Help me out because you tend to know these things, and till now I have not cared about this and simply don’t know.
Did Trump argue that he didn’t overvalue assets? Or did he ignore that change and end run to “nobody got hurt” because so far all I’ve seen from his side was “it’s complicated “
I guess what I’m asking is, was fraud proven or just assumed?
The fraud was proven. The issue for the state was whether penalties could be handed out for ill gotten gains. Ultimately, any ill gotten gains would have likely been small and nowhere near the 500M assessed against him.
1. He overvalued certain assets, such as 40 Wall St. Every developer does this. Where this gets into the legal gray area is the bank application asked if he had any recent appraisals, which he lied to. He had them done but chose to ignore them. He would take the cap rates from those appraisals, apply them to a made up number for his property, and gave that number to the bank as the value. Trump even admitted on the stand that he was wrong/lied when valuing his Trump Tower penthouse (He said it was 3x larger than it actually was on bank forms) The issue for the state is even of he is guilty here, the lenders knew the underlying assets so penalties would be very small.
2. The accounting standards require certain assets with covenant restrictions, like MAL, to be valued differently. On applications, Trump said the stmts provided were done by this standard. They werent. Same issue remains as #1, even if guilty, the lender knew what the underlying assets were so penalties would be small.
Right now, IMO, these first two are nothing burgers. Yes, unethical and definitely bordering on illegal.
Here is where Trump gets into trouble
3. Lender asked Trump for profit and loss for 40 Wall Street for prior years. Unlike the value of actual building, the lender wouldnt know exactly what its profit/loss is without client providing numbers. Trump took actual profit/loss activity, made up revenue that didnt happen, removed expenses that did happen, and gave that to the bank. Then gave future projections on those fake numbers.
4. Trump lied about liquid assets on applications. For cash on hand, he included the entire cash holdings of a partnership he was invested in although he was only a limited partner and the fact that cash was completely restrictred.