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

[raison de arizona]

Here's tfg's request to stay the trial: https://s3.documentcloud.org/documents/ ... -trial.pdf
Haven't come across the actual lolsuit.

Law & Crime reports that it is in fact Article 78: https://lawandcrime.com/high-profile/de ... out-merit/

The lawsuit was not immediately made public, but two people with knowledge of the matter said that it accused the judge of ignoring an earlier appeals court decision that Mr. Trump’s lawyers believe should significantly limit the case against him. And on Thursday, the appeals court provisionally paused the trial so it can consider Mr. Trump’s action against the judge.

https://nytimes.com/2023/09/14/nyregion ... wsuit.html

[chancery]

On reflection the Article 78 maneuver isn't necessarily crazy, and certainly not Klayman Krazy.* The New York State court system has unusually robust procedures for ongoing supervision of and intervention into trial courts by the Appellate Division, notably the CPLR's provision for nearly unlimited interlocutory appeals. So this is the kind of thing that one might do when aggressively defending a big case.

However, on the merits of the statute of limitations issue, Trump's attorneys appear to be in Cloud Cuckoo Land. The wrongful conduct alleged is the ongoing submission of false certifications of financial condition, which lenders use to decide whether or not to exercise rights, e.g., foreclosure, under active loan agreements.

The fact that the date of the closing of the outstanding loan is outside the limitations period has no more relevance to the wrongfulness of Trump's ongoing parade of lies than would the color of the file folder containing the original loan documents.

_______
* Klayman Krazy is a registered clown shoe mark.

[raison de arizona]

Judge hears arguments over scope of trial in New York's civil suit against Trump
The former president's lawyers want the state Supreme Court to dismiss the fraud lawsuit against the Trump family brought by New York Attorney General Letitia James.

The pretrial hearing began just after 10 a.m. ET, with New York Supreme Court Judge Arthur Engoron outlining that he will be reviewing motions for summary judgment from both sides. Trump's lawyers have asked for all 7 causes of action in the New York attorney general's complaint to be dismissed, and James claims that the defendants have made frivolous arguments, Engoron said.

Trump's lawyers contended that James has "no valid authority" to sue, that the lawsuit was filed outside the statute of limitations and that her office has “failed to demonstrate any even theoretical harm to anyone, public or private.”

James' office has asked the court to find the Trumps and their family business, the Trump Organization, liable for fraud even before the trial is set to begin Oct. 2. "The undisputed evidence establishes that Defendants employed a variety of deceptive schemes to grossly inflated values for many of Mr. Trump’s assets," her office wrote in a filing.

James' office previously said there's an "overwhelming amount of evidence establishing beyond dispute" that Trump and his older sons engaged in "repeated and persistent fraudulent use of the false and misleading [Statements of Financial Condition] in connection with business transactions with banks and insurers." Therefore, the state asks that the court find Trump liable for fraud.

The inflation of assets committed by the Trump Organization is “staggering," the lawyer for the attorney general’s office said during the hearing.

Kise, meanwhile, argued that "valuations are highly subjective," for example, "I may think my house is worth 5 million and you may think it's worth 5 cents.” James is "prosecuting the defendants for engaging in successful business transactions," he added.

https://www.nbcnews.com/politics/donald ... rcna116854

[Kendra]

Nicolle Wallace is doing a deep dive on today's hearing, she's got the NYT reporter who did the in depth article on Fred Trump and the taxes stuff a few years ago. She was in the courtroom today.

[much ado]

Nicolle Wallace is doing a deep dive on today's hearing, she's got the NYT reporter who did the in depth article on Fred Trump and the taxes stuff a few years ago. She was in the courtroom today.

[Kendra]

Thanks for getting the video

[Slim Cognito]

The reporter makes me think, what if Murphy Brown was based on a real person?

[NewMexGirl]

Thanks for getting the video

Thanks from me as well. A really good video.

[p0rtia]

Lord I would kill for that transcript. Having to wait drives me nuts.

[Reality Check]

This motion filed by Trump's attorneys is completely frivolous and is begging for sanctions.

[RTH10260]

Motions to Dismiss

Michael Popok comments

[Dr. Ken]

https://apnews.com/article/donald-trump ... ba5da74249

Judge Arthur Engoron, ruling Tuesday in a civil lawsuit brought by New York’s attorney general, found that the former president and his company deceived banks, insurers and others by massively overvaluing his assets and exaggerating his net worth on paperwork used in making deals and securing financing.

The decision, days before the start of a non-jury trial in Attorney General Letitia James’ lawsuit, is the strongest repudiation yet of Trump’s carefully coiffed image as a wealthy and shrewd real estate mogul turned political powerhouse.

Beyond mere bragging about his riches, Trump, his company and key executives repeatedly lied about them on his annual financial statements, reaping rewards such as favorable loan terms and lower insurance premiums, Engoron found.

[Volkonski]

[Dr. Ken]

[raison de arizona]

Woot!

Engoron’s ruling, in a phase of the case known as summary judgment, resolves the key claim in James’ lawsuit, but six others remain.

And sanctions!

And dissolution!

[Volkonski]

[Slim Cognito]

Won't someone think of the ketchup bottles!!!!!

[raison de arizona]

I can hardly wait for the Truth-splosion!

[Greatgrey]

For Rikker

https://www.documentcloud.org/documents ... er_on_1531




.

[chancery]

What surprises me is that the judge has ordered the instant cancellation of the certificates of incorporation before there's been a determination of what procedure to follow for winding up the Trump companies -- or indeed, whether an appeals court has passed on whether the drastic step of corporate cancellation rather than a lesser penalty is appropriate. Both the finding of liability and the decision as to remedy will receive a good deal of attention from the Appellate Division, and likely also from the Court of Appeals.

I think I'm on safe ground in predicting that at least re remedy portion of the order will be stayed pending appeal by the Appellate Division.

[Suranis]

Sorry Cant Find Trump tower so cant hand it over.

Spirit.jpg (127.96 KiB) Viewed 929 times

[AndyinPA]

[raison de arizona]

Excerpt of Letitia James saying that the penalties are NOT too harsh, and they are commiserate with the penalties from other similar cases.

[NewMexGirl]

What surprises me is that the judge has ordered the instant cancellation of the certificates of incorporation before there's been a determination of what procedure to follow for winding up the Trump companies -- or indeed, whether an appeals court has passed on whether the drastic step of corporate cancellation rather than a lesser penalty is appropriate. Both the finding of liability and the decision as to remedy will receive a good deal of attention from the Appellate Division, and likely also from the Court of Appeals.

I think I'm on safe ground in predicting that at least re remedy portion of the order will be stayed pending appeal by the Appellate Division.

Thanks, as ever, for your analysis and legal info.

I’ma celebrate anyway, despite the probable appeal(s). Carpe diem.

[Uninformed]