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Donald Trump appeals $454 million judgment in New York civil fraud case
Legal Current Events | 2024/02/27 14:05
Donald Trump has appealed his $454 million New York civil fraud judgment, challenging a judge’s finding that Trump lied about his wealth as he grew the real estate empire that launched him to stardom and the presidency.

The former president’s lawyers filed notices of appeal Monday asking the state’s mid-level appeals court to overturn Judge Arthur Engoron’s Feb. 16 verdict in Attorney General Letitia James’ lawsuit and reverse staggering penalties that threaten to wipe out Trump’s cash reserves.

Trump’s lawyers wrote in court papers that they’re asking the appeals court to decide whether Engoron “committed errors of law and/or fact” and whether he abused his discretion or “acted in excess” of his jurisdiction.

Trump’s appeal paperwork did not address whether Trump was seeking to pause collection of the judgment while he appeals by putting up money, assets or an appeal bond covering the amount owed to qualify for an automatic stay.

Messages seeking comment were left with Trump’s lawyers and the New York attorney general’s office. Engoron found that Trump, his company and top executives, including his sons Eric and Donald Trump Jr., schemed for years to deceive banks and insurers by inflating his wealth on financial statements used to secure loans and make deals. Among other penalties, the judge put strict limitations on the ability of Trump’s company, the Trump Organization, to do business.

The appeal ensures that the legal fight over Trump’s business practices will persist into the thick of the presidential primary season, and likely beyond, as he tries to clinch the Republican presidential nomination in his quest to retake the White House.

If upheld, Engoron’s ruling will force Trump to give up a sizable chunk of his fortune. Engoron ordered Trump to pay $355 million in penalties, but with interest the total has grown to nearly $454 million. That total will increase by nearly $112,000 per day until he pays.

Trump maintains that he is worth several billion dollars and testified last year that he had about $400 million in cash, in addition to properties and other investments. James, a Democrat, told ABC News that if Trump is unable to pay, she will seek to seize some of his assets.

Trump’s appeal was expected. Trump had vowed to appeal and his lawyers had been laying the groundwork for months by objecting frequently to Engoron’s handling of the trial.

Trump said Engoron’s decision, the costliest consequence of his recent legal troubles, was “election interference” and “weaponization against a political opponent.”

Trump complained he was being punished for “having built a perfect company, great cash, great buildings, great everything.” Trump’s lawyer Christopher Kise said after the verdict that the former president was confident the appeals court “will ultimately correct the innumerable and catastrophic errors made by a trial court untethered to the law or to reality.”

“Given the grave stakes, we trust that the Appellate Division will overturn this egregious verdict and end this relentless persecution against my clients,” Trump lawyer Alina Habba said.


Dani Alves found guilty of rape, sentenced to four and a half years in prison
Attorney News Feed | 2024/02/23 10:33
Dani Alves, one of the most successful soccer players of his generation, was found guilty of raping a woman in a Barcelona nightclub and sentenced to four years and six months in prison on Thursday.

The former Brazil and Barcelona right back was convicted in Spain under a new sexual liberty law that emphasizes the lack of consent of the victim as key to determining sex crimes.

A three-judge panel at the Barcelona Provincial Court convicted the 40-year-old Alves of sexual assault for the incident on Dec. 31, 2022.

The court ordered Alves to pay 150,000 euros ($162,000) in compensation to the victim, banned him from approaching the victim’s home or place of work, and from communicating with her by any means for nine years.

“I still believe in the innocence of Mr. Alves,” Inés Guardiola, Alves’ lawyer, said. “I need to study the ruling, but I can tell you that of course we will appeal.”

Guardiola said Alves was “calm and collected” when he heard the verdict in court.

“We are satisfied,” David Sáenz, a member of the victim’s legal team, said, “because this verdict recognizes what we have always known, that the victim told the truth and that she has suffered.”
The victim’s lawyer, Ester García, said on Wednesday she and her client would not be present for the verdict.

The victim said Alves raped her in the bathroom of a Barcelona nightclub on the morning of Dec. 31, 2022. The court considered it proven that the victim did not consent to sex and there was evidence, in addition to the defendant’s testimony, that she was raped.

Alves denied during the three-day trial this month that he raped the woman, testifying to the court “I am not that kind of man.”

State prosecutors had sought a nine-year prison sentence for Alves while the lawyers representing his accuser wanted 12 years. His defense asked for his acquittal, or if found guilty a one-year sentence plus 50,000 euros compensation for the victim.

The sentence of four years and six months is near the lowest sentence for a rape conviction, which when the rape took place was penalized by four to 12 years under Spanish law. That has since been modified to six to 12 years. The court in its sentence said it considered favorably for Alves that he had “before the trial paid the court 150,000 euros to be given to the victim without any conditions attached.”

Sáenz said his legal team did not agree with the application of the extenuating circumstance, saying the money did not compensate the harm done to their client. During the trial, medical experts testified she was suffering from post-traumatic stress.


Attorney Jenna Ellis pleads guilty in Georgia election interference case
Court News Resource | 2024/02/16 13:10
Attorney and prominent conservative media figure Jenna Ellis pleaded guilty Tuesday to a felony charge over efforts to overturn Donald Trump’s 2020 election loss in Georgia, tearfully telling the judge she looks back on that time with “deep remorse.”

Ellis, the fourth defendant in the case to enter into a plea deal with prosecutors, was a vocal part of Trump’s reelection campaign in the last presidential cycle and was charged alongside the Republican former president and 17 others with violating the state’s anti-racketeering law.

Ellis pleaded guilty to one felony count of aiding and abetting false statements and writings. She had been facing charges of violating Georgia’s Racketeer Influenced and Corrupt Organizations Act, known as RICO, and soliciting the violation of oath by a public officer, both felonies.

She rose to speak after pleading guilty, fighting back tears as she said she would not have represented Trump after the 2020 election if she knew then what she knows now, claiming that she relied on lawyers with much more experience than her and failed to verify the things they told her.

“What I did not do but should have done, Your Honor, was to make sure that the facts the other lawyers alleged to be true were in fact true,” the 38-year-old Ellis said.

The guilty plea from Ellis comes just days after two other defendants, fellow attorneys Sidney Powell and Kenneth Chesebro, entered guilty pleas. That means three high-profile people responsible for pushing baseless legal challenges to Democrat Joe Biden’s 2020 election victory have agreed to accept responsibility for their roles rather than take their chances before a jury. A lower-profile defendant pleaded guilty last month.

Responding to a reporter’s shouted question in the hallway of a New York City courthouse, where a civil case accusing him of inflating the value of his assets is being held, Trump said he didn’t know anything about Ellis’ plea deal but called it “too bad” and said he wasn’t worried by it.

“Don’t know anything, we’re totally innocent of everything, that’s political persecution is all it is,” he said.

Steve Sadow, Trump’s lead attorney in the Georgia case, used Ellis’ plea to cast doubt on the legitimacy of the racketeering charges Fulton County District Attorney Fani Willis brought against all 19 defendants.


Ex-Illinois lawmaker abruptly pleads guilty to fraud and money laundering
Attorney News Feed | 2024/02/13 13:41
Former Illinois lawmaker and gubernatorial candidate William “Sam” McCann abruptly pleaded guilty on Thursday to nine felony counts of wire fraud, money laundering and tax evasion, halting his federal corruption trial over misusing up to $550,000 in campaign contributions.

McCann, who cut off negotiations over a plea deal last fall when he dismissed his court-appointed attorneys, made the reversal on the third day of a bench trial before U.S. District Court Judge Colleen Lawless. His latest lawyer, Jason Vincent, of Springfield, asked that he be released from custody as part of the deal, but Lawless nixed the idea, telling McCann his only option was to offer a no-strings open plea.

The seven counts of wire fraud and single count of money laundering each carry a sentence of up to 20 years in federal prison. For tax evasion, it’s three. But a complex set of advisory guidelines before Lawless, who set sentencing for June 20, will likely yield a far shorter term.

“Are you pleading guilty because you are in fact guilty?” Lawless asked. The 54-year-old McCann, wearing the gray-and-black striped jumpsuit of the nearby county jail where he’s held, replied, “Yes, your honor.”

Lawless set a hearing for Friday on McCann’s release request, but it’s certain to draw opposition from the government and not just because McCann violated probation last week when he left the state to check himself into a hospital with chest pains. Assistant U.S. Attorney Timothy Bass told Lawless he would introduce as further evidence of McCann’s unreliability a bizarre social media video posted just this week in which McCann claims a government conspiracy involving an “ungodly pack of lies” is against him.

A state senator from 2011 to 2019, McCann formed the Conservative Party of Illinois to campaign for governor in 2018. A criminal indictment in 2021 outlined numerous schemes McCann employed to convert contributions from his campaign committees to buy vehicles, pay an overdue loan, two mortgages, credit card bills and fund a family vacation, entertainment and other purchases.

For his unsuccessful run for governor, he collected more than $3 million dollars from Local 150 of the International Union of Operating Engineers alone. Despite being questioned four times by FBI and IRS agents in summer 2018 about alleged improper spending, he tore through $340,000 in leftover campaign funds for personal expenses in the year after the election.


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