Ivanka Trump challenges judge’s order to testify in NY fraud trial.
Ivanka Trump’s attorney has filed a notice of appeal after Ms. Trump was ordered by a judge to testify in the civil fraud trial against her father and brothers last week.
“This appeal is taken from each and every part of the Order insofar as it applies to Ms. Trump,” reads the appeal, filed by her attorney, Bennet Moskowitz.
Mr. Moskowitz had argued in a court hearing before New York Supreme Court Justice Arthut Engoron that Ms. Trump doesn’t transact business at Trump Tower, contrary to her subpoena, and New York is no longer her primary residence.
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“Since 2017, she’s been there once or twice a year, never for business, to say hello, to people including family members for 15 minutes, 30 minutes, things like that.
“So there is no basis to say a service on an entity at Trump Tower is service on her individually. That’s just wrong,” he said, according to a transcript of the hearing.
Justice Engoron denied the motion, ordering Ms. Trump to appear in person for testimony but scheduling her appearance later than her brothers’ so that the decision could be appealed.
“Plaintiff’s papers make abundantly clear documentary evidence that Ms. Trump owns property in New York and has done business in New York,” he said.
If she testifies, it will be on Nov. 8, after her father’s testimony—which is expected on Nov. 6 and possibly will continue into a second day.
On Nov. 1, her father, former President Donald Trump, blasted the judge for the order.
“Leave my children alone, Engoron. You are a disgrace to the legal profession!” he wrote on Truth Social.
Case
Her brother Donald Trump Jr. took the witness stand on Nov. 1, and will continue to testify on Nov. 2. Eric Trump will testify next.
Last September, the New York Attorney General sued Trump Organization executives including former President Donald Trump and his two adult sons, and Ms. Trump, accusing the former president of defrauding the state by artificially inflating his net worth. Prosecutors argued that banks and lenders took undue risks because the Trump Organization asset values were inflated on the annual statements of financial condition (SFC), and are asking for $250 million in damages and to bar the defendants from doing business in New York for five years.
Justice Engoron has already ordered the cancellation of Trump Organization business certificates and the passing over of those entities to a third party to sell off, but the process has been paused by an appeals court.
Over the summer, an appeals court had put a statute of limitations on the case, and dismissed Ms. Trump as a defendant because of that ruling. Ms. Trump had left Trump Organization by 2016 to take an adviser post in the White House alongside her father.
Statute of Limitations
In June, the appeals court limited the case to transactions completed after Feb. 6, 2016, and claims accrued after July 13, 2014.
The attorney general’s office originally brought for claims related to the SFCs of 2011 to 2021, and have continued to present evidence in court that falls outside the statute of limitations.
Defense attorneys have routinely objected to the entering of such evidence or testimony, but Justice Engoron has continued to allow it, ruling that prosecutors are allowed to present such information if they can connect it to claims accrued after 2014 and transactions completed after 2016.
Why did Ivanka Trump’s attorney file a notice of appeal in the civil fraud trial?
In a recent development, Ivanka Trump’s attorney has filed a notice of appeal after the businesswoman was ordered by a judge to testify in the civil fraud trial involving her father and brothers. The appeal, filed by her attorney Bennet Moskowitz, asserts that the appeal is taken from every part of the order that applies to Ms. Trump.
During a court hearing before New York Supreme Court Justice Arthut Engoron, Mr. Moskowitz argued that Ivanka Trump does not transact business at Trump Tower, contrary to the subpoena, and that New York is no longer her primary residence. He emphasized that since 2017, she has only visited the tower once or twice a year, and that those visits were purely personal, lasting no more than 15 or 30 minutes.
Justice Engoron, however, denied the motion and ordered Ivanka Trump to appear in person for testimony. He scheduled her appearance after her brothers’ testimonies to allow for an appeal of his decision. According to him, there is ample documentary evidence that Ms. Trump has owned property in New York and has conducted business there.
If Ms. Trump does indeed testify, her appearance is scheduled for November 8, following her father’s testimony on November 6. It is anticipated that her father’s testimony may extend into a second day.
It is worth noting that on November 1, former President Donald Trump criticized the judge’s order. The development surrounding Ivanka Trump’s involvement in the trial continues to attract significant attention and speculation.
These recent events reflect the ongoing legal battle faced by the Trump family. As the proceedings move forward, it remains to be seen how this appeal will unfold and what impact it will have on the overall outcome of the civil fraud trial.
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