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But, of course
Posted on: January 11, 2024 at 14:56:09 CT
Ace AU
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Trump’s claim that statute 63(12) has “never been used before” is false, with the New York AG using the law to bring lawsuits against such parties as a leasing company, e-cigarette company JUUL Labs and a predatory lender company. The Trump Organization case isn’t even the first time 63(12) has been used against Trump and his businesses, as former AG Eric Schneiderman previously sued Trump University under the statute, which resulted in a $25 million settlement in 2018.
The statute does not require intent to commit fraud or anyone to be harmed by the fraud, and it does not give Trump the inherent right to a jury trial, with legal experts noting to CNN that while civil lawsuits that request monetary damages are entitled to a jury trial, cases seeking other “equitable relief”—meaning penalties that force the defendant to take or refrain from taking some kind of action, rather than just paying money—can be decided by a judge alone, which is more common with 63(12) violations and is the case in this trial.
The statute does not require intent to commit fraud or anyone to be harmed by the fraud, and it does not give Trump the inherent right to a jury trial, with legal experts noting to CNN that while civil lawsuits that request monetary damages are entitled to a jury trial, cases seeking other “equitable relief”—meaning penalties that force the defendant to take or refrain from taking some kind of action, rather than just paying money—can be decided by a judge alone, which is more common with 63(12) violations and is the case in this trial.
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But, of course - Ace A - 1/11 14:56:09