by Matthew Russell Lee, Patreon Book Substack
NYS COURTHOUSE, Oct 2 – In the run up the Trump trial in the NYS AG James cases about overvaluation, Inner City Press went and live tweeted Judge Engoran's September 22 pre-trial conference on, among other things, materiality and (possible) sanctions. Thread.
On October 2 in the first day of trial, thread:
AG Letitia James' lawyer is introducing into evidence emails.
AG's lawyer: Let's pull up the native document, Mazars NY AG exhibit number
Witness (Donald Bender of Mazars): It's statement of financial condition of Donald J. Trump for 2011
Trump's lawyer: Objection!
Judge Engoran: If I change my ruling on objections (denying them), I'll let you know
AG's lawyer: What do these red marking mean?
Witness: 714 multiplied by .0615... AG's lawyer: So someone at Mazars confirmed the math? Witness: Yes AG's lawyer: What about the blue numbers? 4101.01
Witness: Mazars had software, I think it's called Engagement Epace
schedule AG's lawyer: Let's open another native file, let's put the Excel version up on the screen here. Do you recognize it? This is SLANE, saved as "Cash Balance as of 6/30/11 xls" Witness: Yes.
Trump's lawyer: We object again. Judge Engoran: I don't think we have to do it for every document. Trump's lawyer: I think we do. If we could come up with something to streamline it.... Judge Engoran: Well you only have three more months
[laugher in the courtroom]
AG's lawyer: Did Mazars undertake any effort to make sure this number was correct? Witness: No... I looked at it at a high level. If something bothered me, I'd bring it to their attention. They took it out. AG's lawyer: Do you recognize this document? [movement at the defense table] Judge Engoran: Objection duly noted Witness: Yes I do. These are also of June 30, 2021. AG's lawyer: Final version? Witness: Yes. It has my electronic signature
Witness (Mazars accountant Donald Bender) It says, the original information comes from the Trump Organization. AG lawyer: Judge Engoran, I don't know when you want to end? Judge Engoran: 4:30. We'll break at 4:30, how about that?
AG's lawyer: That's fine.
AG's lawyer: Whose decision was it, to include the Miss Universe pageant in this statement? Witness: Theirs.
AG's lawyer: Mr. Bender, we hand you Plaintiff's exhibit 786. What is it? Bender: It's the representation for the 2011 compilation Trump's lawyer: Statute of limitations objection. Judge Engoran: Noted
AG's lawyer: Who signed this? Bender: Allen Weisselberg, on behalf of the Trump Organization. AG's lawyer: And this language, what's the significance? Bender: That they read it, and confirmed it. Then I signed it on behalf of Mazars USA
AG's lawyer: Would Mazars have issued this statement of financial condition if Allen Weisselberg had not made this representation on behalf of Mr. Trump? Bender: No, we would not. AG's lawyer: Or if the representations were not true? Bender: No we would not
Judge Engoran: Let me stop you there, since we only have one minute.
Mr. Robert, you are very well versed in the CPLR, arent' you?
Mr. Robert: You'll tell me.
Judge Engoran: I do not have any discretion to ignore statutes of limitations, right?
Robert: Right...
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