Um, who exactly was the defrauded party? The State? That’s interesting especially since the Judge made the ruling before the trial started. Don’t make a joke of yourself defending the State of NY.Quote:
Originally Posted by STL_XUfan
Printable View
Um, who exactly was the defrauded party? The State? That’s interesting especially since the Judge made the ruling before the trial started. Don’t make a joke of yourself defending the State of NY.Quote:
Originally Posted by STL_XUfan
Keep in mind this was a civil case without a jury; there was enough evidence from the filings that Trump was liable for fraud. The only question was for how much he would have to pay back in engorgement (i.e. ill-gotten gains through said fraud).
Then again, Trump probably saw the writing on the wall, said Damn the Torpedoes and has pretty much used his trials as de facto campaign rallies for free publicity.
At least he’s “mentally competent” enough to stand trial…Quote:
Originally Posted by xuphan
Again, who was the injured party claiming fraud? This is a Civil case without a civil complaint.Quote:
Originally Posted by X-band '01
I don’t know what is so confusing about the court ruling on a motion for summary judgment, especially considering your expertise on the law. But in laymen’s terms, the evidence, even when giving every reasonable inference to the non-moving party, was so clear that was no question that the moving party proved their case. This is a pretty standard motion in civil cases.Quote:
Originally Posted by Strange Brew
As far as who he defrauded, it was alleged that it was the banks and insurance companies he did business with.
If Trump doesn’t like New York law, he is in luck, he won’t be allowed to run a business there for 3 years.
Yeah, no shit on summary judgement.Quote:
Originally Posted by STL_XUfan
And that’s bullshit and you know it. The banks and insurance companies didn’t file a complaint. Therefore, no fraud.
Tell me. To whom will Trump be paying the damages since there wasn’t a plaintiff?
What it sounds like to me is the State of NY wanted to invent a crime and found a pop Tort.
“Whenever any person shall engage in repeated fraudulent or illegalQuote:
Originally Posted by Strange Brew
acts or otherwise demonstrate persistent fraud or illegality in the
carrying on, conducting or transaction of business, the attorney general
may apply, in the name of the people of the state of New York, to the
supreme court of the state of New York, on notice of five days, for an
order enjoining the continuance of such business activity or of any
fraudulent or illegal acts, directing restitution and damages and, in an
appropriate case, cancelling any certificate filed under and by virtue
of the provisions of section four hundred forty of the former penal law
or section one hundred thirty of the general business law, and the court
may award the relief applied for or so much thereof as it may deem
proper. The word "fraud" or "fraudulent" as used herein shall include
any device, scheme or artifice to defraud and any deception,
misrepresentation, concealment, suppression, false pretense, false
promise or unconscionable contractual provisions. The term "persistent
fraud" or "illegality" as used herein shall include continuance or
carrying on of any fraudulent or illegal act or conduct. The term
"repeated" as used herein shall include repetition of any separate and
distinct fraudulent or illegal act, or conduct which affects more than
one person. Notwithstanding any law to the contrary, all monies
recovered or obtained under this subdivision by a state agency or state
official or employee acting in their official capacity shall be subject
to subdivision eleven of section four of the state finance law.”
https://www.nysenate.gov/legislation/laws/EXC/63
Has anyone else ever been prosecuted under that law in the State of NY? I’m not sure, but I don’t think so. If they want to show this to be anything but a political hit job, they need to go after more people under the same law. I’m 100% sure there are other NY real estate developers who’ve grossly misrepresented the value of their properties.
Sent from my iPhone using Tapatalk
Thanks. So if it were illegal why not a criminal trial. Oh wait, because no actual law was broken.Quote:
Originally Posted by STL_XUfan
Unless, the AG gets to invent crimes at his/her/their discretion.
You are correct that no criminal charges were brought. However, the company and Trump were found liable for in excess of $350 million dollars for their actions in violation of New York law, so I don’t think avoiding a criminal complaint was much of a win here.Quote:
Originally Posted by Strange Brew