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Monday, December 18, 2023 5:40:54 PM
Judge Arthur Engoron has denied Donald Trump's most recent motion for a directed verdict to end his civil fraud trial.
In a blistering ruling, the judge not only denied the motion but also opted to explain the flaws he see in many of Trump's arguments at trial.
Addressing the testimony of defense accounting expert Eli Bartov, who Trump proudly and repeatedly declared found "no accounting fraud of any kind," Engoron flatly dismissed Bartov's findings by saying he lost credibility by "doggedly attempting to justify every misstatement."
"Bartov is a tenured professor, but all that his testimony proves is that for a million or so dollars, some experts will say whatever you want them to say," Engoron wrote.
The judge also rejected assertions from Trump's lawyers that any financial misstatements are beyond the case's statute of limitations.
"Closing is not a get-out-of-jail-free card for future misstatements. All that§ 63(12) requires is a false statement used in business; the subject financial statements fit that definition 'to a T,'" Engoron wrote.
Engoron also said he didn't buy Trump's argument that fining the former president for ill-gotten gains was not merited in the case because his lenders were happy with the transactions.
"That the instant lenders made millions of dollars and were happy with the transactions does not mean that they were not damaged by lending at lower interest rates than they otherwise would have," he wrote.
Calling Trump's claims "misstatements at best and fraud at worst," Engoron wrote that "Valuations, as elucidated ad nauseum in this trial, can be based on different criteria analyzed in different ways. But a lie is still a lie."
The judge ended his ruling by reminding the parties about the date for closing arguments in the case.
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