A New York appeals court recently heard arguments from lawyers representing former President Donald Trump and the New York attorney general’s office regarding a $454 million civil fraud judgment. The main point of contention was whether the judgment should be upheld or thrown out due to the age of the alleged misconduct.
Trump's lawyer, John Sauer, contended that the case should be dismissed based on the statute of limitations and the law of case doctrine. He argued that the conduct in question was too old to be considered, citing a previous ruling by the court that excluded certain conduct and dismissed Ivanka Trump as a defendant.
During the hearing, the appellate court judges raised several questions, particularly focusing on whether Trump's legal team was attempting to limit the attorney general's authority to pursue cases involving 'persistent' and 'repeated' fraud. Presiding Justice Diane Renwick questioned the need to prove harm when the statute specifically referred to persistent fraud.
Sauer emphasized that there were no victims, complaints, or evidence of materiality or reliance in the case. He also noted that the lenders involved had conducted their due diligence. When asked about the potential deterrence effect on others in the marketplace, Sauer suggested that while it might be a consideration, unforeseen consequences could arise in future deals.
It is important to note that this legal challenge is just one of several that Trump is facing as he pursues another presidential campaign. The outcome of this appeal could have significant implications for the ongoing legal battles surrounding the former president.
