Latisha James, NY Attorney General is engaged in a highly publicized fraud trial against Donald Trump. My own views on Trump are strictly neutral. I feel that Mar a Lago (sp) is not the only overvalued real estate in the country. My guess is that almost all high-end property is way overvalued.
The only way these properties change hands is in highly complex, highly leveraged transaction. Only a lunatic or eccentric would pay real money for most commercial or high-end resort properties such as Mar a Lago.
If Latisha James wins, it would expose the fact that most real estate is highly leveraged and their titular "owners" have little or no equity. If the values dropped to fair salable values, the properties would instantly have huge negative equity and face foreclosure. There would be no cash market for most of these properties. If Latisha James wins, could she trigger a depression by winning?
The argument, that the New York lawsuit against Donald Trump for allegedly overvaluing his properties is baseless because banks use their own appraisers, contains several flaws:
Financial institutions often rely on the financial statements and disclosures provided by their clients. While banks do employ their own appraisers, they also depend on the honesty and accuracy of the information provided by clients. If a client intentionally misrepresents their assets' value, it can affect the bank's risk assessment and lending decisions.
If widespread asset overvaluation like the kind alleged in the New York lawsuit against Donald Trump were to become common, it could distort risk assessments, potentially leading to higher interest rates for all borrowers. This lawsuit, represented as "The People of New York versus Donald Trump," highlights the broader public interest at stake. The point is, someone asked 'who is the victim?", it's the plaintiff, "The People Of New York". Moreover, providing inconsistent valuations for the same property in different contexts, such as to banks and insurance companies, could constitute fraud, underscoring the serious legal implications of such actions.
The core issue in the lawsuit is not merely about the difference in valuation but the intent behind it. If it can be proven that there was a deliberate attempt to mislead or commit fraud, the argument of banks using their own appraisers becomes secondary. Fraudulent intent in financial dealings is a serious legal issue, regardless of the safeguards in place.
Overvaluation of assets can also impact tax assessments and other regulatory compliances. If properties are overvalued, it might lead to reduced tax liabilities or other undue advantages, affecting state revenue and compliance with laws.
Bank appraisals are a part of the due diligence process but do not absolve the borrower from the responsibility of accurate representation. Banks' appraisals are often based on the information provided by the borrower, so if this information is flawed, the appraisal can also be compromised.
Misrepresentation in financial statements can violate various legal and ethical standards in business practices. The argument that banks should catch every discrepancy overlooks the responsibility of individuals and businesses to engage in honest and transparent dealings.
Addressing alleged overvaluation is also a matter of setting a legal precedent and deterring similar behavior by others. Dismissing such cases on the grounds that banks have their own appraisers could encourage others to attempt similar misrepresentations.
So, in my view the argument underestimates the importance of honesty and accuracy in financial disclosures and overestimates the ability of bank appraisals to catch every instance of misrepresentation or fraud. The legal implications of fraudulent misrepresentation are significant, irrespective of the checks and balances employed by financial institutions.
In short, honesty is the best policy. What is happening to Trump is due to the simple fact he is not an honest man. But, unlike most dishonest persons, his level of dishonesty has crossed that threshold from being annoying to being a criminal.