Trump, NY attorney general to argue over scope of looming fraud trial
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[September 22, 2023]
By Karen Freifeld and Jonathan Stempel
NEW YORK (Reuters) - Donald Trump's lawyers on Friday will try to
persuade a New York judge to throw out, just 10 days before a scheduled
trial, most or all of state Attorney General Letitia James's lawsuit
accusing the former U.S. president of "staggering" fraud.
Lawyers for James, in contrast, will ask the same Manhattan judge to
find Trump and other defendants, including his adult sons and his Trump
Organization family business, liable for fraud even before a jury starts
hearing evidence.
The looming trial comes as Trump enjoys a dominating lead in the race
for the 2024 Republican presidential nomination, despite facing a slew
of litigation including four criminal indictments where he has pleaded
not guilty.
Justice Arthur Engoron is reviewing James' claims that Trump repeatedly
lied in financial statements to obtain better terms on loans and
insurance.
James has accused Trump of overstating the values of more than 20
properties from 2011 to 2021, including his Mar-a-Lago club in Florida
and Trump Tower penthouse in Manhattan, and inflating his own fortune by
as much as $3.6 billion.
"Based on the undisputed evidence, no trial is required for the court to
determine that defendants presented grossly and materially inflated
asset values," and used them to defraud banks and insurers, James has
said.
Trump has called the lawsuit a "witch hunt."
His lawyers have argued that James has no authority to sue over private
transactions they say were not fraudulent, and that most of her claims
fall outside statutes of limitations.
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New York State Attorney General Letitia James speaks at a news
conference in New York, U.S., September 8, 2022. REUTERS/Caitlin
Ochs/File Photo
They cited a June decision by a state appeals court dismissing
claims against Trump's daughter Ivanka Trump, and various other
claims predating July 2014 or February 2016.
The court left it to Engoron to determine which parts could proceed.
Last week, Trump accused James of ignoring the decision and Engoron
of refusing to implement it, and said the trial should be delayed.
That prompted an appeals court judge on Sept. 14 to temporarily stay
the trial. A five-judge panel is expected to decide next week
whether the trial should proceed.
Engoron has chosen not to appear before the panel, and referred it
to his prior orders.
On Thursday, James called Trump's request for a delay a "brazen and
meritless" attempt to undermine Engoron's authority.
She said even a brief delay "would likely wreak havoc" on the trial
and other trials that Trump faces.
James' lawsuit seeks to bar Trump and his adult sons Donald Jr. And
Eric from running businesses in New York. It also seeks at least
$250 million of penalties.
(Reporting by Karen Freifeld and Jonathan Stempel; Editing by Daniel
Wallis)
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