Quote (Thor123422 @ 3 Feb 2024 14:26)
For reference the law is
"Under New York law, the five elements of a fraud claim must be shown by clear and convincing evidence: (1) a material misrepresentation or omission of fact (2) made by defendant with knowledge of its falsity (3) and intent to defraud; (4) reasonable reliance on the part of the plaintiff; and (5) resulting damage to the plaintiff."
All elements are met. The damage to the plaintiff is that the banks took on excess risk and so was deprived of higher interest rates they could charge or have required more collateral.
Quote (Thor123422 @ 3 Feb 2024 14:23)
I wouldn't advertise you worked for a bank and then show so clearly you don't even know the definition of fraud
I did work for a bank. And that's the reason I know there was no fraud.
Quote (Thor123422 @ 3 Feb 2024 14:26)
For reference the law is
"Under New York law, the five elements of a fraud claim must be shown by clear and convincing evidence: (1) a material misrepresentation or omission of fact (2) made by defendant with knowledge of its falsity (3) and intent to defraud; (4) reasonable reliance on the part of the plaintiff; and (5) resulting damage to the plaintiff."
All elements are met. The damage to the plaintiff is that the banks took on excess risk and so was deprived of higher interest rates they could charge or have required more collateral.
1. Sure, there was inaccurate information. Whether it was a misrepresentation or not is up for debate. Or omission, for that matter. Once again, it doesn't matter. The applicant doesn't have to enter what they think the values or footage or or building restrictions or anything else are at all. The bank relies on it's on valuation, not that of the applicant.
2. Now you're talking intent, and there's no evidence of intent to do anything. He put down some numbers, or his accountant did. If some were inaccurate, who cares?
3. He had no intent to defraud. He was a Billion dollar client. He wanted a loan and banks COMPETED to give him the loans he requested, and all were repaid in good faith. Where's the intent to defraud?
4. The "plaintiff" is the State of New York, who was not part of the transaction at all and has neither cause nor concern in the matter. There is no reliance on the plaintiff, they were not part of the transaction and are not bankers.
5. There was no damage to the "plaintiff". The State of New York did not suffer any damages from Trump receiving loans that banks competed to give him.
You are missing 4 out of 5 necessary factors for fraud to in fact have occurred. Which is, once again, why the BANKS testified on Trumps behalf that the valuations were their OWN valuations, nothing Trump put on the form was relevant.
Once again, you should stop lying. You don't know what you're talking about. I get it, "orange man bad" and all. That's fine. You hate Trump and want to see him get it raw. That's fine, you're entitled to your opinion. There is no fraud here, no banks were harmed. What SHOULD be of EXTREME concern to you, however, is what I've already stated:
Quote (InsaneBobb @ 3 Feb 2024 02:53)
The effective result of this case is horrific. If you go and purchase a $30,000 property, then dump $1,000,000 into improvement of that property, it's resale value is probably going to be several million dollars. What you will be taxed on the property, aka it's taxable value, is still going to be right around $30,000 until it is actually sold. While property taxes can go up, they only go up a small percentage of the initial purchase. Because property improvements aren't income, they're an expense. If you take loans against your own property that you've spent decades improving the value of, NY has set the precedent that if those loans are based on sale value of the property rather than taxable value, they can now simply steal your property and prevent you from earning a livelihood.
This is quite possibly the greatest attack on private ownership and private contracts ever seen in the US. And the left is too stupid to understand how it can be used to steal everything from them, because they're so focused on their hatred of the orange man. It's sad.