So….that’s how I arrived at my demand of $2760. How did James come up with $350 million for a civil violation in which nobody was hurt, and nobody was even a victim? I’m curious.
Start by understanding that this was completely out of Engoron's league.
There were two basic components. Interest and profits. Trump got a lower interest rate by providing a personal guarantee on the loans. Absent his personal guarantee the interest rate would have been higher. The lenders didn't care about Trump's SFC's, they do their own due diligence. They just wanted a Billionaire's personal guarantee.
So.
The judge calculated the loan amount based on the interest rate Trump might have got with no personal guarantee. He ran the loan out to maturity and calculated the total interest. He subtracted from that amount the actual interest that Trump paid the lender, and fined Trump the difference.
Then he went to profits. He took the proceeds from the sale of the properties and subtracted the amount of the mortgage. He called that profits, and added it to the other fine for a total.
Then he took a statutory 9% and applied that rate to all the totals based on when they were accrued , as "interest on ill-gotten gains".
It is just about the dumbest and most superficial financial calculation in history, it double counts interest and sometimes triple counts it. It ignores the tens of millions of Trump's own equity that was invested in the projects, and it makes a bunch of other elementary mistakes that you can't do when you are doing a disgorgement. And they reached back to 2011 transactions, even though the appellate court had already ruled in June 2023 that they could only go back to 2016.
None of it will stand up to scrutiny because there was no scrutiny put into it. I think this was Engoron's first try at a disgorgement- this case should have been heard in the Commercial Division where they know how to do all this stuff.
But that would have afforded Trump due process, and James couldn't allow that. She needed Engoron's kangaroo court.
When Trump filed the notice of appeal and the first motion to stay, it was just a 2 page form with one paragraph requesting the stay. The appeals court stayed the non-monetary parts of the judgement but left the fine alone.
This last filing from Trump is 29 pages of well-researched and solid case law, plus the affidavits from the bond brokers, and it is wicked.
The response from the AG's office is a two-page pleading that you can basically sum up as "No fair!"
We will get an answer by next Monday.
