In Short
- Trump is seeking an appeal bond for a civil fraud case but faces challenges due to the bond’s magnitude.
- Insurance broker gary giulietti believes obtaining such a bond is practically impossible.
- The trump organization and trump’s legal team are strategizing to navigate this legal hurdle.
TFD – Learn about the complexities surrounding Trump’s appeal bond and the insights provided by insurance broker Gary Giulietti.
Trump has reportedly approached 30 underwriters to support the bond, which is due by the end of this month, according to his attorneys.
Trump’s attorneys said, “Very few bonding companies will consider a bond of anything approaching that magnitude, as the amount of the judgment, with interest, exceeds $464 million.” (Trump was ordered to pay $454 million; his adult sons Don Jr. and Eric’s disgorgement is included in the $464 million.)
In an affidavit, insurance broker Gary Giulietti—who represented Trump in the civil fraud trial—said that obtaining a bail for the entire sum “is a practical impossibility.”
Trump’s lawyers claim that potential underwriters are looking for cash, not real estate, to support the bond.
Due to the fact that Trump’s properties are worth significantly more than the verdict, Trump’s attorneys have requested the appeals court to postpone posting the bail until after his appeal of the case is concluded. Trump requested that the court postpone posting the bond until after his appeal to New York’s top court is considered, in the event that the appeals court rules against him.
Trump declared on Monday that he believed posting the bond was “practically impossible.”
In a post on Truth Social, he claimed the size of the bond is “unConstitutional, un-American, unprecedented, and practically impossible for ANY Company, including one as successful as mine. The Bonding Companies are unable to post a bond of this magnitude even if they so choose, and they have never heard of one before.
In a civil fraud lawsuit launched by New York Attorney General Letitia James, New York Judge Arthur Engoron ordered Trump to pay $355 million in disgorgement, or “ill-gotten gains,” last month. In his 93-page ruling, Engoron concluded that Trump and his co-defendants, which included his adult sons, were guilty of fraud, conspiracy, and issuing false financial statements and business records. The defendants had also falsely inflated Trump’s asset value in order to secure more favorable loan and insurance rates.
With interest added, Trump owes more than $450 million.
Trump is contesting the decision, but he needs to post a bond to be kept in an account while the appeal is handled, which might take years to complete, in order to prevent the state from enforcing the judgment.
Earlier this month, as part of his appeal in the defamation case against E. Jean Carroll, Trump posted a $91.6 million bond.
However, according to Giulietti, some of the largest underwriters are prohibited from obtaining bonds worth more than $100 million by internal standards. He added that not one of them, not even the biggest insurance firms in the world, would take real estate; they would only feel safe accepting cash or shares.
He said that Trump would need to provide more than $550 million, including fees and interest.
“Over the course of my career, during which I have been directly or indirectly involved in the issuance of thousands of bonds, I have never heard of nor seen an appeal bond of this size for a private company or individual,” Giulietti said. “Under these circumstances, obtaining an appeal bond for the judgment amount of over $464 million is just not possible, despite substantial good-faith effort over the last several weeks.”
The Trump Organization’s chief legal officer, Alan Garten, stated under oath that Chubb, which underwrote Trump’s $91.6 million bond to pay the Carroll judgment, was unable to accept real estate as collateral for the civil fraud bond.
Garten referred to the absence of real estate-focused underwriters as a “major obstacle” to bond acquisition.
Steven Cheung, a spokesman for the Trump campaign, attacked the magnitude of the fraud ruling.
“This kind of bond would be an abuse of the law, go against the core values of our Republic, and seriously damage the rule of law in New York,” stated Cheung. “President Trump will make America great again by continuing to combat and defeat all of these Crooked Joe Biden-directed hoaxes.”
CORRECTION: Gary Giulietti, Trump’s insurance broker, has had his name spelled correctly in this article. It has also been updated with new information and background data.
Conclusion
Trump’s pursuit of an appeal bond highlights the legal and financial complexities in the aftermath of a civil fraud ruling, showcasing the challenges faced by high-profile individuals in legal battles.
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