Trump is unable to post $464 million bail in a civil fraud case, lawyers say

(Jeff Dean/Associated Press)

Trump is unable to post $464 million bail in a civil fraud case, lawyers say

Election 2024

MICHAEL R. SISAK

March 18, 2024

Donald Trump’s lawyers told a New York appeals court on Monday that it is impossible for him to post a bond covering the full amount of his $454 million civil fraud judgment while he appeals.

The former president’s lawyers wrote in a court filing that obtaining bail for the full amount of the judgment is not possible under the circumstances presented.

With interest, Trump owes $456.8 million. In total, he and his co-defendants, including his company and top executives, are owed $467.3 million. To obtain a bond, they would have to post collateral worth $557 million, Trump’s lawyers said.

A state appeals court judge ruled last month that Trump must post a bond covering the full amount to pause the execution of the sentence, which is set to begin March 25.

Judge Arthur Engoron ruled in February that Trump, his company and top executives, including his sons Eric and Donald Trump Jr., schemed for years to deceive banks and insurers by boosting his wealth with financial statements used to secure loans and close deals.

Among other penalties, the judge imposed strict limits on the ability of Trump’s company, the Trump Organization, to do business.

Trump is asking a full panel of the state’s interim appeals court to suspend the verdict while he appeals. His lawyers previously proposed posting a $100 million bail bond, but Judge Anil Singh rejected that. A stay is a legal mechanism that pauses collections while he appeals.

A real estate broker brought in by Trump to help obtain a bond written in an affidavit filed with the court that few bonding companies will consider issuing a bond of the required size.

The remaining bond companies will not accept hard assets such as real estate as collateral, but only cash or cash equivalents (such as marketable securities).

A band of this size is rarely, if ever, seen. In the unusual circumstance of a bond of this size being issued, it is being issued to the world’s largest publicly traded companies, and not to individuals or private companies, wrote broker Gary Giulietti.

Trump appealed on February 26, a few days after the ruling was made official. His attorneys have asked the Appellate Division of the U.S. District Court to decide whether Engoron committed errors of law and/or fact and whether he abused his discretion or acted outside his jurisdiction.

Trump did not have to pay his fine or post a bond to appeal, and filing the appeal did not automatically stop enforcement of the sentence.

New York Attorney General Letitia James, a Democrat, has said she will try to seize some of Trump’s assets if he cannot pay the judgment.

Trump would get an automatic reprieve if he posted money, assets or an occupational bond to cover what he owes. He also had the option, which he is now exercising, to ask the Court of Appeal to grant a postponement with a bail amount for a lower amount.

Trump claims he is worth several billion dollars and confirmed last year that he had about $400 million in cash, in addition to properties and other investments.

In January, a jury ordered Trump to pay $83.3 million to writer E. Jean Carroll for defaming her after she accused him in 2019 of sexually assaulting her at a Manhattan department store in the 1990s. Trump recently posted a bond to cover that amount while he appeals.

That’s in addition to the $5 million a jury awarded Carroll in a related lawsuit last year.

Michael R. Sisak is a reporter for the Associated Press.

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