Basically, this is a common practice in real estate, to set up each and every building you own as its own separate business (in the form of an LLC), for both tax and liability purposes. They're not "dissolving the Trump Group", and they can't even touch the non NYC buildings he owns.
The only thing they CAN do is force him to create new LLCs outside of NYC and NY to now own and operate the properties, which is basically what they're doing. Essentially, the only thing they've successfully done is lose business tax revenue, since there's a 99% chance that Trump will just set up a few LLCs that are owned by independent Trusts in Florida (of more smartly, South Dakota, Delaware, or Nevada), and then everything is settled.
Well the "judge" ordered the properties custody be turned over to three independent entities, so if he tried to turn them over to a different LLC in say, Chicago (Since he owns quite a few buildings in Chicago), they they'd probably either throw a fit, or just have the Chicago DA do the same thing.
Hence it'd be a safer and more convenient path to just make new LLCS held by trusts in the most Trust/LLC friendly states (which are the ones I listed, sans Tennessee, which I forgot about).
And? That has no bearing to anything I said. By transferring the disputed assets to legally independent entities in red states, and red districts, you basically set up a giant wall between yourself, and the corrupt DAs who keep doing crap like this.
All the Monitor does is keep track of all the internal financials. What I'm suggesting has no bearing on that, all it does is take the assets out of the legal jurisdiction of the soros puppets.
The New York court system is really goofy. I read that it became so corrupt decades ago, that they had to "start over" and created a sort of parallel system. The result is that I have no idea which courts have what functions.
But as I understand it, this is a civil case at a local trial court. If so, this ruling can be appealed.
It appears to me that this judicial order was issued in violation of law.
A person cannot be convicted of fraud without any evidence being presented, under oath, and subject to cross examination.
Here is an article from a few days ago, which states that there was a hearing a few days ago, and today's "ruling" was a result of that hearing.
It does not appear that any evidence was presented. The plaintiff simply CLAIMED that she had evidence of fraud, and presented a bunch of documents.
But if there was no WITNESS in the courtroom, who could verify the documents, and state what they were and what they meant UNDER OATH, AND SUBJECT TO CROSS-EXAMINATION, then NO EVIDENCE was presented to the court. It is nothing more than heresay.
In addition, there is no injured party making a claim. The NYC DA does not like the valuations that were presented to banks, but so what? The banks accepted them, issued business loans based on them, and the loans were paid back in full.
Where is the fraud? Because the NYC DA does not like the valuations (long after the fact), even though no party was harmed, and then presents NO WITNESSES to verify her claims?
There is a trial scheduled for 10/2/23, but now the issue of guilt is not to be determined at a trial, since the "judge" has already determined guilt, sans evidence.
The only thing to be determined at trial now is the penalty, which is also out of order. Besides, the "judge" has already issued a penalty with the decertification order.
What a goofy mofo this "judge" is.
Should be appealed and thrown out, with sanctions to the NYC DA and disbarment of the "judge."
Regarding the business entities, I would be shocked if Trump did not already have everything owned in trusts long ago, anyway.
But then again, for a billionaire, some of the attorneys he hires ("the best that money can buy") seem really horseshit in a lot of cases.
Also, he should already have the hotel business in one legal entity, the hotel structure in a different entity, and the land underneath it in a third structure. Probably a fourth structure to hold liens against all of it, too, and most of these structures and/or ownership (trusts) outside of New York, anyway, since New York is a shithole when it comes to this sort of thing.
It's a documents case. Many of the documents were signed by the executives of the Trump organization, basically under penalty of perjury. Businesses have to file tons of legal documents. To validate the document, the attorney general just needed to pull the official files or subpoena bank records or insurance records or tax records
This is a valuation of property case. The claim is that valuations were inflated in a fraudulent manner.
If an attorney wants to present evidence in court, the attorney can certainly submit public records, bank records, insurance records, etc.
BUT ...
The attorney CANNOT attest to those records in a court case. That is hearsay (see: Trinsey v. Pagliaro).
In order for it to be EVIDENCE to be entered into the record, there MUST be a WITNESS to testify under oath, subject to cross examination, that they have PERSONAL FIRST-HAND KNOWLEDGE that these records are "this" and mean "that."
Furthermore, you would need expert witness testimony as to the valuations of the properties -- testified to under oath, and subject to cross-examination -- to verify (or deny) the CLAIMS made by the prosecution.
It appears to me that NONE of that was done. Ergo, there was no evidence ON THE RECORD upon which a judge could make a lawful determination of "guilty" of fraud, and therefore, the order is a void judgement (can be appealed, or set aside by a different court, as a "void judgement").
Evidence is submitted in summary judgment motions by way of sworn testimony and authenticated documents. This was a summary judgment motion. The judge is wrong, but that is the normal process.
100% false, they can't legally force him to sell his properties, as that would violate the 4th amendment since it would be unconstitutional seizure of his personal property.
He's not being charged with anything that can legally result in the forfeiture of his property, the only thing they've done is cancel his NYC business licenses. By simply transferring the businesses to out of state entities, this circumvents their ridiculous attempts at trying to bankrupt Trump.
Not trying to be mean here, but Trump's lawyers are full of crap quite often. They put up weird facades whenever the next attack comes, but there's always a simple solution 99% of the time.
For example, they also mentioned Mar-a-lago in all of this. Both the "judge" and Trump's Lawyers.
There is 0% chance Mar-a-lago will be effected. It's in Florida, held in a Florida LLC. Not a single Judge in NYC has authority in Florida, not even the Federal Judges, as Florida is in a completely different Judicial District.
The whole "Trump may lose control of X property" thing is nothing more than fear mongering. If nothing else, all he has to do is create a series of Trusts for his kids, listing himself as the co-beneficiary and the Trustee. Thereby retaining control, retaining his income, and simplifying the inheritance process for his kids.
Not exactly, they just ordered the dissolution of the LLCs in NY.
https://abc7ny.com/donald-trump-news-today-president/13831659/#:~:text=The%20judge%20immediately%20canceled%20all%20of%20the%20defendants%27%20business%20certificates%20in%20New%20York%2C%20and%20ordered%20that%20they%20must%20recommend%20no%20more%20than%20three%20potential%20independent%20receivers%20to%20manage%20the%20dissolution%20of%20the%20canceled%20LLCs%20within%2010%20days.
Basically, this is a common practice in real estate, to set up each and every building you own as its own separate business (in the form of an LLC), for both tax and liability purposes. They're not "dissolving the Trump Group", and they can't even touch the non NYC buildings he owns.
The only thing they CAN do is force him to create new LLCs outside of NYC and NY to now own and operate the properties, which is basically what they're doing. Essentially, the only thing they've successfully done is lose business tax revenue, since there's a 99% chance that Trump will just set up a few LLCs that are owned by independent Trusts in Florida (of more smartly, South Dakota, Delaware, or Nevada), and then everything is settled.
I'm sure he's incorporated in many states. Now they can lose revenue. 🤷♀️ it's a nose in spite of your face socialist dumbass kinda thing...💥💥
Well the "judge" ordered the properties custody be turned over to three independent entities, so if he tried to turn them over to a different LLC in say, Chicago (Since he owns quite a few buildings in Chicago), they they'd probably either throw a fit, or just have the Chicago DA do the same thing.
Hence it'd be a safer and more convenient path to just make new LLCS held by trusts in the most Trust/LLC friendly states (which are the ones I listed, sans Tennessee, which I forgot about).
The Trump Organization is currently under an independent financial monitor since last year.
And? That has no bearing to anything I said. By transferring the disputed assets to legally independent entities in red states, and red districts, you basically set up a giant wall between yourself, and the corrupt DAs who keep doing crap like this.
All the Monitor does is keep track of all the internal financials. What I'm suggesting has no bearing on that, all it does is take the assets out of the legal jurisdiction of the soros puppets.
They are definitely not deep thinkers.
The New York court system is really goofy. I read that it became so corrupt decades ago, that they had to "start over" and created a sort of parallel system. The result is that I have no idea which courts have what functions.
But as I understand it, this is a civil case at a local trial court. If so, this ruling can be appealed.
It appears to me that this judicial order was issued in violation of law.
A person cannot be convicted of fraud without any evidence being presented, under oath, and subject to cross examination.
Here is an article from a few days ago, which states that there was a hearing a few days ago, and today's "ruling" was a result of that hearing.
https://www.nbcnews.com/politics/donald-trump/judge-hear-arguments-new-yorks-civil-suit-trump-rcna116854
However ...
It does not appear that any evidence was presented. The plaintiff simply CLAIMED that she had evidence of fraud, and presented a bunch of documents.
But if there was no WITNESS in the courtroom, who could verify the documents, and state what they were and what they meant UNDER OATH, AND SUBJECT TO CROSS-EXAMINATION, then NO EVIDENCE was presented to the court. It is nothing more than heresay.
In addition, there is no injured party making a claim. The NYC DA does not like the valuations that were presented to banks, but so what? The banks accepted them, issued business loans based on them, and the loans were paid back in full.
Where is the fraud? Because the NYC DA does not like the valuations (long after the fact), even though no party was harmed, and then presents NO WITNESSES to verify her claims?
There is a trial scheduled for 10/2/23, but now the issue of guilt is not to be determined at a trial, since the "judge" has already determined guilt, sans evidence.
The only thing to be determined at trial now is the penalty, which is also out of order. Besides, the "judge" has already issued a penalty with the decertification order.
What a goofy mofo this "judge" is.
Should be appealed and thrown out, with sanctions to the NYC DA and disbarment of the "judge."
Regarding the business entities, I would be shocked if Trump did not already have everything owned in trusts long ago, anyway.
But then again, for a billionaire, some of the attorneys he hires ("the best that money can buy") seem really horseshit in a lot of cases.
Also, he should already have the hotel business in one legal entity, the hotel structure in a different entity, and the land underneath it in a third structure. Probably a fourth structure to hold liens against all of it, too, and most of these structures and/or ownership (trusts) outside of New York, anyway, since New York is a shithole when it comes to this sort of thing.
Is that you Viva?
I don't know what a "Viva" is.
Viva Frei, he’s a based lawyer with a podcast.
It's a documents case. Many of the documents were signed by the executives of the Trump organization, basically under penalty of perjury. Businesses have to file tons of legal documents. To validate the document, the attorney general just needed to pull the official files or subpoena bank records or insurance records or tax records
No.
This is a valuation of property case. The claim is that valuations were inflated in a fraudulent manner.
If an attorney wants to present evidence in court, the attorney can certainly submit public records, bank records, insurance records, etc.
BUT ...
The attorney CANNOT attest to those records in a court case. That is hearsay (see: Trinsey v. Pagliaro).
In order for it to be EVIDENCE to be entered into the record, there MUST be a WITNESS to testify under oath, subject to cross examination, that they have PERSONAL FIRST-HAND KNOWLEDGE that these records are "this" and mean "that."
Furthermore, you would need expert witness testimony as to the valuations of the properties -- testified to under oath, and subject to cross-examination -- to verify (or deny) the CLAIMS made by the prosecution.
It appears to me that NONE of that was done. Ergo, there was no evidence ON THE RECORD upon which a judge could make a lawful determination of "guilty" of fraud, and therefore, the order is a void judgement (can be appealed, or set aside by a different court, as a "void judgement").
Evidence is submitted in summary judgment motions by way of sworn testimony and authenticated documents. This was a summary judgment motion. The judge is wrong, but that is the normal process.
Thank you.
100% false, they can't legally force him to sell his properties, as that would violate the 4th amendment since it would be unconstitutional seizure of his personal property.
He's not being charged with anything that can legally result in the forfeiture of his property, the only thing they've done is cancel his NYC business licenses. By simply transferring the businesses to out of state entities, this circumvents their ridiculous attempts at trying to bankrupt Trump.
Not trying to be mean here, but Trump's lawyers are full of crap quite often. They put up weird facades whenever the next attack comes, but there's always a simple solution 99% of the time.
For example, they also mentioned Mar-a-lago in all of this. Both the "judge" and Trump's Lawyers.
There is 0% chance Mar-a-lago will be effected. It's in Florida, held in a Florida LLC. Not a single Judge in NYC has authority in Florida, not even the Federal Judges, as Florida is in a completely different Judicial District.
The whole "Trump may lose control of X property" thing is nothing more than fear mongering. If nothing else, all he has to do is create a series of Trusts for his kids, listing himself as the co-beneficiary and the Trustee. Thereby retaining control, retaining his income, and simplifying the inheritance process for his kids.