Does Donald Trump have money? The former US president is expected to post bail on Monday to cover a $464 million fraud judgment against him – or risk having his assets seized by Letitia James, the New York attorney general.
It marks the end of a 30-day grace period given by James to Trump after a New York court issued its ruling. He has asked a state appeals court to intervene, but so far it has not issued a decision.
In theory, this should be a simple legal question. In practice, like all relationships between these antagonists, it will be overshadowed by political considerations.
What are the next steps?
If Trump doesn’t pay, James could deliver an “execution” notice to the Manhattan sheriff, or to any of the many New York marshals authorized to collect on behalf of the courts. If he requested the seizure of money from Trump’s bank accounts, sheriffs or marshals could begin collecting the money the same day.
Property foreclosure is more complicated. Most of Trump’s buildings are held by limited liability companies. Even if he controls them, he could delay the matter by arguing that he cannot unilaterally relinquish the assets, and the attorney general would have to obtain a court order to force him to do so. Again, New York law requires that the sale of properties must be advertised in local newspapers and in public places at least 56 days before the auction. The properties in question are usually auctioned on the steps of the county courthouse.
The procedure is slightly different in Florida, but there is nothing to stop James from trying to take Mar-a-Lago or Trump properties in other states.
The attorney general could more easily begin seizing items within Trump’s properties, such as art. Even if the former president was able to resist, “this judge will order a turnover order in a millisecond,” predicted Adam Pollock, a New York lawyer who previously worked in the attorney general’s office. Some exceptions apply: Trump, for example, would be allowed to keep “one motor vehicle valued not to exceed four thousand dollars” and as many Bibles as he may own.
Does the Attorney General have other options?
Some analysts warn that acting too quickly could backfire on James, a Democrat. “It’s a bit of a tightrope balancing act,” said Nikos Passas, a law professor at Northeastern University. The attorney general must apply the law without favoritism, he noted. “At the same time, you don’t want to be seen as unfair or acting as political revenge.”
James could freeze Trump’s assets by serving him with a “restraining notice,” which bars the debtor from making “any sale, assignment, transfer or interference with any property in which he has an interest.” If Trump violates this principle, contempt of court.
Another option would be for James to subpoena financial information from Trump that would force him to reveal all debts and liens on his various assets – something that could prove painful for the former president. Many of his properties are encumbered by mortgages. Trump, who has put his reputation as a billionaire on the line, may prove to be worth less than he claims.
Finally, James could give Trump an extension. But further clemency seems likely only if his lawyers can demonstrate that he is on the verge of getting bail and just needs a little more time, according to experts.
How much would a bond cost Trump?
A surety bond acts as a bank letter of credit. It ensures that the defendant can pay a legal judgment if appeals are unsuccessful. To protect themselves, insurers often require collateral totaling 100% of the judgment, or more, in cash or highly liquid securities, not real estate.
In Trump’s case, his lawyers estimated that he would actually need to post $570 million in bond, or 120% of the sentence. There is also an upfront fee of between 1% and 3% charged by the subscriber. Trump’s team pegged it at $18.5 million. Even if Trump wins his appeal, he won’t get that money back.
How much money does Trump have?
Trump said in a social media post on Friday that he had “nearly $500 million in cash.” This comes after he posted a $91.6 million bond earlier this month to cover a separate judgment from the defamation suit filed by writer E Jean Carroll. Trump’s true financial position is a mystery because his company is private. As the New York fraud case showed, he has a long history of exaggerating his wealth.
How about Truth Social?
Trump stands to gain a potential windfall of $3 billion or more after shareholders approved a plan to take his social media company public through his Spac, or blank check company. But there is a lock-up agreement that prevents him from selling his shares for six months. Furthermore, it is not possible to predict what the company’s valuation will be. Many investors who bought shares of the company with blank checks appear to have done so based more on their adoration of Trump than the company’s fundamentals.
“The value is only on paper,” said Passas of Northeastern University. “Therefore whoever accepts it as collateral will have to evaluate the risk.”
One possibility, Passas said, could be for Trump to pledge a combination of cash, stocks and other assets as collateral. Meanwhile, the attorney general has suggested that a group of insurers could split the bond into, say, five $100 million instruments to mitigate risk.
Could Trump get help from a wealthy friend or donor?
Even if one of Trump’s wealthy supporters could cover the money, that would invite enormous public scrutiny. It could also run afoul of campaign finance laws if the money was considered a contribution to help re-elect Trump.
“It certainly would raise serious questions about why anyone would spend that amount of money and incur all the other kinds of burdens that would come with it,” said Erin Chlopak, a campaign finance expert at the Campaign Legal Center.
If it were a foreign source, the scrutiny would be even greater and campaign finance issues would become even more sensitive. In terms of other campaign funds, Trump could tap Save America, the so-called leadership Pac he controls. At the end of February he had only $4.1 million available.
Could Trump declare bankruptcy?
Taking this route would probably buy him time. But Trump’s team is reportedly moving away from that option because of the political damage it would do to a candidate who has sold himself as a brilliant businessman.
Afurther report from Alex Rogers in Washington