A New York appeals court has scheduled oral arguments for September 26 to hear Donald Trump's appeal of the $454 million civil fraud judgment against him.
As reported by CNN, this timeline suggests that a decision from the appeals court is unlikely to be reached before Election Day. The former president is contesting Judge Arthur Engoron's ruling, which found him liable for fraud and ordered him to pay $354 million plus interest, bringing the total to over $454 million.
Trump's legal team has filed an appeal, arguing that the judgment should be thrown out on various grounds, including claims that no one was harmed and that the case should not have been brought due to its age.
Trump's attorneys have presented several arguments in their appeal. They contend that the judgment is unconstitutional and that the conduct in question is too old to be prosecuted. Additionally, they assert that no parties were harmed by the alleged fraudulent activities.
In April, Trump posted a $175 million bond after the appeals court reduced the initial bond amount. This action effectively paused any potential moves by New York Attorney General Letitia James' office to seize properties or bank accounts related to the case.
The New York Attorney General's office has responded to Trump's appeal with a court filing, urging the state appeals court to uphold Justice Engoron's verdict. They argue that there is "overwhelming evidence" of Trump knowingly committing fraud by inflating the value of his properties on financial statements to secure loans.
The Attorney General's office strongly defended the original ruling in their court filing. They emphasized the substantial evidence supporting the fraud allegations and criticized Trump's legal team for avoiding discussion of the specific deceptive practices used to inflate asset values.
The Attorney General's office stated:
This Court should affirm. Supreme Court's liability determinations are supported by overwhelming evidence that, in each Statement, defendants used a variety of deceptive strategies to vastly misrepresent the values of Mr. Trump's assets.
They further argued that Trump's lawyers primarily focused on legal arguments about the elements of the law rather than addressing the substance of the fraud allegations.
To illustrate their point, the Attorney General's office highlighted the valuation of Trump's Florida residence, Mar-A-Lago, as an example of inflated property values. They claimed that valuing the property as an unrestricted private residence rather than a social club inflated its value by approximately $300 to $700 million, depending on the year.
The state lawyers also defended the judgment amount, stating that it reasonably approximated the ill-gotten gains received by Trump and his associates as a result of the alleged fraud. They argued that extensive trial evidence, including expert testimony, supported the $363.8 million figure.
Trump's legal team has countered these claims by arguing that most of the judgment should be dismissed because it relates to loans outside the statute of limitations. They also contend that the judge double-counted by including profits from property sales in addition to interest rate savings.
In conclusion, the upcoming oral arguments on September 26 represent a critical juncture in Donald Trump's appeal of the $454 million civil fraud judgment. The New York Attorney General's office maintains that there is substantial evidence to support the original verdict, while Trump's legal team argues for the dismissal of the case on various grounds. With the hearing scheduled for next month, it appears unlikely that a decision will be reached before Election Day, potentially extending the legal battle into the heart of the presidential campaign season.
