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

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

#326

Post by W. Kevin Vicklund »

chancery wrote: Tue Sep 26, 2023 5:01 pm 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.
I'm going to go further and state that a stay pending appeal is the right and proper action to take. Although I could see something put into place to prevent the transfer of assets during appeal.
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State of New York vs Trump, et al - the civil fraud case against the Trump Organization

#327

Post by raison de arizona »

W. Kevin Vicklund wrote: Tue Sep 26, 2023 5:44 pm
chancery wrote: Tue Sep 26, 2023 5:01 pm 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.
I'm going to go further and state that a stay pending appeal is the right and proper action to take. Although I could see something put into place to prevent the transfer of assets during appeal.
That may be covered.
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W. Kevin Vicklund
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State of New York vs Trump, et al - the civil fraud case against the Trump Organization

#328

Post by W. Kevin Vicklund »

I was just coming back to point that out. Good catch!
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State of New York vs Trump, et al - the civil fraud case against the Trump Organization

#329

Post by bob »

W. Kevin Vicklund wrote: Tue Sep 26, 2023 5:44 pmI'm going to go further and state that a stay pending appeal is the right and proper action to take. Although I could see something put into place to prevent the transfer of assets during appeal.
I haven't been following this case closely, but the court granted partial summary judgment on the first cause of action "in part."

Summary judgment means there's no need for a trial, at least for the subject matter covered by the ruling. And I don't know what remains after this ruling. (My WAG is damages/fine computation.)

I would assume the normal course of action would have been to grant the motion but defer on the details of the judgment until after the trial is over. That way, the defendant could move for a stay (or a stay pending appeal) from the final judgment, and not an interlocutory order.

So this suggests the judge is tired of this case's nonsense; they FA'd, so now they FO.
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State of New York vs Trump, et al - the civil fraud case against the Trump Organization

#330

Post by John Thomas8 »

I'll be dead before this case is adjudicated, just another instance of no justice available.
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State of New York vs Trump, et al - the civil fraud case against the Trump Organization

#331

Post by chancery »

bob wrote: Tue Sep 26, 2023 5:55 pm
So this suggests the judge is tired of this case's nonsense; they FA'd, so now they FO.
That's repeatedly made clear in the decision. It makes entertaining reading, but I would have preferred the judge to have dialed back his indignation somewhat.
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State of New York vs Trump, et al - the civil fraud case against the Trump Organization

#332

Post by Suranis »

Why? Its long past time people stopped pretending to be civilized in the face of this Gibbering Dingbat. The only way to shut down this coward is to actually shout in his face. His deepest fear is that people see through his shit, it's long past time to show him you are seeing through his shit.

To deserve respect, you have to be respect-able.
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State of New York vs Trump, et al - the civil fraud case against the Trump Organization

#335

Post by Flatpoint High »

Dr. Ken wrote: Tue Sep 26, 2023 6:25 pm
and, here he thought he'd make bank: https://sports.yahoo.com/liv-golfs-2024 ... 38360.html
A preliminary version of the 2024 LIV Golf schedule shows some stark changes from the upstart league's first two years, including a lack of Trump-owned golf courses and a series of dates that go head-to-head with established PGA Tour events.

The preliminary schedule, first obtained by Sports Illustrated, shows 14 tournaments, the same as this year. However, no properties owned by former president Donald Trump are on the schedule. Trump-owned properties hosted two events last year and two so far this year, with the team championship slated for next month at Trump's Doral property in South Florida.
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State of New York vs Trump, et al - the civil fraud case against the Trump Organization

#336

Post by Sam the Centipede »

chancery wrote: Tue Sep 26, 2023 5:01 pm 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 :snippity:
Me no lawya boss – but wasn't the judge's order more about the companies losing their certifications to do business in NY rather than winding up and unincorporating? Maybe both, I didn't read it all.

But even this non-law-guy is confident that there will be a stray and much delay. Chug chug whirr whirr, the grinder is starting.
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State of New York vs Trump, et al - the civil fraud case against the Trump Organization

#337

Post by noblepa »

Suranis wrote: Tue Sep 26, 2023 6:18 pm Why? Its long past time people stopped pretending to be civilized in the face of this Gibbering Dingbat. The only way to shut down this coward is to actually shout in his face. His deepest fear is that people see through his shit, it's long past time to show him you are seeing through his shit.

To deserve respect, you have to be respect-able.
Respect is similar to loyalty, in the sense that, in order to receive either one, you must give it in return.

TFG gives neither respect or loyalty to anyone except TFG.
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State of New York vs Trump, et al - the civil fraud case against the Trump Organization

#338

Post by noblepa »

Sam the Centipede wrote: Tue Sep 26, 2023 7:10 pm
chancery wrote: Tue Sep 26, 2023 5:01 pm 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 :snippity:
Me no lawya boss – but wasn't the judge's order more about the companies losing their certifications to do business in NY rather than winding up and unincorporating? Maybe both, I didn't read it all.

But even this non-law-guy is confident that there will be a stray and much delay. Chug chug whirr whirr, the grinder is starting.
IANAL either. When I first read that, I thought that he was ordering the dissolution of the companies. Upon re-reading it, however, it simply says "certificates filed under GPL 130". Are there any New York lawyers here who can tell us what that statute is? Is that the statute that defines the process of incorporating in NY? If so, then, yes, the ruling seems to call for the complete dissolution of TFG's NY companies.

Later in the ruling, it mentions finding a suitable receiver to handle the disposition of the assets. This seems to support the idea that the judge did, indeed, call for dissolution.
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State of New York vs Trump, et al - the civil fraud case against the Trump Organization

#339

Post by W. Kevin Vicklund »

Da Judge calling out Trump on his bullshit:
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State of New York vs Trump, et al - the civil fraud case against the Trump Organization

#340

Post by jez »

noblepa wrote: Tue Sep 26, 2023 7:23 pm
Sam the Centipede wrote: Tue Sep 26, 2023 7:10 pm
chancery wrote: Tue Sep 26, 2023 5:01 pm 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 :snippity:
Me no lawya boss – but wasn't the judge's order more about the companies losing their certifications to do business in NY rather than winding up and unincorporating? Maybe both, I didn't read it all.

But even this non-law-guy is confident that there will be a stray and much delay. Chug chug whirr whirr, the grinder is starting.
IANAL either. When I first read that, I thought that he was ordering the dissolution of the companies. Upon re-reading it, however, it simply says "certificates filed under GPL 130". Are there any New York lawyers here who can tell us what that statute is? Is that the statute that defines the process of incorporating in NY? If so, then, yes, the ruling seems to call for the complete dissolution of TFG's NY companies.

Later in the ruling, it mentions finding a suitable receiver to handle the disposition of the assets. This seems to support the idea that the judge did, indeed, call for dissolution.
Well, here's a link to the law in question: https://codes.findlaw.com/ny/general-bu ... -sect-130/
Edit: A quick read through, it looks like it's how to get your certificates to do business, either individually, as an LLC, Corp, etc. So, it's how he filed his business license, I guess?
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State of New York vs Trump, et al - the civil fraud case against the Trump Organization

#341

Post by W. Kevin Vicklund »

Perhaps an "A Few Good Men" reference?
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State of New York vs Trump, et al - the civil fraud case against the Trump Organization

#342

Post by Uninformed »

“Trump liable for fraud, judge finds in New York civil case”:
https://www.bbc.co.uk/news/world-us-canada-66931855

“As part of Tuesday's decision, the Trump Organization was ordered to cancel its New York business licenses and, within 10 days, recommend independent monitors who could oversee that process.
That is a legal loss for the New York native, who now lives in Florida.
The judge's ruling will not dissolve his company but could end his control over signature New York properties like the Trump Tower and the Trump Building at 40 Wall Street.”
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State of New York vs Trump, et al - the civil fraud case against the Trump Organization

#343

Post by Maybenaut »

"Hey! We left this England place because it was bogus, and if we don't get some cool rules ourselves, pronto, we'll just be bogus too!" -- Thomas Jefferson
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State of New York vs Trump, et al - the civil fraud case against the Trump Organization

#344

Post by Greatgrey »

Maybenaut wrote: Tue Sep 26, 2023 8:17 pm Here’s the ruling:

https://www.courthousenews.com/wp-conte ... upreme.pdf
Apparently I’m no longer even someone upthread.
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State of New York vs Trump, et al - the civil fraud case against the Trump Organization

#346

Post by chancery »

From Trump's statement in response to the summary judgment decision.
Today's action is a refutation of my status as the leading Candidate for President ....
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State of New York vs Trump, et al - the civil fraud case against the Trump Organization

#347

Post by raison de arizona »

Greatgrey wrote: Tue Sep 26, 2023 8:33 pm
Maybenaut wrote: Tue Sep 26, 2023 8:17 pm Here’s the ruling:

https://www.courthousenews.com/wp-conte ... upreme.pdf
Apparently I’m no longer even someone upthread.
I didn't say it, but I THOUGHT it!

The more the merrier, thank you both!
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State of New York vs Trump, et al - the civil fraud case against the Trump Organization

#348

Post by raison de arizona »

xpost
raison de arizona wrote: Tue Sep 26, 2023 8:25 pm tfg statement on ruling
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State of New York vs Trump, et al - the civil fraud case against the Trump Organization

#349

Post by raison de arizona »

Dr. Ken wrote: Tue Sep 26, 2023 6:25 pm
The best part of that one, Dr. Ken, turns out to be the footnote!
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State of New York vs Trump, et al - the civil fraud case against the Trump Organization

#350

Post by raison de arizona »

Love this one, it sums up Trumpism. Who are you going to believe, me or your lying eyes?
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