Post by Art Sackmanbusinesses that don't lie on their disclosure forms have nothing to worry
about.
no lie he put down what his appraisers estimated the value to be.
He didn't lie about what their estimates were
His fraud is a legal fact.
https://static01.nyt.com/newsgraphics/documenttools/ef72526861902856/1e996397-full.pdf
Blame the Accountants
The crux of the defense at trial was that defendants relied on their
accountants, mainly Mazars, but sometimes Whitley Penn, to make sure
that the SFCs were accurate, and that responsibility for any
misrepresentations lies with the accountants, not defendants .
Donald Trump, Jr. and Eric Trump testified several times that they
would have relied on their accountants to find any errors in the SFCs
supporting data.
As an initial matter, the Court notes that neither Mazars, nor Whitley
Penn, nor Donald Bender, is a defendant in this action, nor did
defendants ever attempt to implead them as third party defendants. More
significantly, however, this defense is wholly undercut by the
overwhelming evidence adduced at trial demonstrating that Mazars and
Whitley Penn relied on the Trump Organization, not vice versa, to be
truthful and accurate, and they had a right to do so...
Donald Trump himself acknowledged that, as was certified to in the
Management Representation Letters, he was responsible for the
preparation and fair presentation of financial statements.
There is overwhelming evidence from both interested and non-interested
witnesses, corroborated by documentary evidence, that the buck for being
truthful in the supporting data valuations stopped with the Trump
Organization, not the accountants. Moreover, the Trump Organization
intentionally engaged their accountants to perform compilations, as
opposed to reviews or audits, which provided the lowest level of
scrutiny and rely on the representations and information provided by the
client; compilation engagements make clear that the accountants will not
inquire, assess fraud risk, or test the accounting records.
End quote.
Also, too, there's the falsifying business records part.