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TRUMP WINS PARTIAL STAY OF FRAUD JUDGMENT, ALLOWED TO POST $175 MILLION


TRUMP PREVIOUSLY HAD TO POST A HALF-BILLION DOLLAR BOND TO STOP THE N.Y.
ATTORNEY GENERAL FROM TAKING HIS ASSETS

By Mark Berman
, 
Jonathan O'Connell
and 
Shayna Jacobs
Updated March 25, 2024 at 12:57 p.m. EDT|Published March 25, 2024 at 11:33 a.m.
EDT

New York Attorney General Letitia James arrives to hear former president Donald
Trump testify in his civil fraud case at the State Supreme Court of New York on
Nov. 6, 2023, in New York. (Jabin Botsford/The Washington Post)

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An appeals court panel said Monday that former president Donald Trump would be
allowed to post a $175 million bond to stave off enforcement of a nearly
half-billion dollar civil judgment against him and his business.


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The order Monday morning was a significant win for Trump, who was otherwise
facing a massive cash crunch and the prospect of New York Attorney General
Letitia James seizing some of his assets as soon as this week.



However, while the panel eased the financial cloud over Trump, it did not erase
it entirely. The panel gave Trump 10 days to come up with the reduced bond of
$175 million, saying it would only delay enforcement of the full amount if he
put up that money within this window. Trump’s attorneys had previously sought to
post a $100 million bond, rather than the full amount, and have not said whether
he can meet the $175 million threshold.

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A New York judge earlier this year hit Trump with penalties totaling more than
$450 million. The former president immediately vowed to appeal that ruling, but
to stop James from collecting in the meantime, he was required to put up a bond
in the full amount. His attorneys have said that the cost of securing such a
large bond would exceed $550 million. The appeals court panel did not reduce the
initial judgment Monday, only the amount he needs to put up for a bond while
appealing.

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The panel’s order came at a precarious moment for Trump, who is contending with
significant financial instability and legal peril. Separate from this case,
Trump has been ordered by two civil juries to pay nearly $90 million to the
writer E. Jean Carroll. He also faces charges in four criminal cases, including
one in New York related to hush money payments made to an adult-film actress.

In a sign of how many overlapping legal headaches swirl around Trump, the
appeals panel’s order on Trump’s bond came down while he was in a New York
courtroom for a hearing about the hush money case. The justice in that case
determined that it will go to trial April 15.

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The civil fraud judgment against Trump, meanwhile, stems from a lawsuit that
James brought against him and his company, as well as his two eldest sons and
two executives. James’s lawsuit said Trump misstated the value of his properties
and other assets by up to $2.2 billion a year from 2011 to 2021.

New York Supreme Court Justice Arthur Engoron, who heard the case, in February
ordered that Trump pay the hefty judgment, which comes out to more than $450
million — with interest. Trump’s attorneys have suggested that he would struggle
to finance an appeal bond of that size, saying they had tried and failed to get
more than two dozen companies to help secure the bond.

After the appeals court panel ruled Monday, Trump posted to social media that
his side would “abide by the decision … and post either a bond, equivalent
securities, or cash.” He also criticized Engoron and James, both of whom he has
ridiculed throughout the trial and after. Speaking to reporters briefly during a
break in the hearing in the hush money case, he thanked the appeals court panel
and again insulted Engoron.

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James’s office said that the underlying outcome of the trial remained in place.

“Donald Trump is still facing accountability for his staggering fraud,” a
spokesperson for her office said. “The court has already found that he engaged
in years of fraud to falsely inflate his net worth and unjustly enrich himself,
his family, and his organization. The $464 million judgment — plus interest —
against Donald Trump and the other defendants still stands.”

Although the appeals court gave no reasoning for its decision, Adam Pollock, an
attorney who formerly served as assistant attorney general in New York, said the
decision could indicate that it might consider permanently reducing the judgment
against Trump on appeal.

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“It’s extraordinary because the law is clear that you have to post a bond in the
full amount, and it additionally suggests that there may be concern that the
underlying judgment is itself excessive,” said Pollock.

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In addition to reducing the amount Trump must put up for his appeal bond, the
panel also said it would stay other parts of Engoron’s decision. Among other
things, the panel said it would block Engoron’s decree that Trump be prohibited
from getting loans from any New York financial institution for three years, and
his order that Trump’s sons, Donald Trump Jr. and Eric Trump, be barred from
serving in a top position at a New York corporation for two years. The panel
said it declined to block some of Engoron’s other moves, including his directive
installing an independent director of compliance.

This is a developing story. It will be updated.

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