The NY case may be setting the stage for Trump to win- Billions of $.

As we watch the cases against Trump in New York and the attempt to destroy him, it occurs to me that Trump might wind up with a massive financial gain. Hard to speculate how much, but tens of billions could be a low number.

Laws vary by state, but all have a common-law tort regarding Malicious Prosecution. The New York case is a textbook example of it. What this does is expose the State of New York, and New York City- to a vast financial liability, one that could result in a judgment for both actual and punitive damages done by the prosecution. The actual would include all the legal expenses of Trump's defense, the loss of income from time diverted to defense, the damage to reputation or business interests, and more. That number could easily be in the billions. Then, the punitive damages- could be 100 times more on top of it. The tendency of a jury to award greater punitive damages in liability litigations- has risen 1000% in 8 years.

I'm not a lawyer, so this is a layman's view and a speculation... But also researched in the guidelines used by lawyers to recognize their options and the viability of a case. Given the conduct and magnitude of the case against Trump, regardless of the judge's case decision, the grounds for malicious prosecution charges are obvious. Should that case follow, Trump might walk away with a huge new fortune.

 

This sums up the OP perfectly

As to trump getting billions from the state because he lied on financial disclosures and defrauded banks / insurers / and the state is laughable. Even for maga

 

Here are the elements of malicious prosecution in New York and why Trump can’t win.

https://orlowlaw.com/police-miscond...rosecution: New,of probable cause, and malice.

so another pathetic and poorly thought out Trumper pipe dream bites the dust.

/thread

 

Well no, Trump isn't going to bother suing New York.
He will, I'm sure, clean out the Southern district of Manhattan DOJ and a few other left leaning DOJ/FBI offices, and the liberals will howl about that for a couple of years.

Now, as to the elements of malicious prosecution;
1) initiation of a proceeding; Duh. Yes, the "proceeding" proceeded.
2) termination favorable to the plaintiff; Remains to be seen. I predict the appeals courts will skewer James and Engoron.
3) lack of probable cause The fundamental problem with the entire case is the lack of a victim. Any first year law student can confirm, to prove any fraud, one must have a victim. James never provided a victim.
4) malice. Duh. James campaigned on a promise she would "get Trump".

 

The liability would not be related to the charges- but to the motive, to damage a political opponent.... You don't get to use the law that way.
IF you had done your homework you would be aware that in all the documents, the lenders were advised by Trump not to rely on the estimates of value in the applications. Standard practice in the finance industry. No deception took place- until the dems went hunting for some way to win other than an honest election... SOP now. It's not even debatable to people in the lending industry; no fraud took place.

 

The State of New York will be happy to take $454 million of them. And there are about 16 of his sexual assault victims waiting in line for their compensations.

After all, it won't make much of a difference to Trump. I mean, there is not much to spend them on when he lives the rest of his life in prison anyway.... After buying cigarettes for all his jail mates at the Prison Commissary, there will still be enough left for other of his victims who will come out later.

 

You are under the illusion that the law applies by your definition? The prosecutors certainly believe that, as does the judge- but they are obsessed with the moment, and that is a passing thing. In the longer term, .... things can be different. If the judge rules against Trump, Trump appeals- and on appeal, would win hands down. That puts the final resolution in his favor.

The real issue to be concerned with is the abuse of process. IF the law can be used to persecute the enemies of those in power- justice is dead for everyone. Any rational person should know that.

 

Don't what you use to promote fantasizing, but it seems to work well.....

 

It doesn’t matter if they file a disclaimer when they have lied about items they have attested to be true.

That there are witnesses showing trump purposely ordered these numbers to be altered show conspiracy to defraud the bank.

 

I would laugh the second hardest time I ever did in my life if he got such a judgment against the state of New York.

The first hardest time was the night he was elected and I saw leftist crying on the TV at 3:00 a.m.

 

I'm already laughing my ass off reading posts from Trump adoring rightists that actually believe this fantasy OP.

 

Even assuming Trump wins his appeal "hands down" he would still have to show there was no probable cause. Basically you would have to show that not one single attorney would find merit in the case. It’s an extremely high bar which is why you don’t see many malicious prosecution cases.

 

That's just it, neither the bank, nor the insurance company were defrauded.

 

The only problem, is finding a fair court in the state of New York.

 

Well, it absolutely matters if trump included a disclaimer.

Why do you think they put those warnings on car batteries not to drink the "water"?

Here's a fun question for you:
Why is it that a bank would have its own property estimators if they relied on trumps numbers? (Another one of the elements of fraud you might recall)

 

And…. Trump will walk into the White House… the corrupt Democrats are only revealing themselves to the American voters…

 

The bank testified under oath that the bank wasn't defrauded. On that, you can kiss your probable cause good bye.

 

You don't see this level of malicious prosecution often either- as in, not in my lifetime ever. Off the charts wacko; and that opens doors to radical consequences. This is speculation- nothing may happen.... but the probable cause is there. When you start twisting laws to do dirty deeds, you set precedents.

 

Interesting.

 

I have asked this question many times without an answer. A well-known investor said what Trump did is common practice and I am sure it is. He knows you can't pull the wool over the eyes of experienced bankers. They do their own checking. Doesn't matter if Trump himself said there was 100,000 square feet and did his own appraisal. The bank basically ignores that. Matter of fact, they will make the CUSTOMER pay for THEIR appraisal. Here are the rules in New York:

In New York, when seeking a loan against a high-value commercial property worth over ten million dollars, the customary practice typically involves the following steps:
Appraisal Requirement:
Given the substantial value of your property, most lenders would require an appraisal.

Lender Responsibility:
It is customary for the bank to handle the appraisal process.
The bank will engage a professional appraiser to evaluate the property thoroughly.

In most cases, yes, you would be responsible for the upfront cost of the appraisal for a multi-million dollar commercial loan application. Here's the breakdown:
Who Orders the Appraisal: Banks will typically select and hire a licensed appraiser from their approved panel to ensure impartiality.
Who Pays: The borrower (you) usually cover the appraisal fee.
There might be exceptions depending on the specific bank and loan program. Here are some possibilities:
Negotiation: In some cases, you might be able to negotiate with the bank regarding the appraisal fee. This could involve splitting the cost or incorporating it into the loan itself.



Therefore, Donald Trump himself PAID for the loan upon which the BANK loaned the money, and since the bank used THAT appraisal, there is no fraud, regardless of any other documents or information that Trump may have provided, because the bank did not consider said documents. In essence, they threw them in the trash and went with an impartial appraiser paid for by Trump.

 

They were though. As was the state.
The court agrees

So as of today — legally — that is the decision
Now if it holds up on appeal with very firm evidence that trump committed fraud, that is to be seen.

 

Yep… and all of that would have been debated in a normal trial…. But instead was a judgement declared by a single judge, BEFORE any trial was ever held…

 

Not if they purposely altered or concealed data that would have changed the lending.

Because batteries are not drinkable…
That you believe this is a good analogy is fascinating

Here, let’s stay in real estate — if you submit a sellers document saying you are not aware of any water damage and they should check (your ultimate idea of a disclosure) or mold in your property and it comes back that you purposely concealed these issues — are you liable. Yes or no? Consult Google if you are not sure.

They have to take some numbers as provided to figure out potential value of commercial properties.

How would a bank know rent rolls, income, profit and loss on a property? Do you think they have some way of determining that without the applicant?

They can verify things like square footage and level of upgrades (two additional things trump lied about) but what the actual property is earning is another item entirely.

 

Y’all’s argument thus far is basically yes, trump tried to defraud them by using phony numbers but it’s there job to catch it and if they didn’t trump shouldn’t be liable.

It’s extremely fascinating how y’all praise this man

 

Keep the faith bro ! Orange man bad yo !