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Court agrees to pause collection of Trump's civil fraud judgement if he puts up $175 million

It will stop the clock on collection and prevent the state from seizing the Republican presidential nominee's assets while he appeals

Published: Mon 25 Mar 2024, 10:53 PM

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A New York appeals court on Monday agreed to hold off collection of former President Donald Trump’s more than $454 million civil fraud judgement if he puts up $175 million within 10 days.

If Trump does, it will stop the clock on collection and prevent the state from seizing the presumptive Republican presidential nominee's assets while he appeals. The appeals court also halted other aspects of a trial judge's ruling that had barred Trump and his sons Eric Trump and Donald Trump Jr., the family company's executive vice presidents, from serving in corporate leadership for several years.

In all, the order was a significant victory for the Republican ex-president as he defends the real estate empire that vaulted him into public life. The development came just before New York Attorney General Letitia James, a Democrat, was expected to initiate efforts to collect the judgement.

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Trump, who was attending a separate hearing in his criminal hush money case in New York, hailed the ruling and said he would post a bond, securities or cash to cover the $175 million sum in the civil case. Speaking in a courthouse hallway, Trump revisited his oft-stated complaints about civil trial Judge Arthur Engoron and the penalty he imposed.

“What he’s done is such a disservice and should never be allowed to happen again,” said Trump, who argues that the fraud case is discouraging business in New York.

James' office, meanwhile, noted that the judgement still stands, even if collection is paused.

“Donald Trump is still facing accountability for his staggering fraud," the office said in a statement.

Trump’s lawyers had pleaded for a state appeals court to halt collection, claiming it was “a practical impossibility” to get an underwriter to sign off on a bond for such a large sum, which grows daily because of interest. The Trump attorneys had earlier proposed a $100 million bond, but an appellate judge had said no late last month.

Monday's ruling came from a five-judge panel in the state’s intermediate appeals court, called the Appellate Division, where Trump is fighting to overturn Engoron's February 16 decision. Trump attorneys Alina Habba and Christopher Kise characterised Monday’s ruling as a key first step.

Siding with the attorney general after a months-long civil trial, Engoron found that Trump, his company and top executives lied about his wealth on financial statements, conning bankers and insurers who did business with him. The statements valued Trump's penthouse for years as though it were nearly three times its actual size, for example.

Trump and his co-defendants denied any wrongdoing, saying the statements actually lowballed his fortune, came with disclaimers and weren’t taken at face value by the institutions that lent to or insured him. The penthouse discrepancy, he said, was simply a mistake made by subordinates.

Engoron ordered Trump to pay $355 million, plus interest. Some co-defendants, including Donald Trump Jr. and Eric Trump, were ordered to pay far smaller amounts. Monday’s ruling also puts those on hold if the $175 million bond is posted.

After James won the judgement, she didn't seek to enforce it during a legal time-out for Trump to ask the appeals court for a reprieve from paying up.

That period ended Monday, though James could have decided to allow Trump more time.

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