Donald Trump's fraud ruling could be overturned, appeals court says

Some New York Court of Appeals judges have indicated they may overturn Donald Trump's $489 million fraud judgment.

During oral arguments Thursday, a judge called the case “troubling” and questioned whether it was an example of “mission drift.”

At the original trial, Judge Arthur Engoron found Trump, his adult sons Donald Jr. and Eric, and the Trump Organization liable for a scheme in which the value of Trump's net worth and assets were illegally inflated to obtain more favorable trade agreements.

Donald Trump speaks at a campaign rally September 24, 2024 in Savannah, Georgia. Trump is currently appealing his $489 million fraud judgment in New York. Donald Trump speaks at a campaign rally September 24, 2024 in Savannah, Georgia. Trump is currently appealing his $489 million fraud judgment in New York. Brandon Bell/Getty Images

Trump was ordered to pay a whopping $464 million fine and was banned from the New York real estate business for three years. That figure now stands at $489 million with interest.

Donald Trump Jr. and Eric Trump were each ordered to pay more than $4 million and were banned from doing business in New York for two years.

Newsweek requested comment via email from Donald Trump's lawyer on Friday.

Trump, the Republican presidential candidate, has maintained his innocence. His lawyers are now before the New York Court of Appeals, seeking to overturn the ruling.

On Thursday, the five-judge appeals court questioned Judith Vale, New York's deputy attorney general, about the lack of victims in the case and the huge fine Trump had to pay.

“The immense sanction in this case is troubling,” Judge Peter Moulton told Vale. “How do you relate the amount that was assessed by the Supreme Court to the harm that was caused here, where the parties left these happy transactions?”

Vale responded that while it was a significant fine, “it is a high amount for several reasons. First, because there has been a lot of fraud and illegality.”

“It’s a huge profit that they got from this conduct,” Vale added.

Moulton said there was “the issue of mission drift.”

According to the Merriam Webster Dictionary, mission creep is a term used to describe “the gradual expansion of the original goals of a mission or organization.”

“There has to be some limitation on what the attorney general can do in interfering in these private transactions… where people are not claiming to have been harmed. So what is the limiting principle?” asked Moulton.

Vale responded that the transactions must be “connected and relevant to the business in question, and must have an ability or tendency to deceive.”

“When you have hidden risks,” Vale said, “it hurts the market and honest market participants.”

Judge Llinet Rosado asked how the New York attorney general calculated restitution, which is the amount Trump must repay.

Vale said it was calculated based on the actual interest Trump would have had to pay on the bank loans if he had been honest in his loan requests.

On August 22, New York Attorney General Letitita James filed her counterargument to Donald Trump's appeal.

James and five of his lawyers wrote that the New York Supreme Court trial judge was completely convinced that Trump and his organization committed fraud.

“After an eleven-week trial, the Supreme Court made findings of fact and credibility and concluded that defendants also engaged in criminal and illegal conduct,” they wrote.

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