Civil charges are still charges and you can be charged with civil penalties for commission of fraud. There is no "victim" requirement for someone to be convicted of fraud. That is what happens when the State brings a fraud claim. Your love of trump is pertinent to political arguments but when you dip your toe into the legal waters, you end of drowning due to lack of knowledge. This is proven by the fact your only retort was "trump was not charged criminally" yeah...it was a civil suit.. civil suits still carry penalties
New York Consolidated Laws, Penal Law - PEN § 175.45 Issuing a false financial statement Current as of January 01, 2021 | Updated by FindLaw Staff A person is guilty of issuing a false financial statement when, with intent to defraud: 1. He knowingly makes or utters a written instrument which purports to describe the financial condition or ability to pay of some person and which is inaccurate in some material respect; or 2. He represents in writing that a written instrument purporting to describe a person's financial condition or ability to pay as of a prior date is accurate with respect to such person's current financial condition or ability to pay, whereas he knows it is materially inaccurate in that respect. Civil penalties levied against trump were based on a disgorgement of the profits generated from receiving loans at a much more advantageous rate (in case the reliance on trump's personal guarantee established a rate of 4-5% v. 10% due to the existence of the guarantee and related fraudulent financial statements). Thus the "fine" was simply a disgorgement of profits generated due to the fraud. From the New York decision: DISGORGEMENT OF ILL-GOTTEN GAINS [W]here, as here, there is a claim based on fraudulent activity, disgorgement may be available as an equitable remedy, notwithstanding the absence of loss to individuals or independent claims for restitution. Disgorgement is distinct from the remedy of restitution because it focuses on the gain to the wrongdoer as opposed to the loss to the victim. Thus, disgorgement aims to deter wrongdoing by preventing the wrongdoer from retaining ill-gotten gains from fraudulent conduct. Accordingly, the remedy of disgorgement does not require a showing or allegation of direct losses to consumers or the public; the source of the ill-gotten gains is “immaterial.”
Sometimes it is better to admit you dont know what you are talking about rather than avoid google to look up and corect yourself... you dont even know what you just said.. trump was convicted under a criminal fraud statute which proscribes the levying of civil penalties to disgorge profits gained from such fraud. Reading is Fundamental
For all you wannabbe lawyers, here is the decision/action in the trump NY AG case... has all the answers you are looking for issued by the State Supreme Court https://ag.ny.gov/sites/default/files/decisions/trump-decision.pdf
Trump was not convicted criminally and thus, criminal statutes cannot be used. In fact, if criminal statutes were used, then there should have been a jury trial in criminal court. These are avenues of appeal where I expect Trump to be successful eventually.
Again.......google is your friend...you are making yourself look really stupid... Fourth and Fifth Causes of Action Defendants Donald Trump, Allen Weisselberg, Jeffrey McConney, Eric Trump, Donald Trump, Jr., and all of the entity defendants are liable under the fourth cause for action for repeatedly and persistently issuing false financial statements, thus violating Executive Law § 63(12) and New York Penal Law § 175.45. All defendants are liable under the fifth cause of action for conspiracy to submit false financial statements. As detailed in the Findings of Fact, there is ample evidence that each of the individual defendants, with the intent to defraud, “knowingly ma[de] or utter[ed] a written instrument which purports to describe the financial condition or ability to pay of some person and which is inaccurate in some material respect.” PL § 175.45(1). There is even more evidence that each of the defendants participated in a conspiracy to submit false financial statements. It is amazing someone can get owned repeatedly and yet still think they can dig out of the hole...