这是个民事诉讼案件(civil lawsuit case)。一般民事诉讼遵循“民不告官不究”的原则,而且原告方须具有legal standing,法院才会受理。
但此案是由纽约州检察长提起的公诉,原告是PEOPLE OF THE STATE OF NEW YORK, BY ATTORNEY GENERAL OF NEW YORK。
而据称被特朗普夸大资产价值所欺骗的“受害方” -- 银行、保险公司等金融机构却没有提出诉讼。
而且此案的审理没有陪审团(Non-Jury Trial),就是法官说了算,而法官基本认同原告的指控。
此案的一个大问题是,受害方是谁?特朗普夸大资产价值所造成的损害(damages)有多少?
因为银行的贷款已经得到了偿还,这些金融机构并没有遭受财产损失,也没有向特朗普提出索赔要求。
法学教授Jonathan Turley称此案是$0 in actual damages,这使得3.55亿美元的巨额罚款看上去有些过度。
https://nypost.com/2024/02/17/us-news/h ... ud-ruling/
The monstrous fine alone raises "serious concerns," said George Washington University law professor Jonathan Turley.
"The glaring disconnect between $355 million in fines and $0 in actual damages raises obvious concerns over grossly excessive awards," Turley said. "In extreme cases, it can be a violation of due process under the federal constitution."
https://www.cbsnews.com/news/read-trump ... sanctions/
New York Attorney General Letitia James brought the civil suit in 2022, seeking a penalty (originally $250 million) that grew to $370 million and asking the judge to bar Trump from doing business in the state.
The judge had largely affirmed James' allegations that Trump and others at his company had inflated valuations of his properties by hundreds of millions of dollars over a the course of a decade and misrepresented his wealth by billions in a scheme, the state said, intended to trick banks and insurers into offering more favorable deal terms.
https://abcnews.go.com/US/york-ag-letit ... d=90240332
The civil lawsuit, filed Wednesday in State Supreme Court in Manhattan, seeks a $250 million judgment and a prohibition on any of the Trumps leading a company in the state of New York.
Trump Organization spokesperson said in a statement, "However, not only was no bank harmed -- actually, they profited handsomely to the tune of hundreds of millions of dollars in interest and fees -- and never once took issue with any of the loans in question."