Mazars.
Bender made absolutely clear that under the terms of the engagement for compilation services, the client was responsible for ensuring that assets were stated at their estimated current values, and that Weisselberg was responsible for determining which GAAP departures were identified and disclosed. TT 237-238, 319-320. The engagement letters, signed by a combination of Weisselberg, Donald Trump, and Donald Trump, Jr., confirmed this by unambiguously acknowledging that Donald Trump, through his trustees, was responsible for the preparation andfair presentation of the personal financial information in accordance with GAAP. See, e.g., PX
This is an answer to the question of who's responsibility it is to make sure financial statements are accurate. Page 7
Deutsche Bank.
Haigh relied on Donald Trumpās2011 SFC and assumed that the representations of value of the assets and liabilities were ābroadly accurate.ā TT 1009-1010; PX 330. The Deutsche Bank Credit Reportās āFinancial Analysisā is based on numbers provided by the āfamily officeā (here, the Trump Organization) and contains the same numbers represented in the SFC.
Same question page 9
The covenant obligated Donald Trump to provide an annual financial statement. Haigh stressed that
the annual SFCs were required because ā[t]he bank wants to be sure that the clientās financial strength is being maintained
This speaks to the fraud being persistent and ongoing for the entire term of the loan. Answering at least in part why it falls within the statute of limitations. Page 10
Appraisal.
Larson testified clearly and credibly that although his name is cited as the source to justify a2.940
capitalization (on Niketown, a property in which Donald Trump owned two long-term leases on 57th Street, Larson never had a specific conversation with Jeffrey McConney in which he advised him that such a cap rate would be appropriate; nor was he aware that he was listed as a source for such a cap rate.
An appraiser was literally used as a source for property without ever agreeing to the rates suggested. Page 12 Also included Trump Tower By the way.
Notwithstanding, the 2015 SFC backup data double-counted the Dean & Delucalease. McConney also chose a much lower cap rate than that on the appraisal and listed the total value of 40 Wall Street at over $735 million, citing Larson as the source.
And again.
By at least June 2014, Dillon became aware that the Trump Organizationās rights to build units at
Briarcliff had been reduced from 71 units to 31 units. PX 3261; TT 2701-2702. Notwithstanding, the supporting data for every SFC from 2015-2021 values Briarcliff as if it had the right to build 71 units, and, indeed, explicitly states:
āSale of 71 Mid-Rise units approved.ā
PX 731, 742, 758, 774, 843, 857, 1501
Valuating a property at 71 units when you're only allowed to built 31.
Mcconney
McConney was aware that Donald Trump had no right to withdraw funds from his interest inVornado Partnerships, and yet he listed the interest on the SFCs from 2013 to 2021 as if it werecash immediately available to Donald Trump. TT 617-626, 5019.
When valuing Trump Park Avenue on the SFCs, McConney knowingly valued rent-regulated apartments using an anticipated selling price that assumed not only that the apartments were unrestricted, but that they had already been renovated, thus failing to discount future value to present value.
McConney ignored several Seven Springs appraisals commissioned by the Trump Organization that valued the potential seven-mansion development at between $5.5 million and $21 million and instead valued the seven-mansion development at $161 million, citing Eric Trump as the source.
McConney testified that for every SFC, Donald Trump valued Mar-a-Lago as if it were a private residence and not a social
club, despite knowing that āMar -a-Lago is a social club.ā
Initially, when questioned by OAG, McConney denied that Allen Weisselberg ever asked him to commit fraud on behalf of the Trump Organization. However, when confronted with hissworn testimony from the criminal trial, McConney admitted that Weisselberg did, on more than one occasion, ask McConney to assist him in committing tax fraud. TT 776-778. He further conceded, after initially denying, that even though he knew these activities were illegal at thetime he was performing them, he continued to assist Weisselberg in committing fraud, as he was afraid that if he refused Weisselbergās requests he would lose his job.
Plaintiff questioned McConney about hisāSeparation Agreementāwith the Trump Organization, pursuant to which was to receive $500,000, to be paid in installments, the last of which remainsoutstanding. TT 5075. Plaintiff questioned him as to whether his agreement includes the same covenant found in Weisselbergās
separation agreement that prohibits voluntary cooperation with
governmental investigations or any entity āadverseā to the Trump Organization.
He and Weisselberg are literally being paid not to flip. Page 28
These are just some quick highlights. It goes on and on. So tell me is this fraud or not?
The judge's ruling orders former President Donald Trump and his company to pay $354 million in fines, plus almost $100 million in interest, and restricts Trump's business activities in the state.
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