maybe they aren't getting paid or weren't at the time so they let it slip or maybe it was intentional to leave an opening for an appeal due to ineffective or incompetent counsel?
The trial is about equitable relief— disgorgement being the financial remedy. So, a jury trial may not be permitted anyway. Generally— and I don’t know New York law— there are no jury trials in equity. Also, as to experts, the Judge is going to hear from experts in this phase of the trial. In order to disgorge, the benefit has to be established.
As for disgorgement, the “Ill gotten gains” are disgorged. It is hard to argue that loan proceeds that are paid back are “Ill gotten gains.” So, likely, they are looking at the appreciation in values or other gains that benefited from the loans. I am not a big fan of applying disgorgement in this way. The typical example of disgorgement is the defendant who steals and invests the stolen item or money into something that grows. The victim is entitled to that growth because money was his money that was used. Here, the victims are all whole and it is the state seeking disgorgement. And there may be victims — lenders who don’t get paid back— when the state liquidates the assets because liquidation values are generally lower than market value. Trumps businesses will likely have to file for bankruptcy and he will be facing suits for years.
In the instant case, I believe that disgorgement means that Trump would have to give up all of his ill-gotten gains and never get another erection.
Bankruptcy is a really interesting problem. Can a company that no longer has a lawful right to exist, assuming that remedy is granted, avail itself of the benefits and protections of the United States bankruptcy laws?
Good news for America BREAKING: A group of 20 MAGA fans have begun a hunger strike they vow will last until they die or Letitia James drops all her charges against Trump's business fraud.
Apparently, Trump was just hit with a gag order by the NY Judge over Trump’s social media attack on the judge’s law clerk.
The order, from the reports I’ve since read, is pretty narrow and only goes to the judge’s staff. If he goes after the judge’s staff again, he’ll be hit with criminal contempt. He’ll spend time in the slammer.
Don't hold your breath on him spending any time in a slammer. Any of the rest of us would for violating that order, his royal highness... not so much.
Normally, I’d agree. But he went after one of the judge’s clerks, and the judge won’t hesitate to protect the clerk gong forward. The limited gag order was entered, it was clear and unambiguous. I truly don’t think even Trump will violate that order, there’s no need for him to go after a clerk.
Oh I agree, it is out of bounds to go after the clerk, but Trump getting locked up if he violates the order....not seeing it. he's SPAYSHUL....
