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~~~~~~It makes a HUGE difference on how the case will be looked at by the courts.
The 8th applies to punishments (fines, etc.), disgorgement (restitution based on illegal activity) are two very different things.
Disgorgement isn't a fine. It's the removal of ill-gotten gains
WW
A Republican just told me that lenders actually perform appraisals on properties of interest, such as those Trump used as leverage to secure loans.
Speaking as a left Democrat, that tad bit of information is more than my bobbing brain can take. Left news tricked us into thinking Trump himself did the appraisals.
The judge constructed the ruling in order to avoid that. Man, you're stupid.The eighth amendment to the constitution forbids excessive fines and forfeitures in civil cases. The SCOTUS already ruled (9-0) on this in Timbs vs Indiana (2019). The state cannot assess excessive fines.
Trump will win on that alone.
Donald Trump Appeals $355 Million Ruling in New York Civil Fraud Case
Former President Donald Trump filed a notice of appeal Monday in the matter of the New York civil judgment finding him liable for fraudulently inflating his net worth on years of financial statements.www.breitbart.com
Where were they?4/5 qualified experts on appraisal valuation methods hit the stand and it’s game over in one day for this witch hunting, election interfering bunch
The judge constructed the ruling in order to avoid that. Man, you're stupid.
Where were they?
Also an appeal is not a retrial.
If trump is the multi billionaire he says he is, $350 million is a drop in a bucket. And he was banned from running his grifting enterprise for only 3 years. For a young man like Trump, it's hardly a lifetime.Like the authors of Plessey tried to construct their ruling to avoid the 14th amendment?
If trump is the multi billionaire he says he is, $350 million is a drop in a bucket. And he was banned from running his grifting enterprise for only 3 years. For a young man like Trump, it's hardly a lifetime.
We'll see now won't we, boy? Evidently you havent seen the overwhelming evidence against the trump fraud machine. LOL!he won't end up paying a dime.
We'll see now won't we, boy? Evidently you havent seen the overwhelming evidence against the trump fraud machine. LOL!
In Liu, the court also said the money had to be repaid to the investors.<snip>
In Liu the court clearly indicated that disgorgement of illegally obtained profits is not the same. It's the removal of ill-gotten gains.
WW
"The Court issued its decision on June 22, 2020. In an 8–1 decision, the Court ruled that courts can award for disgorgement in security fraud cases and affirmed the implied stance from Kokesh but limited them to the net profits of the conduct from the fraudulent activity. Also, the decision required those funds to be paid back to the defrauded investors.[6] Justice Sonia Sotomayor wrote for the majority, which was joined by all but Justice Clarence Thomas.[7] Sotomayor affirmed in her decision that "Congress prohibited the SEC from seeking an equitable remedy in excess of a defendant’s net profits from wrongdoing," under 15 U.S.C. § 78u(d)(5).[8] She further wrote "To avoid transforming an equitable remedy into a punitive sanction, courts restricted the remedy to an individual wrongdoer's net profits to be awarded for victims."[9]
Liu v. Securities and Exchange Commission - Wikipedia
en.wikipedia.org
We'll see now won't we, boy? Evidently you havent seen the overwhelming evidence against the trump fraud machine. LOL!
Non knower not knowing but always chirping.Correct. Such experts would toast FPOTUS#45's inflated numbers as completely out to lunch.
WW
Lib loons wishes and feelings were bruised.They aren't in this case but they are made to be so people can do end runs around the Constitution.
Who was the damaged party for the disgorgement?
In Liu, the court also said the money had to be repaid to the investors.
It's not restitution if the State keeps the money- it's just a fine.
why it was excessive. learn how evil worksIn the meantime, he has to put up half a Billion in cash and bonds or the plaintaiffs get to start going after his assets.
See they testify at appeal Your “ where were they” further shows you are ignorant of the process and matter at hand. Nobody needed them until judge nut case came up with the contrived bullshit.Where were they?
Also an appeal is not a retrial.
