In an exchange with defense attorneys over the state's expert witness, a New York judge said that leveling fines against Donald Trump — one of the key issues being decided at the former president's civil fraud trial — is "clearly an available remedy" despite the defense's argument to the contrary, ABC News reports. Manhattan Supreme Court Justice Arthur Engoron ruled in a partial summary judgement last month that Trump had provided "fraudulent valuations" for his assets on his financial statements, setting aside the trial to determine what additional actions he might take and penalties, if any, the defendants should receive.
Engoron's statement came as Trump's attorneys attempted to impede the testimony of the attorney general's expert witness. While denying their effort, the judge also rejected their argument that disgorgement, or fining Trump for illegal profits, isn't an option for the former president. "For reasons this court has explained ad nauseam, that view is simply incorrect," Engoron said. "Disgorgement is a clearly available remedy." But Trump lawyer Chris Kise disagreed. He countered that the state has failed to prove that banks would have acted differently if they had known Trump's statements were fraudulent.
Kise then cited Deutsche Bank executive Nicholas Haigh's testimony, during which Haigh deemed loaning money to the former president a "good credit decision." Engoron again rebuffed Kise's point. "Several witnesses have testified that they would have acted differently had they known the statements of financial condition were fraudulent," the judge replied, adding, "I think, to a certain extent, the defendants are whistling past the graveyard here."
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