Tag: golf
New York Judge Gives Trump Organization The 'Corporate Death Penalty'

New York Judge Gives Trump Organization The 'Corporate Death Penalty'

Reprinted with permission from DCReport

Donald Trump is no longer in business.

Worse, the self-proclaimed multibillionaire may soon be personally bankrupt as a result, stripped of just about everything because for years he engaged in calculated bank fraud and insurance fraud by inflating the value of his properties, a judge ruled Tuesday.

His gaudy Trump Tower apartment, his golf courses, his Boeing 757 jet and even Mar-a-Lago could all be disposed of by a court-appointed monitor, leaving Trump with not much more than his pensions as a one term president and a television performer.

A New York State judge on Tuesday cancelled all of the business licenses for the Trump Organization and its 500 or so subsidiary companies and partnerships after finding that Trump used them to, along with his older two sons, commit fraud.

Under the New York General Business Law you can only do business in your own name as a sole proprietor or with a business license, which the state calls a “business certificate.” All of Trump’s businesses were corporations or partnerships that require business certificates.

The civil fraud case was brought by Letitia James, the elected attorney general of New York State.

The evidence and the issues were so clear cut, Judge Arthur F. Engoron ruled on Tuesday, that there was no reason to waste the court’s time trying them.

In a 35-page decision, Judge Engoron also excoriated Trump and his lawyers for making nonsense arguments, so badly misquoting legal cases that they turned the law upside down, and other legal misconduct.

Five Trump lawyers were each fined $7,500 for making “frivolous” arguments.

A judge calling a lawyer’s argument “frivolous” is the equivalent of saying it is no better than nonsense from a drunk in a bar, as I teach my Syracuse University College of Law students.

Those lawyers may well find it wise to hire their own lawyers as Judge Engoron’s findings could form the basis of disbarment proceedings, something already underway against Trump lawyers Rudy Giuliani, the former federal prosecutor, and John Eastman, a former dean of the Chapman University School of Law in Orange, Calif.

In 2015 Trump claimed his net worth was north of $10 billion. When he became president, he asked if he could file his federally required financial disclosure statements without signing them under penalty of perjury. That request was denied. The statement Trump then filed, by my counting, showed a net worth of not much more than $1 billion, but was based on fantastical assertions of value.

News organizations, except DCReport, told their audiences next to nothing about how from June 2015 to January 2017 Trump’s claimed net worth fell by roughly 90 percent.

Trump will, of course, appeal. He is already suing the judge, so far without success.

I give Trump’s chances of prevailing on appeal at somewhere between zero and nothing except perhaps on some minor procedural point, which you can be sure Trump will describe as complete vindication.

The summary judgement decision Tuesday was partial, however.

A non-jury trial before Judge Engoron next week will determine how much Trump will be fined for his years of bank fraud and insurance fraud.

Barring a highly unlikely reversal by an appeals court, Trump’s business assets eventually will be liquidated since he cannot operate them without a business license. Retired Judge Barbara Jones was appointed to monitor the assets, an arrangement not unlike the court-supervised liquidation of a bankrupt company or the assets of a drug lord.

Creditors, any fines due the state because of the fraud, and taxes will be paid first from sales of Trump properties.

The various properties are likely to be sold at fire sale prices and certainly not for top dollar when liquidation begins, probably after all appeals are exhausted.

Among these properties is the portion of Trump Tower that Trump still owns and leases to businesses as office and retail space; his own triplex apartment there; his golf courses; and Mar-a-Lago, the Florida mansion he bought in a corrupt mortgage deal decades ago. He also has deals to license his name on buildings and businesses, which similarly he can no longer operate and whose profits he must give up.

The fact that Trump assigned values two, four, ten times and more above their actual values indicates that once all of the priority bills are paid there will be little to nothing left for Trump.

Trump, for example, has claimed that his Westchester County mansion north of Manhattan was worth close to $300 million, ten times the highest valuation by appraisers and bankers. Even those valuations may be inflated because of restrictions on developing the 30-acre property with more mansions.

Trump asserted in annual financial summaries that his gaudy Trump Tower triplex was about 30,000 square feet when it is closer to 10,000 square feet, testimony showed. He also valued the residence at as much as $200 million more than its highest appraised value.

The judge noted that these were not small differences that might be due to an apartment having, for example, an odd shape.

Trump of course will appeal. Trump always insists he has done nothing wrong and in this civil matter is the victim of a judge who doesn’t know the law. It’s a laughable argument.

Trump, in his own mind, can do and never has done anything wrong. Indeed, in 2016 he told a radio show host that as a Christian he has never asked for godly forgiveness because he has never done anything in his life that would require seeking forgiveness. No actual Christian would say that, nor would a Christian say, as Trump has many times, that his life philosophy is a single word: revenge.

When Trump was deposed by the state attorney general’s litigators, he cited his Fifth Amendment right against self-incrimination hundreds of times.

He also asserted that his annual financial statements were meaningless and everyone in the banking and insurance fields knew to pay them no heed so the judge shouldn’t either.

Judge Engoron rejected the idea that one can put out financial statements that are meaningless. As Judge Engoron wrote about the fantastical financial valuations and bizarre and baseless arguments Trump made in court:

“In defendants’ world rent-regulated apartments are worth the same as unregulated apartments; restricted land is worth the same as unrestricted land; restrictions can evaporate into thin air. That is a fantasy world, not the real world.”

The carefully written 35-page decision by Judge Engoron is known as a partial summary judgment. The judge found that on most of the civil fraud case brought by Letitia James, the state attorney general, there were no issues in dispute because James got the law and the facts exactly right and Trump had nothing but distortions, lies and baseless denials.

The principal issue to be decided at a trial scheduled to start Monday, Oct. 2, is how much Trump will be fined.

Trump also argued that since he paid his bank loans and insurance premiums on time no one was hurt. He argued against “restitution.”

The judge noted that the case is not about restitution but disgorging ill-got gains.

Here’s the analogy I will teach my students: Suppose your employer is closing for a day and when business is done you swipe $100 from the cash register, go to the racetrack, make a winning bet and before business resumes you put back $100.

You still committed a crime and if get caught you forfeit the track winnings as the proceeds of your ill-got gain — that’s disgorgement.

Trump also made the ludicrous claim that the state attorney general had no power to sue him, that she lacked what the law calls “standing” to file a case because she was not harmed.

Judge Engoron noted that state law specifically authorizes the attorney general to sue in such cases on behalf of the people of the state.

The fact is that Trump’s bizarre, fact-free, and frivolous arguments may enthrall those who see him as their hero or savior, but in a court of law all Trump could present was distortions, lies, and childish nonsense.

David Cay Johnston, a former columnist for The National Memo, co-founded DCReport. He is a best-selling author, investigative journalist and former reporter for The New York Times, where he won a Pulitzer Prize in 2001. He teaches at Syracuse University College of Law

With Changing Climate, Let's Not Expect Green Lawns In Las Vegas

With Changing Climate, Let's Not Expect Green Lawns In Las Vegas

One can well understand the allure of the American Southwest. Shirtsleeves in February. Natural beauty under a big starry sky. But as the region's water shortage approaches crisis levels, newcomers — and old-timers — may have to give up the idea that the good life includes a lush green lawn.

Las Vegas isn't Buffalo without the snow. Grass grows in Buffalo with minimal effort. Not so in Las Vegas, set in the Mojave Desert.

Grass needs lots of water, and the region's supplies are so strained that Las Vegas is sending out contractors to dig up "nonfunctional turf." The city defines "nonfunctional" as grass kept only for its good looks — in practice, grass along streets or at commercial sites.

Over 40 million people rely on the stressed Colorado River for water. Water levels in the river's two big reservoirs, Lake Powell and Lake Mead, are at historic low levels. Meanwhile, the other source that has provided water forever, underground aquifers, are drying up. Climate change and growing populations are making shortages worse.

As a result, states in the Southwest are facing a hard reality: Greenswards and gurgling fountains may become part of an unrealistic past.


Where water is scarcer, its distribution must be tightly managed. Layers of federal and local agencies must make the hard decisions about who gets how much water and for what. They have no choice but to tighten the rules.

That's why being rich and famous in the Southern California city of Calabasas still doesn't guarantee you a green lawn. Residents there are now limited to watering only eight minutes one day a week.

There's a reason golf was invented in Scotland. The weather there is cool and rainy, and that's what makes grass happy.

Not so in the Sonoran Desert, where Phoenix happens to be located. Phoenix is hot, dry and booming with new arrivals taking showers and flushing toilets.

And so it makes sense to ask why the Phoenix area has 165 golf courses. Having formed an alliance to defend their water allocations, the owners argue that year-round golf is important to the region's economy. That may be so, but couldn't they change the idea of what a golf course looks like?

Arizona farms use over half of the available water. Now getting less water than in previous years, they, too, have banded together. Perhaps the time has come for some of them to stop growing thirsty crops like cotton in the desert.

And what about homeowners? Arizona's cities and suburbs are still largely shielded from drastic cutbacks in water use, but a green lawn may no longer be in the cards.

The good news is that desert vegetation has its own charms. This Old House aired an interesting episode on landscaping a front yard in Phoenix. The result was largely a hardscape of pavement and rocks with spots of desert-friendly mesquite, lantana and, of course, cactus. One plant, the red yucca, offered dramatic blooms eight months a year.

No, it wasn't the opulent green carpets of Connecticut. On the other hand, you don't get eight months of bloom in Connecticut.

A reduced Colorado River has ignited new worries not directly tied to irrigation. Lake Powell has been a source of hydropower. Its water level has fallen so low that it soon may no longer be able to produce electricity serving millions of Westerners. Lake Powell is now down to 27 percent of capacity.

Mother Nature is a disciplinarian. If you want a lot of rain, move to Hawaii or Louisiana or Mississippi. Otherwise, learn to love the desert the way the Creator made it. Really, there's little choice in the matter.

Reprinted with permission from Creators.

Trump golfs

At DNC, Bernie Sanders Says ’Nero Fiddled, Trump Golfs’

Sen. Bernie Sanders (I-VT) gave a keynote address at the Democratic National Convention Monday night, slamming Donald Trump's failure to contain the COVID-19 pandemic and connecting that failure to the ongoing economic crisis plaguing the country.

To date, more than 5.4 million people have been infected with the coronavirus in the United States, and 170,419 have died. Trump's critics and health experts alike have said that the administration's slow response to the pandemic only served to worsen its impact and the still-rising death toll.

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#EndorseThis: Seth Meyers Explains The Hypocrisy Of Trump’s ‘Working Vacation’

#EndorseThis: Seth Meyers Explains The Hypocrisy Of Trump’s ‘Working Vacation’

Late Night host Seth Meyers on Monday took “A Closer Look” at President Trump’s 17-day “working” vacation at his golf course in Bedminster, New Jersey. Were you aware of how frequently Trump, on the campaign trail, trashed then-President Obama for golfing? Or that Trump enlisted former CNN contributor Kayleigh McEnany for a cheesy, propagandistic “real news” broadcast out of Trump Tower in New York?

“It’s pizza day in the cafeteria,” Meyers mocked. “But you won’t hear that from thee failing New York Times.”

https://www.youtube.com/watch?v=0SMGaQqHyTo