• Banker involved in big loans to Trump's company testifies for his defen

    From useapen@21:1/5 to All on Thu Nov 30 07:20:20 2023
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    NEW YORK (AP) — When Deutsche Bank loaned Donald Trump's company hundreds
    of millions lawyers of dollars, the bank always followed its own
    guidelines that include checking out information that would-be borrowers provide, an executive testified Tuesday at the former president's civil
    fraud trial.

    The loans — for projects in Florida, Chicago and Washington, D.C. — are a
    focus of New York Attorney General Letitia James' lawsuit contending that
    Trump and his company deceived lenders and insurers by giving them
    financial statements that baldly overstated his asset values and overall
    net worth. The defendants deny the allegations.

    Deutsche Bank reviewed the financial statements before making the loans
    through its department that works with rich individuals — a pathway that allowed for more favorable interest rates than likely available from the commercial real estate division, according to the lawsuit. The deals came
    with conditions about Trump’s net worth and, sometimes, liquidity, and
    they often required annual submissions of his financial statements.

    But, testifying for the defense, managing director David Williams said the bankers viewed clients' reports of their net worth as “subjective or
    subject to estimates” and took its own view of such financial statements.

    “I think we expect clients-provided information to be accurate. At the
    same time, it’s not an industry standard that these statements be audited. They’re largely reliant on the use of estimates,” Williams said, so
    bankers routinely “make some adjustments.”

    At times, the bank pegged Trump's wealth at several billion dollars lower
    than he did, according to documents and testimony. In 2019, for example, Trump’s financial statement listed his net worth at $5.8 billion, which
    the bank adjusted down to $2.5 billion.

    But Williams said such differences weren't necessarily unusual or
    alarming.

    “It’s a conservative measure to make these adjustments," he testified, characterizing them as “standard” and a "stress test" of financial
    strength.

    The attorney general's office, however, has maintained that such
    adjustments were never intended to account for the alleged fraud. A now- retired Deutsche Bank executive, Nicholas Haigh, testified earlier in the
    trial that he assumed the figures “were broadly accurate,” though the bank subjected them to ”sanity checks" and sometimes made sizable “haircuts.”

    Trump acted as the guarantor for the loans and was quick to act when the
    bank raised concerns that the properties weren't generating enough cash to
    make payments, Williams said. At one point, Trump moved $8.6 million into
    the Washington hotel’s coffers after its cash flow fell short of a
    requirement. No payments were missed, and the loans were never found to be
    in default, Williams said.

    After Williams finished testifying, Trump’s lawyers sought — as they
    repeatedly had before — to have the case thrown out. They argued the bank executive had neutralized any allegations that the defendants deceived the lender about Trump's wealth.

    “The bank conducted its own due diligence. The bank had no problem with a
    $2 billion or a $3 billion difference,” defense lawyer Christopher Kise
    said. He argued the lender wasn’t harmed because it "didn’t change what it
    did based on what President Trump submitted.”

    State lawyer Kevin Wallace retorted, “I think the idea that you can’t lie
    to a bank is pretty well established."

    Judge Arthur Engoron said he was taking the request for dismissal under advisement, but he noted “that the mere fact that lenders were happy
    doesn’t mean that the statute wasn’t violated."

    Engoron already has ruled that Trump and other defendants engaged in
    fraud. The trial is to decide remaining claims of conspiracy, insurance
    fraud and falsifying business records. There's no jury, so Engoron will
    decide the verdict.

    Trump, the current Republican 2024 presidential front-runner, casts the
    entire case as a political low blow from James, a Democrat.

    Trump maintains that his financial statements actually lowballed his
    wealth and that any overstatements — such as listing his Trump Tower
    penthouse for years at nearly three times its actual size — were mistakes.

    He asserted in his own testimony this month that his lenders cared more
    about property locations and the parameters of the deals than they did
    about the financial statements. And he argued that lenders were
    essentially told to do their own homework, pointing to disclaimers that
    said the statements weren't audited, among other caveats.

    Deutsche Bank guidelines told lending officers to “independently verify
    all material facts,” and Williams said the bankers followed those and
    other instructions when dealing with Trump.

    “Are you aware of any time Deutsche Bank didn’t adhere to its own
    guidelines in making loans to President Trump?” defense attorney Jesus M. Suarez asked.

    “No,” Williams replied.

    James wants the judge to impose over $300 million in penalties and to ban
    Trump from doing business in New York — and that’s on top of Engoron’s
    pretrial order that a receiver take control of some of Trump’s properties.
    An appeals court has frozen that order for now.

    https://news.yahoo.com/banker-involved-big-loans-trumps-180733697.html

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