Mondayâs dramatic bond reduction for former President Donald Trump did nothing to dissipate the dark cloud that his civil-fraud case has cast over New York business deals.
Although investors wonât publicly admit it, the case is having a chilling effect, said Charles Trzcinka, professor of finance at Indiana University-Bloomington.
âIf you talk to people in this market, they are very, very upset ⌠and these are people who are neutral or even opposed to Trump,â Mr. Trzcinka told The Epoch Times. âTheyâre just angry about it.â
In his role at the university, Mr. Trzcinka said he places students in the corporate lending market in New York, making him aware of trends in that sphere.
An appeals courtâs decision to slash the bond by about 60 percent, reducing it to $175 million, still left a massive penalty intact while President Trump continues a legal challenge of Justice Arthur Engoronâs ruling.
Judge Engoron ruled that President Trump and his associates fraudulently overvalued their assets. But Mr. Trzcinka said anyone who thinks President Trumpâs activities in that case were irregular or fraudulent may lack an understanding of typical New York business transactions.
A source familiar with the case explained to The Epoch Times that, normally, business-related cases are handled in the New York courtsâ commercial division.
There, cases are decided by judges who have specific, âsophisticatedâ knowledge of commercial law and business practices.
But the case didnât go that route because New York Attorney General Letitia James found a novel way to use New Yorkâs anti-fraud law.
Because of Ms. Jamesâ unusual application of the law, the case was channeled to a court that would rarely, if ever, handle business-related matters.
Thus, the source said, âThis case proceeded in just a highly irregular fashion from the start.â
The New York Stock Exchange on Wall Street in New York on March 20, 2024. (Charly Triballeau/AFP via Getty Images)
âA Degree of Horrorâ
Legal scholar Jonathan Turley agreed the case is atypical and its repercussions far-reaching.
However, people who dislike President Trump are cheering on Ms. James. She ran for election on a promise to prosecute the former president if she won the post of attorney general.
Before the court-ordered bond reduction, the original $464 million bond amount included a $363 million judgment that Judge Engoron levied against President Trump and his associates, plus 9 percent interest.
Speaking to reporters after the March 25 appellate courtâs decision, President Trump called Judge Engoronâs original decision a âdisserviceâ to New York.
âBusinesses are fleeing,â he said.
The case promises to continue discouraging investors from doing business in the Empire State, Mr. Trzcinka and two other knowledgeable sources told The Epoch Times.
Thatâs not only because of the crippling dollar amounts involved, the sources said, but also because President Trump and his associates were behaving within the bounds of normal business practice and victimized no one.
âAll the parties under this civil case were satisfied,â Mr. Trzcinka said. Yet Ms. James âbrought a case without a victimâ and secured a judgment approaching $500 million.
âI have never heard of a victimless civil case that even won $500,â he said.
(Top L) Former President Donald Trump speaks to the media during a pre-trial hearing in New York City on March 25, 2024. (Top R) New York Attorney General Letitia James (C) watches the start of former Presdient Donald Trump’s civil fraud trial in New York City on Oct. 2, 2023. (Bottom) People enter New York Supreme Court on Jan. 11, 2024. (Brendan McDermid-Pool/Getty Images, Spencer Platt/Getty Images)
Silently Worrying
Businesspeople are afraid to express concerns about the ramifications aloud. Doing so would paint targets on their backsâan underlying reason why President Trump was unable to persuade bonding companies or banks to cover the original $464 million bond, Mr. Trzcinka and the sources said.
âI donât think a bonding company [or a bank] is willing to be associated with Donald Trump ⌠because the attorney general could turn around and sue them, go after them,â Mr. Trzcinka said.
Judge Engoron ruled that President Trump and his associates committed fraud by overvaluing his properties.
Parties involved in real estate transactions tend to exaggerate values in one way or the other, and they âhit each other over the headâ with dueling appraisals, Mr. Trzcinka said.
And, in a case such as this one, âeveryone had the same information and just came to different conclusionsâ as to the valuations, he said. Then the parties negotiated figures and agreed to them.
Unaffordable for a Multi-Billionaire?
Even before interest was added, Judge Engoron slapped President Trump with âthe largest penalty in historyâ for a case of its kind, said Mr. Trzcinka.
He had never heard of such a high penalty imposed for a âsyndicated loan,â which involves civil contracts between a corporate borrower and corporate lenders.
About $355 million of the total order specifically applied to President Trump. In addition, the judge ordered $4 million to be recovered from each of his sons, Eric Trump and Donald Trump Jr., and $1 million from former Trump Organization finance chief Allen Weisselberg.
Even the ultra-wealthy would rarely, if ever, have rapid access to hundreds of thousands of dollars in liquid assets, Mr. Trzcinka and other financial experts say.
Marshaling that much cash to post the bond in just 30 days proved to be a daunting task for President Trump; the appellate courtâs ruling granted him 10 more days to post a reduced $175 million bond.
That decision moved the amount from âthe realm of the impossibleâ into a different category; âitâs expensive but itâs feasible,â a source said.
A number of bonding companies said that the most they could shoulder would be $100 million, President Trumpâs lawyers said in court filings, adding that many people worked countless hours to find possible solutions to the former presidentâs predicament.
Judge Arthur Engoron attends closing arguments in the Trump Organization civil fraud trial in New York City on Jan. 11, 2024. (Shannon Stapleton/POOL/AFP via Getty Images)
Not Like a Parking Ticket
A Trump insider said it was patently unfair to pressure President Trump to materialize those funds so fast.
âThis timeframe is insane,â said the insider, who spoke to The Epoch Times on condition of anonymity. âIâve been given more time to pay a parking ticket in New York City than Donald Trump has been given to pay a $500 million bond.â
In contrast, officials granted President Trump less than one-third that amount of time to fulfill the bond requirement of nearly a half-billion dollars.
On March 22, the former president announced that he had secured almost $500 million in cash. That was just three days before a deadline that authorities set for the bond to be posted. In a post on his Truth Social account, he strongly implied he might use that money to cover the bond.
On March 25, after the appeals court reduced the bond to $175 million, a reporter shouted a question, asking what collateral he would use for that bond. President Trump replied, âcash.â
President Trump did not disclose the specific sources of the money but said he was planning to use a significant portion of the amassed $500 million toward his 2024 presidential campaign.
âDevaluedâ NY Property
President Trump also pointed out that, because of financial disclosure laws, Judge Engoron was aware of how much money he had available.
In a social media post, President Trump alleged Judge Engoron set the penalty to correspond with his disclosed amount of funds.
Citing the very specific dollar amounts listed in the judgment, Mr. Trzcinka said it almost seemed as though the figures came from âa random number-generator.â
(Top) A person walks past the Trump building on Wall Street in New York City on Feb. 17, 2021. (Bottom) The Williamsburg Bridge (top) and the Manhattan Bridge span the East River in New York City on Feb. 12, 2024. (Angela Weiss/AFP via Getty Images, Charly Triballeau/AFP via Getty Images)
In court records, Judge Engoron said he based his decision on the testimony of an expert who calculated how much the defendants benefited from âill-gotten interest rate savingsâ resulting from the inflated value of assets.
President Trump is the Republican Partyâs presumptive nominee to oppose the Democratsâ apparent nominee, President Joe Biden, in the November general election.
President Biden and others have denied political motivations. However, recent evidence has surfaced showing contact between some prosecutors and the White House prior to President Trumpâs indictments.
If President Trump failed to meet the previous 30-day, $464-million bond deadline, Ms. James was poised to begin seizing his assets.
Other businesspeople are looking at this situation, Mr. Trzcinka said, and asking themselves: âIf they can do this to Trump, whatâs going to happen to me?â
If the penalty assessed had been $10 million or less, the case would be far less worrisome. But with the amount exceeding $300 million, âit just crushes the big market,â he said.
Investors have always had to consider cashflow risks and the risk of people filing lawsuits. Because of the Trump case, the risk of adverse government action has just increased exponentially, Mr. Trzcinka said, adding, âas soon as risk goes up, investments go down.â
As a result, the case has âdevalued the property in New York City,â he said. âThis now is a huge problem for them, and it came out of the blue.â
Michael Washburn contributed to this report.
Original News Source Link – Epoch Times
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