Quote (Thor123422 @ 3 Feb 2024 18:35)
I can't go list my vehicle as having 1/3rd the miles though. That is fraud. Same way I can't list my house as having 3x the square footage. That's fraud too.
Valuation is subjective. Things like square footage and the right to break lots into residential areas is not. So if I say "my car is worth 500k" that's not fraud as it's an opinion. But if I say "My car is worth 500k because the seats are made of solid gold", that is fraud as the seats are not made of gold.
As a matter of fact, you CAN put the mileage on your vehicle as 1/3rd of what it is on a loan form at a bank. No worries. A rather surprising number of people have no idea what the mileage on their vehicle is and just guess. Had one guy list his 2 year old truck as 95,000 miles because "I drive a ton!". When they valuated the truck, they checked the mileage. 15K. Most customers guess fewer miles, or larger square footage. Their guesses are irrelevant. The bank ALWAYS valuates on their own.
Valuation IS subjective, sure. But the valuation from a BANK typically includes multiple assessments, by full time, professional assessors, like, this is literally what they do. And the reason that "fraud" is not a thing when dealing with bank loans is because they trust nothing, verify everything. Every time.
Now, if you could prove that a bank employee provided Trump a loan at a rate that would not be provided by any other person at that bank, or any other bank, based on their own valuation of his property values that he was putting up as collateral, then we could look at the "inside job" form of fraud. But that's not what happened at all, is it? And once again, information I see is that his penthouse apartment is 11K square feet and the roof, which is part of it and has full access is 15K square feet. That would be 26K square feet. 30K isn't far off.
Once again, everything you're saying is either made up, a lie, or assumes intent that no reasonable jury would assume. Which is precisely why they refused to allow him a jury trial. And that's where it gets fun.
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No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
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In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense
Now, here's where it gets fun. If the accusation is criminal fraud, then Trump cannot be denied a jury. But he was denied a jury. Therefore, it's NOT criminal fraud, no matter WHAT you claim. So, then we get to a civil case. Civil cases are kind of funny. They require one person or company to sue another person or commpany over whatever perceived injustice they have. Your claim that the DA can press these charges, that's literally their job, is NOT correct. Trump's accuser in this case is a DA, not a bank or any of their representatives. Trump had no business dealings with the DA that the DA could sue him over. Not a criminal trial and no jury? Then the complainant MUST be the person or company that trump misrepresented himself to. If it IS criminal, then Trump needs a jury.
Further, Civil penalties have maximums, and those maximums must be based on damages in fact. Not perceived damages, damages in fact. And no bank provided damages in fact. $370 million is what they're demanding, right? And ALL of that to be seized by the State and City of NY, who are not even a complainant. The entire process around the case AND how it has been handled, or the fact that it was handled at all, is BEGGING for a swift kick in the dick in appeals.