Essential Tips and Insights to Prepare for Testifying in a Real Estate Fraud Trial




NEW YORK — In a high-stakes Manhattan trial set to cost him $250 million and potentially bar his iconic company from operating in New York, former President Donald Trump is scheduled to take the witness stand on Monday. This comes after his sons, Eric and Don Jr., testified last week, sweating it out in court.

Trump’s appearance in court follows a decision by State Supreme Court Justice Arthur Engoron to extend the partial gag order to include the Trump defense team. Engoron has fined Trump twice for violating this order. Trump, who is considered the frontrunner for the 2024 Republican presidential nomination, has labeled the trial a “witch hunt” orchestrated by New York State Attorney General Letitia James and Judge Engoron, both of whom are elected Democrats.

September saw Engoron rule that Trump and other defendants in the case had fraudulently inflated the value of their assets by billions of dollars. As a result, certain entities associated with them will lose their New York business certificates. Trump referred to this ruling as “the corporate death penalty.” The judge also sanctioned Trump’s defense attorneys for repeatedly making baseless arguments, such as claiming that square footage is subjective.

However, Engoron’s bombshell ruling in September only addressed a portion of the 222-page legal complaint filed by James, accusing Trump and others of persistent and repeated fraud.

Here’s what you need to know about Trump’s crucial testimony on Monday.

What is the Trump New York trial about?

The trial is addressing various allegations, including the falsification of corporate financial statements and insurance fraud by Trump, his adult sons, and Trump Organization executives. The testimony will play a significant role in Engoron’s decision on whether to impose further punishment.

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James seeks to permanently block Trump and his two oldest sons from running a New York business and impose a 5-year ban on Trump and the Trump Organization from purchasing New York real estate or applying for loans from New York banks. The attorney general’s office has also requested that the defendants forfeit any profits earned through the alleged fraud, which could amount to a quarter billion dollars.

While Ivanka Trump, Trump’s eldest daughter and former top White House advisor, was initially named as a defendant in James’ lawsuit, a New York appeals court dismissed the case against her due to the time that has passed since her involvement with the Trump Organization. However, she will still take the stand to testify as Engoron rejected her challenge to a state subpoena. Her testimony is scheduled for Wednesday.

What happened with Donald Trump Jr. and Eric Trump?

Last week, the questioning of Donald Trump Jr. and Eric Trump focused on their knowledge of the alleged misrepresentations in their father’s financial statements, which were purportedly used to secure bank loans under fraudulent terms. Both brothers, who have been heavily involved in their father’s business operations, claimed that they were not closely familiar with the financial statements and blamed company accountants for any discrepancies.

Whether or not the former president’s testimony will mirror that of his sons remains to be seen. Trump has publicly stated that his financial statements are “phenomenal” and that his actual net worth is “substantially more” than what the statements indicate.

Last week, Trump took to social media to claim that his sons were “PERSECUTED in a political Witch Hunt by this out of control, publicity seeking, New York State Judge.”

Eric Trump’s testimony on Friday was overshadowed by the controversy surrounding the defense attacks on Engoron’s principal law clerk, Allison Greenfield. Trump accused Greenfield of “running this case against me” on social media last month, prompting Engoron to issue the initial gag order.

During the trial, Trump lawyer Christopher Kise voiced concerns about these exchanges, claiming they created a “perception of bias.”

In his Friday order, Engoron explained, “Since the commencement of this bench trial, my chambers have been inundated with hundreds of harassing and threatening phone calls, voicemails, emails, letters, and packages.” He further justified the gag order, stating, “The First Amendment right of defendants and their attorneys to comment on my staff is far and away outweighed by the need to protect them from threats and physical harm.”

It’s important to note that Engoron’s gag order does not apply to the judge himself, whom Trump has labeled a “partisan political hack” and a “radical Trump hater.”

Judge Arthur Engoron presides over former President Donald Trump’s civil business fraud trial at New York Supreme Court, Wednesday, Oct. 25, 2023, in New York.

This article originally appeared on USA TODAY: Donald Trump to testify: What to know before testimony at fraud trial

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