Austin American-Statesman

Trump’s NY fraud trial was civil case

- Chris Mueller

A March 27 Facebook post claims former President Donald Trump was charged with a crime for a mundane action.

“So when Trump takes out a loan and pays it back with interest it’s a crime but when you take out a student loan and don’t pay it back, then Biden forgives the loan, steals money from the taxpayers to pay it back it’s not a crime,” the post says.

It was shared more than 26,000 times in a day.

USA TODAY Fact Check’s rating: False

The post is wrong in two ways. The Trump case referenced in the post is civil, not criminal, which means Trump was not accused of a crime. Trump was sued for fraudulent­ly inflating his wealth on financial statements used to get loans and insurance, not for taking out and repaying a loan.

The post refers to a lawsuit filed against Trump in 2022 by New York Attorney General Letitia James, who claimed Trump and his company routinely exaggerate­d his wealth on financial statements used to secure loans and insurance. James used a decades-old state law that gives her authority to investigat­e allegation­s of fraud in business dealings, The Associated Press reported.

James’ lawsuit was handled in civil — not criminal — court, meaning Trump was not accused of a crime in the case, as the post claims. The post is also wrong about the circumstan­ces that led to the lawsuit — and later to a huge financial penalty for Trump.

Judge Arthur Engoron, who presided over the case, ruled in late September that Trump and his company committed fraud for years by overvaluin­g assets, including some of his well-known properties, and inflating his worth on financial statements.

A trial to determine what penalties Trump and his company would face began in early October and lasted for more than two months. In the end, Engoron ordered Trump to pay $453.5 million in penalties and interest.

The financial penalties were based on “ill-gotten gains” Trump acquired by exaggerati­ng his wealth, including money he saved from lower interest rates on loans and profits from selling properties he otherwise would not have been able to develop.

An appeals court ruled in late March that Trump and his co-defendants have to post only a $175 million bond or deposit to shield their assets as they pursue an appeal in the case.

While Trump never faced criminal charges in the New York fraud case, he does face criminal charges in several other cases.

The social media user who shared the post could not be reached for comment.

USA TODAY is a verified signatory of the Internatio­nal Fact-Checking Network, which requires a demonstrat­ed commitment to nonpartisa­nship, fairness and transparen­cy. Our fact-check work is supported in part by a grant from Meta.

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