, I dunno. It would be kind of weird for the court to say "never mind." But IANAInsL.

[Resume18]

https://x.com/ReallyAmerican1/status/17 ... 01616?s=20

BREAKING: A Trump supporter has been arrested after targeting Attorney General Letitia James and Justice Arthur Engoron with threats of extreme violence.

"Mark my words I will kill you" he wrote.

26-year-old Tyler Vogel was charged with two counts of making a terroristic threat and two counts of second-degree aggravated harassment, according to The Buffalo News, after sending text messages to James and Engoron.

The would-be attacker referred to himself as "Brian Crandel" and confirmed that he knew where the Attorney General and the Judge lived by sending their addresses to them in his text messages.

"I want to give you Letitia James a very fair warning that you are not to permanently steal Donald Trumps (sic) assets or his property," he wrote, also promising to "go after you with deadly force" with his "whole wall of deadly weapons."

He allegedly added "Mark my words I will kill you if you even dare to permanently steal Donald Trumps assets or his property."

This episode underscores the importance of enforcing gag orders imposed on Trump, as his increasingly unhinged supporters present a clear and present danger to members of the court and witnesses.

Paywall: https://buffalonews.com/news/local/crim ... 8c8aa.html

The stochastic terror rears its ugly head yet again.

[raison de arizona]

Donald Trump on his civil fraud trial: "I won the case because it's called statute of limitations...The appellate division said, 'You won the case. That's it.' And the judge said, 'I don't accept it.' He is called a rogue judge. He's a fake judge."

[AndyinPA]

[Slim Cognito]

WTAF??

[Dave from down under]

Contempt of court

[Tiredretiredlawyer]

One must admit he didn't totally go overboard by threatening them to not steal Donnies election

A most astute observance!

[sad-cafe]

Dear Lord, please don’t let that SOB still be roaming this earth in four years.

Would I be pushing it if I asked the same in four months? Four weeks or four days sound even better to me.

I'm with ya

[raison de arizona]

They claim they are good to go in NY in the filing. FWIW.

NOW THEREFORE, Knight Specialty Insurance Company, meeting the
requirements to transact business and issue this undertaking in the State of New York

https://iapps.courts.state.ny.us/nyscef ... l09aJOjw==

[chancery]

Yeah, I quoted that upthread.

It's hard to believe that the attorneys would file that without some basis for it.

However, it's strange that the company doesn't show up in the database that includes insurance companies or in the general business entity database run by the the NYS Secretary of State.

Possibly there is licensed subsidiary with a different name, but it would be strange not to mention the licensed entity.

[Sam the Centipede]

It's hard to believe that the attorneys would file that without some basis for it.

I thought that sentence could be saying that the company CLAIMS it fulfills the financial, legal, governance, etc. requirements to be a surety so COULD be accredited IF it chose to fill in the relevant forms.

In other words, it gives the impression of claiming the company is accredited as a surety without explicitly making that claim.

Seems odd though, as that sliminess would never fool both court clerks and plaintiff's attorneys, neither inclined to reason "oh, the Trump team claim it so it must be true.".

[Ben-Prime]

It's hard to believe that the attorneys would file that without some basis for it.

I thought that sentence could be saying that the company CLAIMS it fulfills the financial, legal, governance, etc. requirements to be a surety so COULD be accredited IF it chose to fill in the relevant forms.

In other words, it gives the impression of claiming the company is accredited as a surety without explicitly making that claim.

Seems odd though, as that sliminess would never fool both court clerks and plaintiff's attorneys, neither inclined to reason "oh, the Trump team claim it so it must be true.".

The filing must have had a 'worthless clause' so that if the court relied on the attorney's representations, the court would only have itself to blame. Because that's totally the way it works according to TFG, right?

[Foggy]

According to ol' Wifehorn, the news yesterday had no mention of this "not licensed in NY" aspect.

[chancery]

https://twitter.com/DaveKingman8/status ... 8065354028

More from "Dave Kingman, Esq," who is a Mets fan. It's apparently not his real name; there's no "David or Dave Kingman admitted to the bar in New York State.

Dave Kingman, Esq.
@DaveKingman8
Here's the deal with the bond. Don't listen to the WSJ. Their article is wrong. An insurance company has to be qualified to write a bond in NY. CPLR article 25 and Insurance Law article 11.

The AG has to object to the bond (known as "excepting"). The bond lacks the required supporting documents and was written by an unauthorized company. Trump then gets 10 days to move to "justify" the surety.

This surety cannot be justified. They're not authorized. They cannot justify the bond without getting State approval. So this is just a huge time waster for Trump. A huge delay tactic. The AG can't do anything until the Court rejects the bond.

The AG has to file an exception to the bond, however. Otherwise justification won't be required. Let's go
@TishJames

His tweets don't seem to get any engagement from the lawyers and journalists following the Trump prosecutions and civil enforcement actions.

[RTH10260]