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re: Someone explain the Trump fraud case to me?
Posted on 9/28/23 at 5:52 am to dukkbill
Posted on 9/28/23 at 5:52 am to dukkbill
quote:
The judge disregarded the expert statement due to lack of definite ness and made the determination based on 2300% percent increase from the values in the record (namely the then tax appraisal and the Trump owned company’s statement of value). The judge did not make a finding on the current or past value of the property. Similar analysis with different facts were performed on other properties
The judge used appraised value and disregarded finding a market value. These are his matters of record.
He’s off by at least over 1000%.
Is that not……. fraud?
Posted on 9/28/23 at 7:56 am to Meauxjeaux
quote:
The judge used appraised value and disregarded finding a market value. These are his matters of record.
I may not understand your point. The judge would not determine a market value. He would allow evidence of what the party believed the market value to be. A jury would not be charged to determine the market value either. It would just be charged to determine if the defendants reasonably believed that value. It’s not a question of the value, it’s whether someone reasonably believed the value when they represented it
The defendants didn’t offer any evidence on the basis of belief, just the statement that a real estate agent could find a buyer (at least according to the judges decision). I’d hope most judges would allow that testimony, but the judge disallowed consideration based on NY law, and thus determined no reasonable person could conclude that a statement of value that is 2300% above appraised value was not knowingly false with an intent to deceive
That will get appealed, but it’s likely without impact. The trial is jury waived, so if the testimony would be allowed, the judge would still make the determination based on what he reasonably believe ( as opposed to any reasonable person)
IMHO, the other appeal is more impacful. The likely reason the defense didn’t provide any contemporaneous evidence of value is because they didn’t have it. There record retention policy likely doesn’t go back that far. If the appeals court ruled that other evidence is too aged to be used, there could be less evidence of value by the AG, and thus, they couldn’t make their prima facile case
This post was edited on 9/28/23 at 7:58 am
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