New York AG says $175 million Trump fraud bond isn't properly backed, should be voided
Source: CNBC
The New York Attorney Generals office on Friday asked a judge to effectively void a $175 million bond posted by former President Donald Trump to secure a much larger monetary damage award in his civil business fraud case.
The AGs office in a filing said that Trump and other defendants in the case had failed to show there is enough identifiable collateral to back the bond for the judgment in Manhattan Supreme Court.
The filing notes that the surety Trump used to obtain the bond, Knight Specialty Insurance Company, is a small insurer that is not authorized to write business in New York and thus not regulated by the states insurance department, had never before written a surety bond in New York or in the prior two years in any other jurisdiction, and has a total policyholder surplus of just $138 million.
The filing opposes a joint motion by Trump and KSIC to justify the insure as the surety company holding the bond.
Lawyers for AG Letitia James asked Judge Arthur Engoron to require Trump and other defendants to put up a replacement bond within seven days of ruling on the issue.
Read more: https://www.cnbc.com/2024/04/19/new-york-ag-says-175-million-trump-fraud-bond-isnt-properly-backed-should-be-voided.html
Irish_Dem
(47,310 posts)Tries to pull a fast one, in keeping with all of his other business fraud.
He hoped he could pull a fast one on the court, it didn't work,
but he was able to buy himself some time.
pandr32
(11,605 posts)No real money.
LetMyPeopleVote
(145,489 posts)New York AG asks for the judge in Trump's civil fraud case to REJECT the Knight surety and declare the bond to be "without effect."
Link to tweet
Here is a link to the filing
https://www.documentcloud.org/documents/24558931-452564_2022_people_of_the_state_of_v_people_of_the_state_of_memorandum_of_law_i_1738
onetexan
(13,056 posts)riversedge
(70,282 posts)onetexan
(13,056 posts)onenote
(42,746 posts)My guess is that the court will reject it, but that's just speculation on my part.
intrepidity
(7,335 posts)Ambiguous.
onenote
(42,746 posts)Last edited Sat Apr 20, 2024, 02:45 PM - Edit history (1)
After that James could start the process of taking Trump's property. However, I'm guessing that if the bond is rejected by the court, Trump will appeal and ask the appellate court to stay any action by James until that appeal is decided.
In other words, I don't expect James to be able start doing much immediately.
EarthFirst
(2,901 posts)Justice matters.
(6,939 posts)What's next? Bond reduced to 50??
returnee
(47 posts)charging him with fucking perjury for his under-oath statement regarding his cash holdings.
riversedge
(70,282 posts)BREAKING: New York Attorney General Letitia James drops a Friday bombshell on Donald Trump and formally asks the judge to void his $175 million bond.
This is the nightmare scenario for MAGA...
In her filing, James' office stated that Trump and the other defendants in the case (including his sons Eric and Don Jr.) have failed to prove that there is enough collateral to back the bond.
She further notes that Knight Specialty Insurance company, which provided the bond, is "a small insurer that is not authorized to write business in New York and thus not regulated by the states insurance department, had never before written a surety bond in New York or in the prior two years in any other jurisdiction, and has a total policyholder surplus of just $138 million."
Lawyers for James have asked Judge Arthur Engoron to force Trump and the other defendants to secure a replacement bond with a week of ruling on the issue.
Link to tweet
bluestarone
(17,019 posts)I just gotta ask here, is it HER job to see this? WTF? Day one it should have been REJECTED!!
catbyte
(34,426 posts)moniss
(4,274 posts)that, while a non-admitted company can issue a bond or policy under certain circumstances, you would be on your own regarding any enforcement in the case of a default. Meaning the state of NY would have to look at many millions in legal expenses and perhaps many years only to end up with nothing. Knight could have that subsidiary file bankruptcy the minute a claim for that NY bond came in and then face a nightmare scenario of trying to get any money.
Move against the properties and maybe find there is little value beyond the leverage along with having umpteen different other creditors hitting you with lawsuits trying to hamstring you while trying to preserve their "interests". Even if they would all be unsuccessful you might still be looking at millions in litigation and many years.
It's a bad situation without a true escrow of the bond amount. The house of cards Knight and the Orange Ruski constructed is worse than worthless. It's a potential money trap of legal costs.
twodogsbarking
(9,793 posts)Novara
(5,851 posts)It's gotta be close to half a billion by now.
Diraven
(526 posts)I totally predicted he'd try to get away with a bogus bond without real collateral as soon as I heard he was trying to post bond. Though I'm still not sure if this is him trying to get away without paying the judgment, or another delaying tactic to ask for even more time to fix the intentional incompetence.
jmowreader
(50,562 posts)I know there are liquidity requirements for these things - in other words, an insurer isn't allowed to put all his eggs in one orange basket. How much surplus would Knight have to be sitting on to legally write a $175 million surety bond? Especially to someone who's as famous for not paying his bills as Trump is?
They might be better off taking their $175 million to Aqueduct Racetrack or Belmont Park and betting on horses. If you're good at predicting horse races you can make quite a bit of money in that pursuit.
Phoenix61
(17,013 posts)So, not even close. If the parent company owned by his buddy wanted to write it they would have.
jmowreader
(50,562 posts)At least according to Trumps filing they do. If its true you can only write a bond for 10 percent of your companys capital, theyre still way short.
Hermit-The-Prog
(33,400 posts)republianmushroom
(13,661 posts)onenote
(42,746 posts)republianmushroom
(13,661 posts)Think. Again.
(8,359 posts)...any defending attorney should know that they must have their paperwork in order as legitimate before even filing it with the court, which is wh they should be licensed in various states to engage in this.
Posting bonds is not a new thing for attorneys, they know the rules, regulations, guidelines etc. of what is an acceptable bond posting or not, so filing this kind of non-compliant paperwork must be considered a deliberate attempt to interfere with the procedings of the court.
captain queeg
(10,235 posts)Maxheader
(4,373 posts)and sell his real estate.
LetMyPeopleVote
(145,489 posts)New York's attorney general said Knight Specialty Insurance Company has not shown that it has enough collateral to back the bond.
Link to tweet
https://www.msnbc.com/top-stories/latest/letitia-james-trump-fraud-bond-judgment-void-rcna148664
In a filing on Friday, James said Knight Specialty Insurance Company, which underwrote Trump's bond, has not been able to show that it has enough collateral to back it. She described KSIC as "a small insurer that is not authorized to write business in New York and thus not regulated by the states insurance department," and said the company had never written a surety bond in New York or in the past two years in any other jurisdiction.
James office is seeking to have Trump put up a replacement bond within seven days of a ruling. A hearing is set for Monday.
KSIC is part of the Los Angeles-based Hankey Group of Companies, owned by billionaire Don Hankey. Several of his companies have run into trouble with federal regulators in the past. Hankey is also a major stockholder in a San Diego financial company that had refinanced some of Trump's loans when other banks refused to do so, NBC News reported.
Trump's struggle to secure a bond for his civil fraud judgment was well documented, despite his protests that he had cash in hand. A week before the deadline to post his bond, his lawyers pleaded for a stay in the $454 million judgment, telling Engoron that theyd been rejected by 30 surety companies that would not accept real estate as collateral.
LetMyPeopleVote
(145,489 posts)New York's attorney general said Knight Specialty Insurance Company has not shown that it has enough collateral to back the bond.
Link to tweet
https://www.msnbc.com/top-stories/latest/letitia-james-trump-fraud-bond-judgment-void-rcna148664
In a filing on Friday, James said Knight Specialty Insurance Company, which underwrote Trump's bond, has not been able to show that it has enough collateral to back it. She described KSIC as "a small insurer that is not authorized to write business in New York and thus not regulated by the states insurance department," and said the company had never written a surety bond in New York or in the past two years in any other jurisdiction.
James office is seeking to have Trump put up a replacement bond within seven days of a ruling. A hearing is set for Monday.
KSIC is part of the Los Angeles-based Hankey Group of Companies, owned by billionaire Don Hankey. Several of his companies have run into trouble with federal regulators in the past. Hankey is also a major stockholder in a San Diego financial company that had refinanced some of Trump's loans when other banks refused to do so, NBC News reported.
Trump's struggle to secure a bond for his civil fraud judgment was well documented, despite his protests that he had cash in hand. A week before the deadline to post his bond, his lawyers pleaded for a stay in the $454 million judgment, telling Engoron that theyd been rejected by 30 surety companies that would not accept real estate as collateral.