Judge has ruled that Donald Trump committed fraud for years while building the real estate empire that catapulted him to fame and the White House.

Judge Arthur Engoron, ruling Tuesday in a civil lawsuit brought by New York’s attorney general, found that the former president and his company deceived banks, insurers and others by massively overvaluing his assets and exaggerating his net worth on paperwork used in making deals and securing financing.

  • @Viking_Hippie
    link
    1249 months ago

    So why the hell is this a civil suit rather than a criminal one?? Last I checked, bank fraud, insurance fraud, and other fraud are all illegal crimes that are against the law!

    • El Barto
      link
      23
      edit-2
      9 months ago

      Not that I don’t agree with you, but I just want to point out that not all cases of breaking the law are criminal. For example, if you run a red light, a cop won’t throw you in jail for it. You’ll get a fine, though.

      Of course, what Trump did should put him in jail.

      But seeing his empire dismantle must be more devastating to his ego than the possibility of prison.

      • @Viking_Hippie
        link
        169 months ago

        if you run a red light, a cop won’t throw you in jail for it. You’ll get a fine, though.

        Traffic violations such as that are considered civil offences, not criminal ones. Trump keeps being found guilty of federal crimes in civil courts. There’s no way that someone less rich and powerful would get the same treatment.

        • El Barto
          link
          69 months ago

          You have a point. If I keep running red lights, even after paying fines and having my license suspended, I will be thrown in jail.

    • I am also confused. Why does the attorney general put forward a civil suit in the first place? Civil court is for parties to seek damages or the other party to do or stop doing actions against contractual obligations.

      Or did Trump defraud the city of New York and it is seeking compensation?

      • @Viking_Hippie
        link
        149 months ago

        Or did Trump defraud the city of New York and it is seeking compensation?

        Yeah, some of the “other fraud” is tax fraud, so in a very real and direct sense, he defrauded New York. Still doesn’t make sense for it to be a civil suit rather than a criminal one, though.

        Must be nice to be rich and powerful enough for your decades of major crimes to count as civil infractions 😮‍💨

        • @DarthBueller
          link
          89 months ago

          Quite simple. Civil liability standard of proof is preponderance of the evidence, which is far less than the standard of proof of guilt beyond a reasonable doubt in criminal.

      • @[email protected]
        link
        fedilink
        19 months ago

        The type of suit depends on the type of law violated and the type of injured party. Civil law vs criminal law, etc.

    • @singron
      link
      English
      99 months ago

      They could potentially bring a related criminal suit later. I’m not an attorney, and there are a lot of specific rules about, but the stakes are lower in a civil case (i.e. no prison) and the burden of proof is easier, so you can more easily prove things or get the defense to admit things in a civil case that can sometimes make a criminal case easier.

      Even if you can’t cite the civil case from the criminal case, just the fact that the civil case ruled one way gives the prosecution confidence to commit to a criminal case and leverage if they negotiate a settlement.

      • @Viking_Hippie
        link
        59 months ago

        Fair enough. I’m gonna be pessimistic in stead of completely dismissive about the possibility of him seeing significant consequences, then 😁

    • prole
      link
      fedilink
      English
      7
      edit-2
      9 months ago

      Could be due to the lower threshold for evidence (preponderance vs. beyond a reasonable doubt). Though I would imagine there’s tons of evidence of this since it’s been going on for 4 decades.

    • Alien Nathan Edward
      link
      fedilink
      49 months ago

      Answer to the question you asked: what he’s technically accused of here is defrauding someone and the law will err on the side of “making the aggrieved party whole” (forcing him to give back what he stole) in these cases. After all, if someone ran off with all your money today would you be happier if the government hurt that person or if they made that person give it back to you. Someone steals my money no jail sentence is gonna satisfy me as much as being able to pay my mortgage.

      Answer to the question you meant to ask: Takes less evidence to get a civil suit to court, and in the process of prosecuting the civil suit you can get subpoenas for evidence and testimony that can lead to criminal indictments. This is basically getting a foot in the door to look at his taxes, his accounting records and everything else. Wouldn’t be shocked at all if there are criminal indictments on the way.