NEW YORK (AP) — For years, Donald Trump punctuated his reality TV spiels and presidential speeches with claims that his business and his many gold-plated properties were “huge,” “amazing,” the
www.winchesterstar.com
Hilarious . How many threads did the tards start spraying their shorts over the latest we got him now story ?
A few highlights because it’s way too long for them to read and a little over their heads to understand .
Lawyers who examined the details of the allegations told The Associated Press that while Attorney General Letitia James could potentially bring a lawsuit alleging fraud, she will face two major hurdles: proving both an intent to deceive and that banks that loaned Trump money were actually fooled.
“Were you sloppy, lazy or overoptimistic about your prospects? If you were, that may be bad business, but it doesn’t necessarily rise to fraud,” said Will Thomas, an assistant professor of business law at the University of Michigan.
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One important question is whether any misrepresentations in the company's financial statements "were intentional, knowing and intended to deceive,” said David S. Weinstein, a former federal prosecutor who reviewed the evidence for AP.
Intent is difficult to prove with real estate because it is an illiquid asset whose value, unlike publicly traded shares, isn’t being set by different investors constantly buying and selling, but by estimates, and often flawed ones.
“Even experts applying the same set of valuation tools might reasonably disagree about the ultimate valuation,” Thomas said.
Another problem is proving that banks, insurers and others doing business with the Trump Organization actually believed the false numbers.
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One potential problem for the attorney general is that many of the company's financial statements included a line warning that the numbers were not audited, a warning that Trump lawyers are sure to highlight in any case.
Daniel Horwitz, a former Manhattan district attorney prosecutor, says its unclear that any professional lenders or insurers would have relied on those documents, or not taken them with a grain of salt.
“Were they fooled, were they duped? Did the lenders care about this? If they didn’t really care about mistakes or inaccuracies, it’s going to be pretty difficult to prove a case,” he said.