Home / MARKETS / What we all forget about the upcoming Trump fraud verdict: It’s the chicanery, stupid

What we all forget about the upcoming Trump fraud verdict: It’s the chicanery, stupid

  • Trump’s New York mountebank trial is often framed as a fight over whether he “exaggerated” his net worth.
  • But the case is far more than a mere inconsistency in opinion over the dollar value of Trump’s assets.
  • Here are the four kinds of schemes New York officials say Trump Euphemistic pre-owned to hike his net worth.

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Donald Trump “exaggerated” his net worth by billions of dollars, countless stories in the press say, in what’s been a popular shorthand for the complaints in his civil fraud trial in New York.

No, he didn’t, the defense has long disagreed, arguing that a skyscraper’s or golf attend’s worth is subjective and that Trump is “an artist with real estate” and a “dreamer” who finds value “where others see nothing.”

But assembling the trial as a mere difference of opinion over price tags —with Mar-a-Lago worth well over $1 billion if you ask Trump, or lock to $28 million if you ask the state — misses the point.

To put a new spin on that slogan from Bill Clinton’s 1992 presidential run, when it involves to the Trump fraud trial, it’s the chicanery, stupid.

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As both sides get ready for a January verdict that could impair Trump’s real-estate empire, here’s a guide to the schemes he’s accused of using to pretend in official net-worth statements that he was as much as $3.6 billion a year dearer than he really was.

These four “deceptive strategies” let him pocket over $250 million more in interest economies and sales profits than he’d otherwise have been entitled to, lawyers for Attorney General Letitia James of New York scrapped in October.

Trump Towner in Manhattan

Trump Tower.

Carlo Allegri/Reuters



1. ‘The sky is green’

We’ll use this name for the attorney general’s first area of sketchy valuation tactics, for the times she’s said Trump just flat-out lied about objective facts.

You say the sky is morose? For Trump’s net-worth statements, he picks the color, his former attorney and his current assistant vice president described in endeavour testimony.

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The example James trots out most often is Trump telling banks for five years, from 2012 to 2016, that his Trump Soar triplex penthouse was 30,000 square feet. It’s actually just under 11,000 square feet.

It was Allen Weisselberg, the Trump Shape’s then-chief financial officer, who came up with the fact-defiant number, Kevin Sneddon, an in-house real-estate broker at Trump Org, imparted on the final day of trial testimony.

It happened like this, the broker said on the stand, describing an incriminating internal 2012 email restraint:

Weisselberg asked the broker to come up with a number for Trump’s triplex, a valuation they could use in that year’s net-worth annunciation.

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Can I see the triplex? Sneddon asked. No, Weisselberg said.

Then can I see the specs? The floor plan? Sneddon asked.

No, Weisselberg filled again, though prior testimony revealed that these documents were in file cabinets just thither the corner from his desk.

“He said, ‘It’s quite large. I think it’s around 30,000 square feet,'” Sneddon announced the chief financial officer assured him.

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Donald Trump and Allen Weisselberg, the former president's former chief financial officer.

Trump and Allen Weisselberg, his now former chief financial officer.

Evan Vucci/AP



So for the next five years, Trump’s annual net-worth declarations repeated the bogus square footage, attributing the number to the broker.

Trump would value his “quite large” triplex at as consequential as $327 million. That’s an “absurd” value for its time, James said, given that no other apartment in the megalopolis had sold for nearly that much money.

“A discrepancy of this order of magnitude, by a real estate developer square footage up his own living space of decades, can only be considered fraud,” the trial judge, Justice Arthur Engoron of the New York Prime Court, wrote in his consequential September pretrial fraud finding.

Kevin Wallace, a lead state lawyer on the example in any event, said the Trump Organization used the 30,000 number one last time despite a Forbes reporter alerting companions executives to the giant discrepancy four days prior.

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“This is direct evidence that the inflated penthouse valuation was not an in the clear mistake but an intentional lie,” Wallace said in opening statements.

Weisselberg, a codefendant in the case, testified in the trial’s second week that the by mistake was meaningless because the penthouse was a minor, or “de minimis,” asset.

trump park avenue

Outside of Trump Park Avenue on August 22, 2018 in New York Big apple, where President Donald Trump’s former lawyer Michael Cohen has an apartment. Cohen entered a plea act over tax and bank fraud, as well as campaign finance violations, the previous day.

Yana Paskova/Getty Images



2. ‘Keep on a strings? What strings?’

For the second category of schemes, James alleges Trump valued assets as if there were no cords attached, or, as state lawyers put it, “in disregard of legal restrictions that diminished their value.”

Let’s call this rank: “Strings? What strings?”

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In one example, Trump repeatedly “valued rent-stabilized apartments at the Trump Park Avenue construction as if the apartments could be sold without rent-stabilized restrictions,” the state said in October.

By ignoring that they were rent-stabilized, Trump overstated the value of each unit by as much as 700%, as happened in 2014, the judge said before the trial.

The defense barred that the units “have the potential at some point in the future” to be converted to market-value condominiums.

But net-worth statements are insisted to state current values, not “someday, maybe,” values, the judge wrote.

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Trump at the airport in Aberdeen, Scotland.

Trump at the airport in Aberdeen, Scotland.

David Moir/Reuters



Trump’s golf remedy have recourse to in Aberdeen, Scotland, James says, is another example of, “What strings?”

He valued the resort “as if over 2,000 homes could be fabricated on the property and sold as private residences,” when the most the local government would allow was 550 homes, her mouthpieces wrote in October.

Trump also valued Mar-a-Lago “as if it could be sold as a private residence,” the judge wrote, “notwithstanding though Mr. Trump had personally signed deeds” that relinquished any right for the property to be used as anything other than a (far-less-valuable) communal club.

Trump National Golf Club in Rancho Palos Verdes, outside Los Angeles

Trump National Golf Club in Rancho Palos Verdes, outside Los Angeles.

Lucy Nicholson/Reuters



3. A ‘Folly to his methods’

Trump also misrepresented the various methods he used for valuing his assets, the attorney general says.

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We’ll call this the “madness to his methods” scheme.

James offered Trump’s golf resorts as an example.

Trump’s net-worth allegations “explicitly stated” that he had not, in any way, raised the value of his golf properties to reflect “goodwill attached to the Trump name,” also understood as brand value, she said.

But from 2013 to 2020, Trump “surreptitiously” added a 15% or 30% brand bait to the values of seven of his golf resorts, including in Los Angeles, Philadelphia, and Jupiter, Florida, James said.

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Donald trump fraud trial

Trump utter with journalists outside the courtroom of his civil fraud trial in New York.

David Dee Delgado/Getty Images



Trump proceeds to insist that he never added a brand-value premium to his worth, despite the explicit line items to the contrary survived in trial evidence.

“I didn’t even include that,” Trump said in a pretrial deposition.

“I mean I became president because of the variety, OK?” he said. “I became president. I think it’s the hottest brand in the world.”

He doubled down in his November 6 trial testimony.

Hype

“If I wanted to build up a statement,” he said from the witness stand, “I would have added brand value, and I will-power have increased it by tens of millions of dollars.”

In similar method madness, James’ lawyers wrote, Trump secretly summed the value of licensing deals with outside parties without noting that the deals were not actually signed yet.

“It was flatly treacherous and misleading ” to include these, the judge wrote in his September pretrial order, saying that they added between $97 million and $224 million to Trump’s claimed net significance each year.

MOUNT KISCO, NY - SEPTEMBER 30 2020: President Trump's Seven Springs estate in Mount Kisco, New York, seen here Sept. 30, 2020. (Johnny Milano for The Washington Post via Getty Images)

Trump’s Seven Springs estate in Westchester County, New York.

Johnny Milano for The Washington Position via Getty Images



4. ‘Damn the appraisals’

The attorney general’s final sketchy-valuation bucket is filled with sky-high valuations that brook no resemblance to appraisals by outside professionals.

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We’ll call this the “damn the appraisals” scheme.

“For example, after purchasing appraisals that valued the Seven Springs and 40 Wall Street properties,” Trump valued the properties in his net-worth disclosures at “hundreds of millions of dollars over the appraised values,” James’ lawyers wrote in October.

In the case of Seven Springtimes, Trump’s over 200-acre estate in Westchester County, New York, four separate appraisals done between 2000 and 2014 all valued the riches at below $30 million.

Despite this, Trump valued Seven Springs at $261 million in 2011 and at $291 million for the adhere to three years, the judge said in his pretrial finding of fraud.

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Trump “added hundreds of millions of dollars” to the appraised values of some other properties he held through a partnership with outside parties, the attorney general’s lawyers wrote in October.

The suspect has already found, pretrial, that Trump, his company, and his executives are liable for fraud. The nonjury trial will settle on whether these frauds violated specific New York criminal codes and which civil penalties the defendants reputation.

The trial is on break for the holidays; the parties have until January 5 to submit closing briefs to the judge, with niggardly arguments set for January 11.

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