Trump accepts new restrictions on $238 million bond in New York civil fraud case

The bond ensures Donald Trump's compliance with a judgment won by the state attorney-general if he fails in an appeal. PHOTO: EPA-EFE

NEW YORK – Former US president Donald Trump agreed on April 22 to additional restrictions on the US$175 million (S$238 million) bond in his New York civil fraud case, resolving concerns by the state attorney-general that the funds were not secure.

The bond issued by Knight Specialty Insurance is meant to secure Trump’s compliance with a US$454.2 million judgment won by state Attorney-General Letitia James if the former president does not succeed in an appeal.

Justice Arthur Engoron imposed the penalty after finding that Trump, the Republican presidential candidate to face President Joe Biden in the Nov 5 election, fraudulently inflated his net worth and real estate assets to deceive banks and insurers into providing better terms.

Ms James, a Democrat, had challenged the bond in April, saying Trump still had access to the Charles Schwab account pledged to the insurer as collateral.

But at a hearing on April 22, down the block from where jurors heard opening arguments in Trump’s criminal hush money trial, lawyers for Trump and Knight agreed that the funds would remain as cash and not be traded for securities.

They also agreed that Knight would have exclusive control of the account and not withdraw funds, and to provide Ms James with monthly statements to assure that the cash is not going anywhere.

The agreement was reached after Justice Engoron questioned the security of the collateral.

“You keep using the word agreement, what if they break the agreement?” he asked Trump’s lawyer Christopher Kise. “It all seems like a house of cards.”

Knight is owned by billionaire Trump supporter Don Hankey.

Earlier on April 22, Trump defended the bond outside the courtroom at the criminal trial.

“We put up cash and the number is 175,” he said. “She shouldn’t be complaining about the bonding company. The bonding company would be good for it because I put up the money. I have plenty of money to put up.”

Ms James had argued in court papers that a Trump-owned trust still controlled the account, and Knight’s own financial arrangements appear insufficient to cover the bond.

Mr Hankey previously said in an interview that he charged Trump a low fee as he did not anticipate problems.

“We thought it would be an easy procedure that wouldn’t involve other legal problems and it’s not turning out that way,” he said. “We probably didn’t charge enough.”

Mr Hankey made his fortune in sub-prime car loans, with some regulators criticising his companies’ debt collection tactics. He is worth US$7.4 billion, according to Forbes magazine.

Trump was originally required to obtain a guarantee for the entire verdict while he appeals, but a state appeals court let him post a smaller bond.

With much attention now focused on Trump’s criminal trial, Justice Engoron noticed the relative paucity of courtroom attendees compared with when he oversaw the civil fraud trial.

“Where is everyone?” he joked at the beginning of the hearing. REUTERS

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