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  #11  
Old 09-29-2023, 08:37 AM
Ike Bana Ike Bana is offline
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Originally Posted by finnbow View Post
In a civil trial, it is a two-step process. The first is a finding of fact regarding liability and (if liability is determined) then a separate proceeding to determine appropriate penalties. Engoron's decision was a summary judgment on the first element of the case (the facts) in which he ruled that the facts and evidence supporting Trump's fraudulent behavior are not in dispute and therefore a trial was unnecessary (same thing happened in the Fox News/Dominion case).

The only thing left to decide is the penalty. This last phase of the trial starts Monday in NYC despite Trump's efforts to delay it.
Thanks. So as it has been reported, Trump and his organization have been found to have acted fraudulently in their reporting to banks, insurance companies, etc. Now it's just what it's going to cost them. I'm pretty ignorant of the vagaries of civil law and your two part process helps. And since it's a bench trial there's no jury that can be swayed in either direction, so perhaps Trump will live to regret his "I have a Deranged, Trump Hating Judge" comment...and Engoron will unload both barrels on him.

I am ignorant of the law, but I'm fairly competent concerning the vagaries of mental health. It's so typical of someone who is a raging malignant narcissist to jump ass first into the raging victim role, when the shit hits the fan and he finds it all collapsing around him.

The deranged orange animal is so obviously massively disturbed, emotionally and cognitively disorganized, and it's amazing how so many Americans are willing to overlook it because they think there might be something in it for them.

Last edited by Ike Bana; 09-29-2023 at 08:49 AM.
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  #12  
Old 09-29-2023, 08:43 AM
RickeyM RickeyM is offline
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Originally Posted by Ike Bana View Post
Thanks. So as it has been reported, Trump and his organization have been found to have acted fraudulently in their reporting to banks, insurance companies, etc. Now it's just what it's going to cost them. I'm pretty ignorant of the vagaries of civil law and your two part process helps. And since it's a bench trial there's no jury that can be swayed in either direction, so perhaps Trump will live to regret his "I have a Deranged, Trump Hating Judge" comment...and Engoron will unload both barrels on him.

I am ignorant of the law, but I'm fairly competent concerning the vagaries of mental health. It's so typical of someone who is a raging malignant narcissist to jump ass first into the raging victim role, when the shit hits the fan and he finds it all collapsing around him.
I guarantee his appeal will be based on him having a so-called " Deranged, Trump Hating Judge".
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  #13  
Old 09-29-2023, 08:55 AM
Ike Bana Ike Bana is offline
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Originally Posted by RickeyM View Post
I guarantee his appeal will be based on him having a so-called " Deranged, Trump Hating Judge".
Members of Trump's legal team have already been sanctioned by Judge Engoron for "indefensible" arguments made about the properties associated with The Trump Organization. It's only a fine, and I believe it was in the amount of $7,500 for each of the lawyers identified. But I'm pretty sure the lawyers will try some other tactic, that will allow them to keep their licenses to practice.
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  #14  
Old 09-29-2023, 09:39 AM
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finnbow finnbow is offline
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Quote:
Originally Posted by Ike Bana View Post
Thanks. So as it has been reported, Trump and his organization have been found to have acted fraudulently in their reporting to banks, insurance companies, etc. Now it's just what it's going to cost them. I'm pretty ignorant of the vagaries of civil law and your two part process helps. And since it's a bench trial there's no jury that can be swayed in either direction, so perhaps Trump will live to regret his "I have a Deranged, Trump Hating Judge" comment...and Engoron will unload both barrels on him.

I am ignorant of the law, but I'm fairly competent concerning the vagaries of mental health. It's so typical of someone who is a raging malignant narcissist to jump ass first into the raging victim role, when the shit hits the fan and he finds it all collapsing around him.

The deranged orange animal is so obviously massively disturbed, emotionally and cognitively disorganized, and it's amazing how so many Americans are willing to overlook it because they think there might be something in it for them.
Here's the text of the law pertinent to Trump's case (New York Executive Law § 63(12):

12. Whenever any person shall engage in repeated fraudulent or illegal 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.
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  #15  
Old 09-29-2023, 10:36 AM
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Rajoo Rajoo is online now
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This will be a messy case to get untangled and not as simple as it seems. Only good news is more and more attorney fees because of the complexity in untangling a business enterprise chock full of shell companies. But denying the Trump Crime family the privilege of doing business in the state of New York is awesome.
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  #16  
Old 09-29-2023, 10:42 AM
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finnbow finnbow is offline
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Originally Posted by Rajoo View Post
This will be a messy case to get untangled and not as simple as it seems. Only good news is more and more attorney fees because of the complexity in untangling a business enterprise chock full of shell companies. But denying the Trump Crime family the privilege of doing business in the state of New York is awesome.
Perhaps, but the question of liability has already been settled. Now, it's only about the size and scope of the penalties.
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  #17  
Old 09-29-2023, 11:30 AM
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donquixote99 donquixote99 is offline
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To be clear, "denying the privilege of doing business in NY" means 'must divest of all real property used for business purposes in NY?'
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  #18  
Old 09-29-2023, 02:25 PM
Ike Bana Ike Bana is offline
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Originally Posted by donquixote99 View Post
To be clear, "denying the privilege of doing business in NY" means 'must divest of all real property used for business purposes in NY?'
I would think so. But I suspect finn has the right answer.
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  #19  
Old 09-29-2023, 02:27 PM
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finnbow finnbow is offline
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Originally Posted by donquixote99 View Post
To be clear, "denying the privilege of doing business in NY" means 'must divest of all real property used for business purposes in NY?'

I think so, but we will not have to wait very long to find out. The penalty phase of the trial starts Monday.
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  #20  
Old 09-29-2023, 03:56 PM
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Rajoo Rajoo is online now
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If one loses his/her business license, the business either shuts down or changes hands. This is very common in the restaurant industry and assume similar rules apply to all other businesses.

Trump can conceivably ask all his tenants to vacate his property and then hold on the buildings as non business entities. The Saudis may wind up owning a piece of Manhattan like they do in London.
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