{"id":10282,"date":"2023-12-19T04:59:30","date_gmt":"2023-12-19T04:59:30","guid":{"rendered":"https:\/\/imsfund.com\/?p=10282"},"modified":"2023-12-19T04:59:30","modified_gmt":"2023-12-19T04:59:30","slug":"trump-judge-in-ny-fraud-case-slams-credibility-of-paid-defense-expert","status":"publish","type":"post","link":"https:\/\/imsfund.com\/index.php\/2023\/12\/19\/trump-judge-in-ny-fraud-case-slams-credibility-of-paid-defense-expert\/","title":{"rendered":"Trump judge in NY fraud case slams credibility of paid defense expert"},"content":{"rendered":"<p> <br \/>\n<\/p>\n<div id=\"RegularArticle-ArticleBody-6\" data-module=\"ArticleBody\" data-test=\"articleBody-2\" data-analytics=\"RegularArticle-articleBody-6-2\"><span class=\"HighlightShare-hidden\" style=\"top:0;left:0\"\/><\/p>\n<div class=\"InlineImage-imageEmbed\" id=\"ArticleBody-InlineImage-107347623\" data-test=\"InlineImage\">\n<div class=\"InlineImage-wrapper\">\n<div>\n<p>Republican presidential candidate, former President Donald Trump arrives at a campaign event at the Hyatt Hotel on December 13, 2023 in Coralville, Iowa.\u00a0<\/p>\n<p>Scott Olson | Getty Images News | Getty Images<\/p>\n<\/div>\n<\/div>\n<\/div>\n<div class=\"group\">\n<p>The judge presiding over the high-stakes civil business fraud trial of former President <a href=\"https:\/\/www.cnbc.com\/donald-trump\/\">Donald Trump<\/a> harshly questioned the credibility of a key expert defense witness, suggesting his testimony was influenced by his nearly <a href=\"https:\/\/www.cnbc.com\/2023\/12\/08\/trump-pac-paid-part-of-nearly-900000-fee-to-fraud-trial-expert-witness.html\">$900,000 fee<\/a>.<\/p>\n<p>The expert, New York University Accounting Professor Eli Bartov, told CNBC he was &#8220;shocked&#8221; by the judge&#8217;s remarks and denied that his payment played a role in his assessment.<\/p>\n<p>Manhattan Supreme Court Judge Arthur Engoron slammed Bartov in a Monday evening ruling denying the defendants&#8217; latest request for a directed verdict in the $250 million case.<\/p>\n<p>&#8220;Bartov is a tenured professor, but all that his testimony proves is that for a million or so dollars, some experts will say whatever you want them to say,&#8221; Engoron wrote in the three-page ruling.<\/p>\n<p>It is common for experts to be paid by the party asking for their involvement in a lawsuit, but opposing parties \u2014 or in this case, a judge \u2014 can use that compensation to question the expert&#8217;s credibility.<\/p>\n<p>&#8220;The most glaring flaw&#8221; in the defendants&#8217; bid to scrap the case for lack of evidence, Engoron wrote, is their assumption that their experts&#8217; testimony &#8220;is true and accurate, or at least that the Court, as the trier of fact, will accept it as true and accurate.&#8221;<\/p>\n<p>The judge wrote that Bartov&#8217;s &#8220;overarching point&#8221; was that the financial statements at the heart of the case &#8220;were accurate in every respect.&#8221;<\/p>\n<p>But Engoron noted that he had already found that those financial records &#8220;contained numerous obvious errors&#8221; before the trial even began. &#8220;By doggedly attempting to justify every misstatement, Professor Bartov lost all credibility,&#8221; Engoron wrote.<\/p>\n<p>Bartov said that Engoron&#8217;s description of his testimony was a &#8220;complete mischaracterization.&#8221;<\/p>\n<p>He said his testimony acknowledged that the financial statements contained errors, such as the valuation of Trump&#8217;s triplex apartment in Manhattan&#8217;s Trump Tower.<\/p>\n<p>But he found those errors to be inadvertent, rather than fraudulent, he said.<\/p>\n<p>&#8220;I&#8217;m shocked that the judge mischaracterized my testimony in this way,&#8221; Bartov said.<\/p>\n<p>James&#8217; office said Trump&#8217;s financial records reported the Manhattan triplex as being 30,000 square feet, nearly three times its actual size. The apartment in 2015 was valued at $327 million, more than triple the value of the most expensive apartment ever sold in New York City, according to the AG&#8217;s office.<\/p>\n<p>That ruling found Trump and his co-defendants liable for fraudulently misstating the values of real estate properties and other key assets, the central claim of the civil lawsuit brought by New York Attorney General Letitia James.<\/p>\n<\/div>\n<div class=\"group\">\n<div class=\"RelatedContent-relatedContent\" id=\"RegularArticle-RelatedContent-1\">\n<div class=\"RelatedContent-container\">\n<div class=\"RelatedContent-nonCollapsibleContent\">\n<h2 class=\"RelatedContent-header\">Read more CNBC politics coverage<\/h2>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<div class=\"group\">\n<p>Engoron in Monday&#8217;s decision noted that the defendants have made at least five attempts for a directed verdict in the case, all of which have been denied.<\/p>\n<p>Trump, in a lengthy statement on <a href=\"https:\/\/truthsocial.com\/@realDonaldTrump\/111604044153330583\" target=\"_blank\" rel=\"noopener\">Truth Social<\/a>, blasted Engoron&#8217;s latest ruling. He repeated various claims that he has frequently put forward in defense of the financial statements, including claiming that his Palm Beach resort home Mar-a-Lago is worth up to $1.8 billion.<\/p>\n<p>Trump also defended Bartov against Engoron&#8217;s criticisms.<\/p>\n<p>&#8220;Judge Engoron challenges the highly respected Expert Witness for receiving fees, which is standard and accepted practice for Expert Witnesses,&#8221; Trump wrote. &#8220;The ignorant Judge did not even try to listen to the Expert witness. This is a great insult to a man of impeccable character and qualifications.&#8221;<\/p>\n<p>Bartov also defended himself against Engoron&#8217;s insinuation that he was swayed by money.<\/p>\n<p>The professor said in his trial testimony, and in a deposition over the summer, that he was being compensated at a rate of $1,350 an hour for his involvement with the defense.<\/p>\n<p>He said on the stand that he logged 650 billable hours, which adds up to $877,500 in compensation.<\/p>\n<p>He also noted that Save America, the political action committee backing Trump&#8217;s 2024 presidential campaign, had paid some of those bills, while the Trump Organization paid the rest.<\/p>\n<p>Bartov told CNBC that he had charged the same hourly rate in other cases, adding that he was &#8220;very efficient&#8221; with his time in this case because he had worked without the support of a consulting firm.<\/p>\n<p>Bartov maintained that &#8220;the fee played no role&#8221; in his evaluation.<\/p>\n<p>The ten-and-a-half week trial was held to determine damages and resolve James&#8217; other claims of wrongdoing against Trump, his adult sons Donald Trump, Jr. and Eric Trump, the Trump Organization and its top executives.<\/p>\n<p>James seeks $250 million in damages and wants to permanently bar Trump and his sons from running another New York business.<\/p>\n<p>The parties are set to deliver closing arguments on Jan. 11.<\/p>\n<\/div>\n<\/div>\n<p><br \/>\n<br \/><a href=\"https:\/\/www.cnbc.com\/2023\/12\/18\/trump-judge-in-ny-fraud-case-slams-credibility-of-paid-defense-expert-.html\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Republican presidential candidate, former President Donald Trump arrives at a campaign event at the Hyatt Hotel on December 13, 2023 in Coralville, Iowa.\u00a0 Scott Olson | Getty Images News | Getty Images The judge presiding over the high-stakes civil business fraud trial of former President Donald Trump harshly questioned the credibility of a key expert 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