Trump Says He Might Have to Sell Properties to Pay $454 Million Penalty
The ex-president, who is appealing the penalty in his civil fraud case, offered a bond of only $100 million to pause the judgment.
By Ben Protess and Kate Christobek
Feb. 28, 2024
The ex-president, who is appealing the penalty in his civil fraud case, offered a bond of only $100 million to pause the judgment.
www.nytimes.com
Donald J. Trump offered a New York appeals court on Wednesday a bond of only $100 million to pause the more than $450 million judgment he faces in his civil fraud case, saying that he might need to sell some of his properties unless he gets relief.
It was a stunning acknowledgment that Mr. Trump, who is racing the clock to either secure a bond from a company or produce the full amount himself, lacks the resources to do so. Without a bond, the New York attorney general’s office, which brought the fraud case, could seek to collect from Mr. Trump at any moment.
Mr. Trump’s lawyers also asked the court to delay a wide range of other punishments the judge in the fraud case levied in his decision earlier this month. They include a prohibition on obtaining a loan from a New York bank for three years and a ban on running a company in the state during that same period.
One appellate court judge was hearing the request from Mr. Trump on Wednesday afternoon and was expected to issue a decision shortly after. If the judge were to grant the pause, it would be only temporary; Mr. Trump would still have to persuade a larger panel of appellate judges to keep the judgment on hold.
In seeking relief, Mr. Trump’s lawyers disclosed that they would be unable to secure a bond for the full amount, raising the prospect that he might soon default on the judgment if the appeals court denies his request. Without a stay, Mr. Trump’s lawyers warned, he likely would have to sell some of his New York properties “under exigent circumstances,” in what would be a punishing blow to the former president.
“The exorbitant and punitive amount of the judgment coupled with an unlawful and unconstitutional blanket prohibition on lending transactions would make it impossible to secure and post a complete bond,” the lawyers wrote.
Posting bond for the full amount would prevent the attorney general, Letitia James, from collecting the judgment until Mr. Trump’s appeal is resolved. Under New York law, Ms. James can seize Mr. Trump’s bank accounts and potentially take control of his New York properties.
Ms. James built her case on the accusation that Mr. Trump had fraudulently inflated his net worth by as much as $2 billion.
Mr. Trump’s net worth is largely derived from real estate, not cash. As of last year, he was sitting on more than $350 million in cash, as well as stocks and bonds he could sell in a hurry, according to a recent New York Times review of his financial records.
But the sum of the judgment in the civil fraud case and the $83.3 million judgment that Mr. Trump faces from a defamation trial involving the writer E. Jean Carroll far eclipses his stockpile of cash.
In its own filing, Ms. James’s office asked the appeals court to deny Mr. Trump’s request.
“There is no merit to defendants’ contention that a full bond or deposit is unnecessary because they are willing to post a partial undertaking of less than a quarter of the judgment amount,” the attorney general’s office wrote. “Defendants all but concede that Mr. Trump has insufficient liquid assets to satisfy the judgment.”
This is a developing story and will be updated.