New York judge finds Donald Trump liable for fraud

Discussion in 'Politics' started by gwb-trading, Sep 26, 2023.

  1. Atlantic

    Atlantic

    those nuts are throwing away their life ... for nothing

    they deserve whatever they get
     
    #221     Oct 3, 2023
  2. Bugenhagen

    Bugenhagen

    Form the link, this is probably the cleanest summary of yesteday around.

    One Trump lawyer getting things on the record for the appellant court appeal and the other working in Trump's propoganda talking points for his Tugger show.

     
    #222     Oct 3, 2023
  3. gwb-trading

    gwb-trading

    Looks like the networks are not putting up with Trump holding campaign events at courthouse hearings. Especially when he is threatening the AG and judge.

    CNN cuts off Trump for holding 'campaign event' at New York courthouse
    https://www.rawstory.com/cnn-donald-trump-court/

    CNN cut Donald Trump's microphone on Monday because the network considered he was effectively holding a "campaign event" ahead of his trial at a New York courthouse.

    Trump spoke to reporters as he entered court for his $250 million civil fraud trial.

    "We have a racist attorney general who's a horror show who ran on the basis she's going to get Trump before she even knew anything about me," Trump began. "And this is what we have. It's a scam. It's a sham. Just so you know, my financial statements are phenomenal."

    At that point, CNN's John Berman cut away from Trump.

    "I think now we know for sure this is a campaign event for Donald Trump more than a legal proceeding," Berman said. "Yes, he is going to walk into that courtroom, but it does appear that what actually takes place in the courtroom in the next few minutes may be incidental compared to what he feels he can get out of it for campaign purposes."

    MSNBC also cut away from Trump moments later. Fox News aired his entire remarks.

    Watch the video from CNN below or at this link.
     
    #223     Oct 3, 2023
  4. gwb-trading

    gwb-trading

    #224     Oct 3, 2023
  5. gwb-trading

    gwb-trading

    "I think it's very unfair I don't have a jury" whines twice impeached defendant who doesn't have a trial by jury because his lawyers elected to not have one.

    Why it's not 'very unfair' that Trump's fraud case lacks a jury
    Trump whined about not having a jury in his New York civil case. But he may only have himself (and the law) to blame.
    https://www.msnbc.com/deadline-whit...g/trump-bench-trial-new-york-fraud-rcna118455
     
    #225     Oct 3, 2023
  6. Bugenhagen

    Bugenhagen

    From CNN, well there it is.

    "Engoron noted that the attorney general is suing Trump not on the underlying transactions but on the financial statements that referenced them, which occurred after 2014 and are included in the AG’s claims.

    "Every use of a false financial statements in business starts the statute of limitations running again,” Engoron said. "I understand that the defendants strongly disagree with this and will appeal on those grounds."
    Leaving court Monday, Trump incorrectly claimed that the judge had agreed that 80% of the attorney general’s case was thrown out because of the statute of limitations."
     
    #226     Oct 3, 2023
  7. Bugenhagen

    Bugenhagen

    Sometimes I wonder what would be required to let people posting know what came before? I guess AI could challenge the poster and before publishing showing them that they repeating points put to bed.

    Facebook is of course a thousand times worse. I only use it to mod some hospice volunteer/medical stuff and some forge groups. But in the medical groups where new people with an illness turn up every day it's like the movie Memento. The endless restating of basic facts never ends.
     
    Last edited: Oct 3, 2023
    #227     Oct 3, 2023
    Frederick Foresight likes this.
  8. Bugenhagen

    Bugenhagen

    Out of curiosity I put the judge's statement through Bard which one must understand is prone to making shit up aka AI 'hallucination' but this may interest some. This of course is talking in general terms, not specifically New York.

    The statement "Every use of a false financial statements in business starts the statute of limitations running again" is not entirely accurate. The statute of limitations for a particular offense begins to run on the date that the offense is committed. In the case of false financial statements, the offense is committed on the date that the false statements are first issued or used.

    Subsequent uses of the false financial statements will not restart the statute of limitations, unless they can be considered new and separate offenses. For example, if a company issues false financial statements to investors in order to raise capital, and then later uses the same false statements to obtain a loan from a bank, the statute of limitations for the first offense will not be restarted by the second offense. However, if the company uses the false financial statements to commit a separate crime, such as mail fraud or wire fraud, then the statute of limitations for that new offense will begin to run on the date that the new offense is committed.

    There is one exception to this general rule. If the government can prove that the defendant knowingly and fraudulently concealed the false financial statements, then the statute of limitations will be tolled (suspended) until the government discovers the fraud. This means that the government will have additional time to file charges, even if the statute of limitations would otherwise have expired.

    Overall, the statement that "Every use of a false financial statements in business starts the statute of limitations running again" is oversimplified. While subsequent uses of false financial statements may lead to new and separate offenses, they will not automatically restart the statute of limitations for the original offense.

    Here is an example to illustrate:

    • 2023-01-01: Company A issues false financial statements to investors.
    • 2023-02-01: Company A uses the false financial statements to obtain a loan from a bank.
    • 2023-05-01: The government discovers that Company A issued false financial statements.
    The statute of limitations for the original offense (issuing false financial statements) began to run on 2023-01-01. The subsequent use of the false financial statements on 2023-02-01 does not restart the statute of limitations for that offense. However, the government may be able to file charges against Company A for mail fraud or wire fraud, depending on how the false financial statements were used to obtain the loan. The statute of limitations for mail fraud and wire fraud is five years, but it is tolled until the government discovers the fraud. Therefore, the government would have five years from the date it discovered the fraud (2023-05-01) to file charges against Company A for mail fraud or wire fraud.

    So I asked if this applied to NY specifically.

    Yes, the statute of limitations for false financial statements in New York state court is the same as the federal statute of limitations. Both the federal and state statutes of limitations begin to run on the date that the false financial statements are first issued or used.

    The New York Civil Practice Law and Rules (CPLR) Section 213(8) states that an action based upon fraud must be commenced within six years of the date the cause of action accrued, or within two years of the time the plaintiff discovered or could have discovered the fraud with reasonable diligence, whichever is greater. However, the New York False Claims Act (NYFCA) creates a special statute of limitations for false financial statements used to defraud the state or local government. The NYFCA states that a civil action under the NYFCA must be commenced no later than ten years after the date on which the violation of the NYFCA is committed.

    The New York Court of Appeals has held that the NYFCA's ten-year statute of limitations applies to both civil and criminal claims. This means that the government has ten years to bring criminal charges against a defendant for issuing false financial statements to defraud the state or local government.

    In conclusion, the statute of limitations for false financial statements in New York state court is the same as the federal statute of limitations. The statute of limitations begins to run on the date that the false financial statements are first issued or used, and it is ten years for both civil and criminal claims

    https://fhnylaw.com/fraud-claim-dis...could-not-avail-itself-of-the-discovery-rule/
     
    #228     Oct 3, 2023
  9. Atlantic

    Atlantic

    how many diapers does trump need on days like these?
     
    #229     Oct 3, 2023
    Bugenhagen likes this.
  10. Depends.
     
    Last edited: Oct 3, 2023
    #230     Oct 3, 2023
    Bugenhagen and Overnight like this.