New York Judgment Against Trump Violates the Eighth Amendment

[bigrebnc1775]

Actually the banks are free (subject to statutes of limitation) to sue Trump for those damages. And in light of the current verdict, they may yet do that.

What fucking damages? Numbnuts

 

[meaner gene]

Horseshit how can you justify that horseshit when the bank said they got their money back with interest and want to do business with Trump again?

The same way that the victims of Bernie Maddoff who made the same claims.

 

[meaner gene]

There’s a constituional right to have the penalty fit the damages, as well as not be the sole one targeted for a commonplace, and victimsless infraction.

This would be no different than a person telling everybody that they are over 65 (when they're in fact much younger), and getting senior citizen discounts from merchants, utilities, and even retirement benefits. Each given by the merchants and utilities who say they were happy to do business with them, and they had no complaints.

But that is because they didn't realize they were being ripped off. And as with the Trump case, the government can make the person disgorge (pay back) his ill gotten gains.

 

[meaner gene]

I see you side step that last portion of his post.
So the banks will be getting the 300 million

As I said, the banks are free (subject to statute of limitations) to sue to recover their damages too.

 

[Catsnmeters]

What exactly was it then?

Most was disgorgement.

Disgorgement

In legal terms, disgorgement is an action where something is given up – namely, profits – because they have been obtained illegally or unethically. The

corporatefinanceinstitute.com

Disgorgement is supposed to be viewed as remedial action instead of being used as a punishment. According to the Securities Exchange Act of 1934, disgorgement is supposed to take away a wrongdoer’s ill-gotten gains and to serve as a warning to any entity that attempts to effectively steal from others or to profit in a way that is unethical.

Disgorgement is considered an equitable remedy, not a punitive action. It is not designed to punish, but to act as a tool for justice, requiring illegally obtained gains to be returned. It means that – in order to be equitable and not punitive – the SEC can only recover the approximate amount that was earned illegally or unethically. Seeking interest or additional payment would make the disgorgement punitive.

 

[Lisa558]

I see you side step that last portion of his post.
So the banks will be getting the 300 million

Just between you and me, I am SO losing patience with these Gestapo tactics and the idiots who support them - all the while saying we need to keep Trump out to “save democracy.” Are they nuts?!

Take this case. The libs keep crying about how Trump cheated taxpayers and owes them the $350 million. How?! The money Trump borrowed allowed him to expand his business, thereby providing hindreds or even thiusands of NYers with jobs, and the bank made $100 in interest, for which they owe income tax.

Everyone made out with the loan: NYers, who got jobs and a LOT of tax revenue, and the bank, that made a large profit.

These lib voters are IDIOTS, at best.

 

[meaner gene]

What fucking damages? Numbnuts

Their piece of the $355 million. They will have to file suit, and independently show how much Trump underpaid them in interest, based on the actual unsecured collateral risk level of the loan.

 

[Rawley]

Most was disgorgement.

If it was, it would have been given to the banks. It wasn't. It was kept by the state. It is a fine.

 

[Lisa558]

As I said, the banks are free (subject to statute of limitations) to sue to recover their damages too.

The bank has no damages, which is why they didn’t sue.

You simply cannot allow ONE Democrat individual (the Trump-hating devil of a judge) decide to destroy the life of the party’s #1 political opponent and attack him like this to try to make him lose the presidency.

We used to have actual elections in this country. Why won’t the Dems allow AMERICANS to decide who becomes the next president?

 

[Rawley]

The bank has no damages, which is why they didn’t sue.

You simply cannot allow ONE Democrat individual (the Trump-hating devil of a judge) decide to destroy the life of the party’s #1 political opponent and attack him like this to try to make him lose the presidency.

We used to have actual elections in this country. Why won’t the Dems allow AMERICANS to decide who becomes the next president?

Two - DA James and the judge

 

[Lisa558]

What fucking damages? Numbnuts

You know what the Gestapo….oops, I mean the Dems….are doing, I’m sure. They’re trying to get voters focused on this nothingburger of a “fraud” to deflect from the fact that it was determined that Biden willfully retained and shared classified docs, which he had stashed in insecure places, in his properties and office, but was determined to be such a sorry demented old man that he couldn’t go to trial.

I repeat: the Dems are nominating a demented old man with such a poor memory that he’s being excused from standing trial for his felonies. And that’s not even including how he stood by and allowed his drug addict of a son to get rich by peddling his name.

 

[Lisa558]

Two - DA James and the judge

Oh, then that’s different. It’s OK for two Trump-hating devils to rob close to 100 million people of their right to vote for Trump.

 

[meaner gene]

Just between you and me, I am SO losing patience with these Gestapo tactics and the idiots who support them - all the while saying we need to keep Trump out to “save democracy.” Are they nuts?!

Take this case. The libs keep crying about how Trump cheated taxpayers and owes them the $350 million. How?! The money Trump borrowed allowed him to expand his business, thereby providing hindreds or even thiusands of NYers with jobs, and the bank made $100 in interest, for which they owe income tax.

Everyone made out with the loan: NYers, who got jobs and a LOT of tax revenue, and the bank, that made a large profit.

These lib voters are IDIOTS, at best.

Do you feel the same way about businesses who illegally took COVID relief?

On March 29, 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law. It provided more than $2 trillion in economic relief to help Americans cope with the economic impact of the COVID-19 global pandemic. The Act originally authorized up to $349 billion in forgivable loans to small businesses through the Paycheck Protection Program (PPP), and Congress later authorized $321 billion in additional PPP funding. Additionally, the CARES Act has authorized other relief, such as the Economic Injury Disaster Loan (EIDL), Economic Impact Payments (EIP), Provider Relief Fund (PRF), Pandemic Unemployment Assistance (PUA), and Federal Pandemic Unemployment Compensation (FPUC).

 

[Catsnmeters]

If it was, it would have been given to the banks. It wasn't. It was kept by the state. It is a fine.

Receivership Sourcebook | Stenger & Stenger Attorneys at Law

Where actions are brought by the government to enjoin the continuation of conduct prohibited by law, the government frequently seeks appointment of a receiver to assist in marshalling assets on behalf of injured victims, consumers, or investors. For reasons discussed in detail in this...

www.stengerlaw.com

"The purpose of disgorgement is to prevent the wrongdoer from profiting from his illegal acts, not to reimburse those who have been injured by his conduct; and there is no requirement that disgorged funds be used for investor restitution."

Did you get bad info from the media?

 

[Lisa558]

Do you feel the same way about businesses who illegally took COVID relief?

On March 29, 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law. It provided more than $2 trillion in economic relief to help Americans cope with the economic impact of the COVID-19 global pandemic. The Act originally authorized up to $349 billion in forgivable loans to small businesses through the Paycheck Protection Program (PPP), and Congress later authorized $321 billion in additional PPP funding. Additionally, the CARES Act has authorized other relief, such as the Economic Injury Disaster Loan (EIDL), Economic Impact Payments (EIP), Provider Relief Fund (PRF), Pandemic Unemployment Assistance (PUA), and Federal Pandemic Unemployment Compensation (FPUC).

Huh? What do actual crimes have to do with the nothingburger of a “crime” for which Trump is being destroyed?

 

[meaner gene]

If it was, it would have been given to the banks. It wasn't. It was kept by the state. It is a fine.

It wasn't kept by the state, it was collected by the state, and will be used for the betterment of the people and businesses of New York State.

 

[Lisa558]

Receivership Sourcebook | Stenger & Stenger Attorneys at Law

Where actions are brought by the government to enjoin the continuation of conduct prohibited by law, the government frequently seeks appointment of a receiver to assist in marshalling assets on behalf of injured victims, consumers, or investors. For reasons discussed in detail in this...

www.stengerlaw.com

"The purpose of disgorgement is to prevent the wrongdoer from profiting from his illegal acts, not to reimburse those who have been injured by his conduct; and there is no requirement that disgorged funds be used for investor restitution."

Did you get bad info from the media?

Yawn.

I myself have always been honest, but I bet tens of thousands of people have exaggerated the value of their home. The banks caught it in an appraisal, and adjusted the loan amount.

Should the homeowners all be pulled into court and fined $1 million? Why is Trump being ruined for something 50,000 people have done?

 

[Rawley]

Receivership Sourcebook | Stenger & Stenger Attorneys at Law

Where actions are brought by the government to enjoin the continuation of conduct prohibited by law, the government frequently seeks appointment of a receiver to assist in marshalling assets on behalf of injured victims, consumers, or investors. For reasons discussed in detail in this...

www.stengerlaw.com

"The purpose of disgorgement is to prevent the wrongdoer from profiting from his illegal acts, not to reimburse those who have been injured by his conduct; and there is no requirement that disgorged funds be used for investor restitution."

Did you get bad info from the media?

That is for SEC actions

I read the statute they sued him under. Nothing about disgorgement. It was a fine.

https://codes.findlaw.com/ny/executive-law/exc-sect-63/

Section 12

 

[Dadoalex]

Not only does the absurd judgment by the clown judge Engeron violate Trumps's 8th Amendment rights, it is also based on a statute that is unconstitutional.

Making the entire trial an obscene play. Lead by an obscene judge who really cares nothing for the oath he swore.

In 1998, however, the Court injected vitality into the strictures of the clause. "The touchstone of the constitutional inquiry under the Excessive Fines Clause is the principle of proportionality: The amount of the forfeiture must bear some relationship to the gravity of the offense that it is designed to punish." In United States v. Bajakajian, the government sought to require that a criminal defendant charged with violating federal reporting requirements regarding the transportation of more than $10,000 in currency out of the country forfeit the currency involved, which totaled $357,144. The Court held that the forfeiture in this particular case violated the Excessive Fines Cause because the amount forfeited was "grossly disproportionate to the gravity of defendant’s offense." In determining proportionality, the Court did not limit itself to a comparison of the fine amount to the proven offense, but it also considered the particular facts of the case, the character of the defendant, and the harm caused by the offense.​

https://constitution.congress.gov/browse/essay/amdt8-3/ALDE_00000962/

And see:

Opinion analysis: Eighth Amendment’s ban on excessive fines applies to the states - SCOTUSblog

The Supreme Court today ruled that the Eighth Amendment’s ban on excessive fines applies to the states. The decision is a victory for an Indiana man whose luxury SUV was seized after he pleaded guilty to selling heroin. It is also a blow to state and local governments, for whom fines and forfeitures

www.scotusblog.com

If trump thinks his fines are excessive he can appeal.
AFTER posting his bond or paying his fine.

Rukle of Law you know and, let's face it, trump is not a very good investment.

 

[Lisa558]

It wasn't kept by the state, it was collected by the state, and will be used for the betterment of the people and businesses of New York State.

It’s not their money to hand out to other people. There were no damages in this case, and no victim.

Of course, being a lib, you think it’s fine to steal $350 million from a rich guy and give it others. Marxism at its finest.