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Letitia James: Seizing Trump’s Buildings if He Can’t Pay $354M Civil Fraud Fine

PUBLISHED: February 21, 2024 at 4:34 am

In a bold move that could have significant implications for former President Donald Trump, New York Attorney General Letitia James has stated that she is prepared to seize Trump’s buildings if he fails to pay his $354 million civil fraud fine. This announcement comes after a lengthy investigation into Trump’s business dealings, which culminated in a ruling that he must pay restitution to thousands of students who attended his now-defunct Trump University.

Letitia James’ pursuit of Trump’s financial accountability dates back to her campaign promise to hold him accountable for any wrongdoing. After assuming office, James launched an investigation into Trump’s business practices, focusing on allegations of fraud involving Trump University. The investigation revealed evidence that Trump had misled students into believing they would receive a quality education and access to job opportunities.

In 2016, a federal judge approved a $25 million settlement in a class-action lawsuit against Trump University, brought forth by former students who claimed they were defrauded. However, this settlement did not fully resolve the matter. In February 2022, a New York judge ruled that Trump must pay an additional $354 million in restitution to the victims.

The ruling was based on the finding that Trump had engaged in persistently fraudulent conduct, misrepresenting the university’s offerings and defrauding thousands of students. Letitia James hailed the decision as a significant victory for those who had been deceived by Trump’s promises.

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If Trump fails to pay the $354 million fine, Letitia James has stated that she is prepared to seize his buildings to satisfy the restitution owed to the victims. This raises the question of how such a seizure would be legally justified.

Under New York law, the attorney general has the authority to enforce judgments against individuals or entities that have engaged in fraudulent conduct. This includes the power to seize assets to satisfy outstanding debts. In Trump’s case, his extensive real estate holdings could potentially be targeted for seizure.

Letitia James’ ability to seize Trump’s buildings is grounded in New York’s Enforcement of Money Judgments law. This law allows the attorney general to enforce monetary judgments by seizing the assets of the judgment debtor. The law provides a broad definition of assets, encompassing real property, personal property, and intangible assets.

To proceed with the seizure, James would need to obtain a Writ of Execution from the court, which would authorize the sheriff or marshal to seize and sell the assets. The proceeds from the sale would then be used to satisfy the judgment debt. It is worth noting that the court would likely prioritize restitution to the victims over any other claims on the seized assets.

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The potential seizure of Trump’s buildings has significant implications for the former president. Trump’s real estate empire is a core component of his wealth and legacy. Seizure of these assets would not only have a financial impact but could also tarnish his image and reputation.

Moreover, the seizure of Trump’s buildings would send a powerful message that no one is above the law. It would serve as a stark reminder that fraudulent conduct carries serious consequences, even for those in positions of power and influence.

While Letitia James’ actions are legally grounded, there may be potential challenges to the seizure of Trump’s buildings. Trump could potentially mount a legal defense, arguing that the seizure is excessive or unjustified. He may also seek to negotiate a settlement or payment plan to satisfy the restitution owed.

Additionally, Trump’s lawyers could attempt to challenge the ruling itself, arguing that the judgment was improperly decided or that there were errors in the legal proceedings. However, overturning a judgment of this magnitude would be a significant uphill battle.

Letitia James’ pursuit of Trump has garnered both praise and criticism. Supporters view her actions as a necessary step to hold Trump accountable for his alleged fraudulent conduct. They argue that no one should be immune from the consequences of their actions, regardless of their status or wealth.

On the other hand, critics argue that James’ pursuit of Trump is politically motivated, aimed at tarnishing his reputation and undermining his influence. They contend that the fines imposed on Trump are excessive and that the seizure of his buildings would be an abuse of power.

Letitia James’ declaration that she is prepared to seize Trump’s buildings if he fails to pay his $354 million civil fraud fine marks a significant development in the ongoing legal battle between the former president and the New York Attorney General. The potential seizure of Trump’s assets raises crucial questions about accountability, the power of the attorney general, and the consequences of fraudulent conduct. As the legal proceedings unfold, the outcome of this case will undoubtedly have far-reaching implications for both Trump and future cases involving high-profile individuals.

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