San Francisco Chronicle

Trump claims to have $500M in cash but won’t pay judgment

- By Michael R. Sisak

NEW YORK — Donald Trump claimed on Friday to have almost a half-billion dollars in cash but said he’d rather spend it on his presidenti­al run than on the $454 million civil fraud judgment against him in New York.

The former president vowed to fight the verdict “all the way up to the U.S. Supreme Court if necessary” as the state gears up to potentiall­y seize some of his assets if he doesn’t pay the hefty tab.

Trump has been trying to get a state appeals court to excuse him from a requiremen­t that he provide financial guarantees showing he’s good for the money while he appeals the staggering verdict. He didn’t provide any documentat­ion for his cash claim, and his lawyers have suggested it’s not feasible to tie up so much cash on a bond while also keeping his businesses running and meeting other obligation­s.

A Manhattan judge in February found that Trump repeatedly lied about his wealth on financial statements given to banks and others to secure loans and make deals. The judge ordered him to give up profits from certain real estate deals and money he saved by obtaining lower interest rates on loans. Trump denies that he tried to deceive anyone.

As recently as Thursday, Trump’s lawyers reiterated in court filings that they were having difficulty obtaining a bond covering the judgment because underwrite­rs insisted on cash, stocks or other liquid assets instead of real estate as collateral. More than 30 bonding companies rejected their entreaties, they said.

Trump’s lawyers asked the state’s intermedia­te appeals court to reverse a prior ruling requiring that he post a bond covering the full amount to halt enforcemen­t. New York Attorney General Letitia James has fought Trump’s request, urging the appeals court to require the full amount to ensure the state can easily access the money if the verdict is upheld.

To obtain a bond, Trump’s lawyers said he would likely have to put up 120% of the judgment, or more than $557 million. The appeals court has yet to rule.

“I’ll fight this all the way up to the U.S. Supreme Court if necessary,” Trump told Fox News Channel on Friday. Mischaract­erizing the law, he added: “They can’t take away your property before you’ve had a chance to appeal.”

Because the fraud case was tried in state court, Trump would likely have to exhaust the state appeals process first or ask a federal court to take up the case, which is rare, to even have a chance bring his fight to the U.S. Supreme Court. A litigant who loses in a federal appeals court or in a state’s high court — in New York, called the Court of Appeals — may then file a petition for a writ of certiorari, which is a document asking the Supreme Court to review the case.

Contrary to Trump’s claim, seizing assets is a common legal tactic when someone can’t access enough cash to cover a civil penalty, even while an appeal is pending. Appealing doesn’t, in itself, halt collection. Barring court interventi­on, James would be well within her legal rights to initiate seizure of Trump’s property if he doesn’t pay.

In a post Friday on his Truth Social platform, Trump suggested he had enough cash to at least cover the judgment in full — but didn’t think he should have to spend it that way.

“Through hard work, talent, and luck, I currently have almost five hundred million dollars in cash,” he wrote in all caps, adding that he had planned to use “a substantia­l amount” on his presidenti­al campaign.

Whether Trump actually has nearly $500 million in cash, as he claimed, could become the subject of a future court battle over his assets. James, a Democrat, could start efforts to collect on the legal judgment she won against Trump as soon as Monday unless an appeals court intervenes.

James has said she is prepared to seek to seize some of Trump’s assets, though it wasn’t clear how quickly that might unfold. Her office has declined to comment on its plans.

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