Civil Suit?

davidallen

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nine elements needed to establish fraud: (1) a representation of fact; (2) its falsity; (3) its materiality; (4) the representer’s knowledge of its falsity or ignorance of its truth; (5) the representer’s intent that it should be acted upon by the person in the manner reasonably contemplated; (6) the injured party’s ignorance of its falsity; (7) the injured party’s reliance on its truth; (8) the injured party’s right to rely thereon; and (9) the injured party’s consequent and proximate injury.


Even if there was lying, #9 doesn't seem to be met for most of those persons, and 5, 7 and 8 are not met for tax authorities.
Sounds like Trump could use yore help on the defense team. Word is he is struggling to secure representation. You should volunteer!
 

davidallen

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So, let me get this straight. The children would like, have a freakin' clue about their father's financial statement?
This is a desperate POS trying to fulfill a campaign promise.
They are not children. They signed off on certain representations. They are liable. ****ing hilarious the lengths people will go to to defend these people.
 

OUSOONER67

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They are not children. They signed off on certain representations. They are liable. ****ing hilarious the lengths people will go to to defend these people.

Hey Double Douche now do Hunter Biden and 10% for the big guy.
200w.gif
 
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davidallen

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nine elements needed to establish fraud: (1) a representation of fact; (2) its falsity; (3) its materiality; (4) the representer’s knowledge of its falsity or ignorance of its truth; (5) the representer’s intent that it should be acted upon by the person in the manner reasonably contemplated; (6) the injured party’s ignorance of its falsity; (7) the injured party’s reliance on its truth; (8) the injured party’s right to rely thereon; and (9) the injured party’s consequent and proximate injury.


Even if there was lying, #9 doesn't seem to be met for most of those persons, and 5, 7 and 8 are not met for tax authorities.
You might be interested in this:

SECTION 175.45
Issuing a false financial statement​
Penal (PEN) CHAPTER 40, PART 3, TITLE K, ARTICLE 175​
§ 175.45 Issuing a false financial statement.​
A person is guilty of issuing a false financial statement when, with​
intent to defraud:​
1. He knowingly makes or utters a written instrument which purports to​
describe the financial condition or ability to pay of some person and​
which is inaccurate in some material respect; or​
2. He represents in writing that a written instrument purporting to​
describe a person's financial condition or ability to pay as of a prior​
date is accurate with respect to such person's current financial​
condition or ability to pay, whereas he knows it is materially​
inaccurate in that respect.​
Issuing a false financial statement is a class A misdemeanor.​
 

davidallen

MegaPoke is insane
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nine elements needed to establish fraud: (1) a representation of fact; (2) its falsity; (3) its materiality; (4) the representer’s knowledge of its falsity or ignorance of its truth; (5) the representer’s intent that it should be acted upon by the person in the manner reasonably contemplated; (6) the injured party’s ignorance of its falsity; (7) the injured party’s reliance on its truth; (8) the injured party’s right to rely thereon; and (9) the injured party’s consequent and proximate injury.


Even if there was lying, #9 doesn't seem to be met for most of those persons, and 5, 7 and 8 are not met for tax authorities.
And then there is this:

A fraudulent insurance act is committed by any person who, knowingly and with intent to defraud presents, causes to be presented, or prepares with knowledge or belief that it will be presented to or by an insurer, self insurer, or purported insurer, or purported self insurer, or any agent thereof:​
1. any written statement as part of, or in support of, an application for the issuance of, or the rating of a commercial insurance policy, or certificate or evidence of self insurance for commercial insurance or commercial self insurance, or a claim for payment or other benefit pursuant to an insurance policy or self insurance program for commercial or personal insurance that he or she knows to:​
(a) contain materially false information concerning any fact material thereto;  or​
(b) conceal, for the purpose of misleading, information concerning any fact material thereto;  or​
2. any written statement or other physical evidence as part of, or in support of, an application for the issuance of a health insurance policy, or a policy or contract or other authorization that provides or allows coverage for, membership or enrollment in, or other services of a public or private health plan, or a claim for payment, services or other benefit pursuant to such policy, contract or plan that he or she knows to:​
(a) contain materially false information concerning any material fact thereto;  or​
(b) conceal, for the purpose of misleading, information concerning any fact material thereto.​
Such policy or contract or plan or authorization shall include, but not be limited to, those issued or operating pursuant to any public or governmentally-sponsored or supported plan for health care coverage or services or those otherwise issued or operated by entities authorized pursuant to the public health law.  For purposes of this subdivision an “application for the issuance of a health insurance policy” shall not include (i) any application for a health insurance policy or contract approved by the superintendent of financial services pursuant to the provisions of sections three thousand two hundred sixteen, four thousand three hundred four, four thousand three hundred twenty-one or four thousand three hundred twenty-two of the insurance law or any other application for a health insurance policy or contract approved by the superintendent of financial services in the individual or direct payment market;  or (ii) any application for a certificate evidencing coverage under a self-insured plan or under a group contract approved by the superintendent of financial services.​
 

davidallen

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nine elements needed to establish fraud: (1) a representation of fact; (2) its falsity; (3) its materiality; (4) the representer’s knowledge of its falsity or ignorance of its truth; (5) the representer’s intent that it should be acted upon by the person in the manner reasonably contemplated; (6) the injured party’s ignorance of its falsity; (7) the injured party’s reliance on its truth; (8) the injured party’s right to rely thereon; and (9) the injured party’s consequent and proximate injury.


Even if there was lying, #9 doesn't seem to be met for most of those persons, and 5, 7 and 8 are not met for tax authorities.
And one more for you to consider:


§ 175.10 Falsifying business records in the first degree.
A person is guilty of falsifying business records in the first degree​
when he commits the crime of falsifying business records in the second​
degree, and when his intent to defraud includes an intent to commit​
another crime or to aid or conceal the commission thereof.​
Falsifying business records in the first degree is a class E felony.​
 

davidallen

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Trump actually has disclaimers on his valuations telling the lenders it is their responsibility to verify the information.
About those disclaimers - sounds like they were disclaimers AND assurances with the particular effect of getting the accountants off the hook by transferring responsibility to the Trump Organization and their representatives:

“While the accountants gave notice in the reports that they did not audit or review the Statements to verify the accuracy or completeness of the information provided by Mr. Trump or the Trump Organization, they confirmed that their clients were responsible for preparing the Statements in accordance with generally accepted accounting principles in the United States,” the suit says.​
 

Ponca Dan

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About those disclaimers - sounds like they were disclaimers AND assurances with the particular effect of getting the accountants off the hook by transferring responsibility to the Trump Organization and their representatives:

“While the accountants gave notice in the reports that they did not audit or review the Statements to verify the accuracy or completeness of the information provided by Mr. Trump or the Trump Organization, they confirmed that their clients were responsible for preparing the Statements in accordance with generally accepted accounting principles in the United States,” the suit says.​
Sounds more like that’s what the prosecution says rather than sounding like what is the unvarnished truth. But of course if the accusations are against the man who slayed your idol, the Hillary wicked witch, you are going to believe them with unqualified hope that you’ll finally get him back for making your family cry.
 

Headhunter

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I just got to keep asking. Who are the victims? What was the purpose of the fraud if no one was actually defrauded out of money?

Trump has been under constant tax audit forever. Where are the tax fraud cases? Where are the bank loan default lawsuits?

Give you an idea of how manipulative this NY AG is she claims that one of the properties Trump over valued was Mar a Lago, she claims it's worth only $75M. It is worth many times that amount. This is the kind of nonsense Trump has to deal with when dealing with Democrats.
 

ClintonDavidScott

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I just got to keep asking. Who are the victims? What was the purpose of the fraud if no one was actually defrauded out of money?

Trump has been under constant tax audit forever. Where are the tax fraud cases? Where are the bank loan default lawsuits?

Give you an idea of how manipulative this NY AG is she claims that one of the properties Trump over valued was Mar a Lago, she claims it's worth only $75M. It is worth many times that amount. This is the kind of nonsense Trump has to deal with when dealing with Democrats.

lol…do you think Mar-A-Lago is worth $739 million??? cmon man hahaha




Carry on
 

Headhunter

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lol…do you think Mar-A-Lago is worth $739 million??? cmon man hahaha




Carry on
That lawsuit claims Mar-a-Lago is worth less than a 100M. That is flat out ridiculous.
 
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davidallen

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David - Lot of legal concepts in your copy and pastes there. For one, those are criminal statutes that the AG isn't pursuing, so they are not applicable.
They are in fact the criminal codes of the state of New York that comprise her theory of ongoing illegal activity. You've at least scanned her complaint?
 

ClintonDavidScott

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Ballpark it.
Since you’re just too fvcking lazy to read pre-posted links lol…


“James said Mar-a-Lago generated annual revenues of less than $25 million and should have been valued at closer to $75 million.

The suit said that the property was too expensive to be used and preserved as a private residence and needed to be converted to a club and preserved "at the expense of a limited group of members, most of whom will be Palm Beach residents."

"Despite restricting the property's usage to club usage, and securing lower property tax valuations based on that restricted usage, the Trump Organization on Mr. Trump's Statements did not value Mar-a-Lago as the operating business it was restricted to be — a social club — based on its financial performance," according to the complaint.”


Carry on
 
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Headhunter

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You do realize the annual revenues for Mar-A-Lago (~ $25 million) aren’t nearly enough to justify such an outlandish value? Cmon man lol


Carry on
Do you really think the commercial value of Mar-a-Lago on some of the most prime real estate in Palm Beach is $75M. The current revenue is irrelevant because the property is primarily used as a private residence.

I can say my property is worth whatever I want to. I would expect the bank or anyone else that was relying on that value to do their own due diligence and then we'd negotiate if there are differences.
 

Ponca Dan

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Since you’re just too fvcking lazy to read pre-posted links lol…


“James said Mar-a-Lago generated annual revenues of less than $25 million and should have been valued at closer to $75 million.

The suit said that the property was too expensive to be used and preserved as a private residence and needed to be converted to a club and preserved "at the expense of a limited group of members, most of whom will be Palm Beach residents."

"Despite restricting the property's usage to club usage, and securing lower property tax valuations based on that restricted usage, the Trump Organization on Mr. Trump's Statements did not value Mar-a-Lago as the operating business it was restricted to be — a social club — based on its financial performance," according to the complaint.”


Carry on
Well, if Ms. James said it it must be accurate. There's no way she would use the law to participate in a witch hunt. You're right, Clinton, she's got him by the short hairs. It's all over but the whining, right?
 

davidallen

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I just got to keep asking. Who are the victims? What was the purpose of the fraud if no one was actually defrauded out of money?

Trump has been under constant tax audit forever. Where are the tax fraud cases? Where are the bank loan default lawsuits?

Give you an idea of how manipulative this NY AG is she claims that one of the properties Trump over valued was Mar a Lago, she claims it's worth only $75M. It is worth many times that amount. This is the kind of nonsense Trump has to deal with when dealing with Democrats.
This theory of yours that there must be a discrete victim is foolish. So many examples that run contrary to that it isn't funny. Presenting false financial statements is a crime in the state of New York. Period. Full stop.
 

Alpha Woke

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Since you’re just too fvcking lazy to read pre-posted links lol…


“James said Mar-a-Lago generated annual revenues of less than $25 million and should have been valued at closer to $75 million.

The suit said that the property was too expensive to be used and preserved as a private residence and needed to be converted to a club and preserved "at the expense of a limited group of members, most of whom will be Palm Beach residents."

"Despite restricting the property's usage to club usage, and securing lower property tax valuations based on that restricted usage, the Trump Organization on Mr. Trump's Statements did not value Mar-a-Lago as the operating business it was restricted to be — a social club — based on its financial performance," according to the complaint.”


Carry on

So you believe Mar a lago is worth 75MM?

Have any property you want to unload?
 
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ClintonDavidScott

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Do you really think the commercial value of Mar-a-Lago on some of the most prime real estate in Palm Beach is $75M. The current revenue is irrelevant because the property is primarily used as a private residence.

I can say my property is worth whatever I want to. I would expect the bank or anyone else that was relying on that value to do their own due diligence and then we'd negotiate if there are differences.

Total bullsh!t lol…

“Mar-a-Lago was purchased by Trump in 1985 and has had several restrictions since its designation as a National Historic Landmark in 1980. It opened as a private club in 1994.”


Carry on
 

Ponca Dan

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This theory of yours that there must be a discrete victim is foolish. So many examples that run contrary to that it isn't funny. Presenting false financial statements is a crime in the state of New York.
And proving in a court of law the finacial statements are "false" may be a tougher nut to crack than Ms. James is capable of. You're so inconsistant, David. Accusations get thrown against Trump and you naturally assume it proves he's guilty. Accusations get thrown at someone from your team and you insist they're innocent until proven guilty.
 

2012Bearcat

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Reading the leftist responses to this and every other ridiculous Democrat attack on Trump shows just how supportive they are of the open abuse of government power against their political enemies. This openly racist, power abusing New York AG ran on a platform of getting Trump at all cost no matter what. If this had been a Republican running on getting Obama or Hillary what would those on the left have to say? I have no doubt it would be the polar opposite. never in my widlest dreams did I ever think people in this country would support government abusing it's power to punish political opponents but here we are. Oh well when the Republicans regain control the left will raise hell but their screams will fall on deaf ears as they have set the precedent.
 

osu_orangestreak

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Taxed at a 27 million valuation.

 

GoPokes43

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This theory of yours that there must be a discrete victim is foolish. So many examples that run contrary to that it isn't funny. Presenting false financial statements is a crime in the state of New York. Period. Full stop.
Really? Why no criminal complaint if it is a crime (not just a regular crime but a "Period. Full stop." type of crime)?
 

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