FORT LAUDERDALE, Fla. \u2014 In the wake of a New York judge\u2019s ruling that Donald Trump and his Trump Organization committed civil fraud, the former president\u2019s trophy Florida properties have become potential low-hanging fruit for seizures to help cover a $250 million penalty sought by State Attorney General Letitia James.<\/p>\n
But any confiscation of properties such as mansions, golf courses, hotels and office buildings, wherever they may be, is likely to be a long time coming, according to legal observers. They note that the penalty phase of the case, which started Oct. 2 as a bench trial before New York State Supreme Court Justice Arthur Engoron, will last well into December. And then, any ruling against Trump would be bound to be appealed all the way to the Court of Appeals, the top level of the state\u2019s court system.<\/p>\n
If James prevails and she ultimately decides to come to Florida to pursue trophy properties such as the venerable Mar-a-Lago estate in Palm Beach, the Trump National Doral Miami golf courses in Miami-Dade County or the Trump National Golf Club Jupiter, she would have to ask a Florida court to recognize a civil judgment obtained from Engoron.<\/p>\n
James, in her lawsuit, said she is seeking \u201cthe awarding and disgorgement of all financial benefits\u201d obtained by Trump, his two sons, Eric and Donald Trump Jr., and various companies \u201cfrom their fraudulent scheme.\u201d<\/p>\n
But it\u2019s too early to be contemplating the enforcement of a New York judgment in a Florida court, lawyers say, noting that Engoron\u2019s finding that Trump committed fraud is on appeal. During personal appearances at trial in New York last week, the former president angrily denied the findings and openly and repeatedly denounced both the judge and James.<\/p>\n
\u201cI think it\u2019s too early to tell,\u201d said David Weinstein, a former federal prosecutor now in private practice with the Jones Walker firm in Miami. \u201cWe have to see what the rest of the trial brings.\u201d<\/p>\n
\u201cThey\u2019ve appealed his order,\u201d he added. \u201cIt\u2019s final, but it\u2019s not final. I don\u2019t think anyone has to worry about having their tee times canceled.\u201d<\/p>\n
Still, any properties owned by the Trump empire are potential confiscation targets to help satisfy any financial judgment James\u2019 office might win on New York State\u2019s behalf if legal events fall in her favor as they have thus far. experts say.<\/p>\n
\u201cEvery one of the properties listed is a candidate for seizure,\u201d said Robert Jarvis, professor of law at the Shepard Broad College of Law at Nova Southwestern University in Davie.<\/p>\n
\u201cOnce (the New York judgment) is turned into a Florida judgment she can enforce her judgment against any property Trump has in Florida,\u201d he said.<\/p>\n
The Florida Enforcement of Foreign Judgment Act is what allows holders of civil court judgments from other states to collect what they are owed.<\/p>\n
\u201cIt can get very complicated depending on who the judgments are against and how the properties are held,\u201d said James D. Silver, a partner at the law firm of Kelley Kronenberg who specializes in complex commercial litigation, bankruptcies and receiverships.<\/p>\n
If a judgment is being appealed, he said, the person or entity who has been ordered to pay up and wants to delay payment until the appeal is over could be required by the court to put up a \u201csupersedeas bond\u201d to ultimately ensure payment.<\/p>\n
It\u2019s not as if James would lack choices in identifying properties to seize. After a three-year investigation, she alleged Trump \u201cengaged in numerous acts of fraud and misrepresentation\u201d over multiple years. In a lengthy summary, the suit alleges that Trump overstated the value of nearly two dozen commercial properties in order to secure lower interest rates on loans and lower premium payments for insurance.<\/p>\n
Properties spotlighted in the suit included major Trump holdings in New York City and in the northern suburb of Westchester County. The Florida properties are also included, as well as 10 golf courses around the United States and in Scotland.<\/p>\n
Besides the golf courses in Doral and Jupiter, Trump operates the Trump International Golf Club outside of West Palm Beach, a favorite retreat when he\u2019s in town, but the land it occupies is leased from the county.<\/p>\n
In her lawsuit, James noted there are \u201d500 separate entities that collectively do business\u201d under the Trump Organization umbrella. Ivanka Trump was dropped from the case due to the statute of limitations.<\/p>\n
\u201cShe is not limited to the properties she has listed,\u201d Jarvis said of James. \u201cLet\u2019s say Trump has a hidden interest in a hotel in Aruba she does not know about. It does not mean she cannot get it if she hasn\u2019t discovered it.\u201d<\/p>\n
But of all of the properties listed, the Florida holdings have drawn an abnormal amount of media attention as the courtroom testimony droned on.<\/p>\n
The Palm Beach estate worth at least tens of millions (or more than a billion?), became the focal point of courthouse and social media dueling over its value last week when Trump himself appeared in court.<\/p>\n
Between 2011 and 2021, according to court papers, the property has been valued for tax purposes at between $18 million and $27.6 million, according to the Palm Beach County Property Appraiser. In his order, Engoron relied on those figures as the \u201cmarket value.\u201d<\/p>\n
In a 35-page order finding fraud on the part of Trump, the judge ridiculed estimates given by longtime Palm Beach real estate broker Lawrence Moens, who asserted in an affidavit as an expert defense witness that the estate\u2019s value could exceed $1.5 billion.<\/p>\n
The judge pointed to a deed Trump signed nearly 30 years ago that gave him the right to operate Mar-a-Lago as a club, but negated his ability to use it as a residence or to build additional homes there. The revised status led to the lower valuations by the property appraiser\u2019s office, a factor that was not lost on the judge.<\/p>\n
\u201cIn defendants\u2019 world: rent-regulated apartments are worth the same as unregulated apartments; restricted land is worth the same as unrestricted land; restrictions can evaporate into thin air; a disclaimer by one party casting responsibility on another party exonerates the other party\u2019s lies,\u201d the judge wrote in his order.<\/p>\n
Last Thursday, U.S. Rep, Jarad Moscowitz, whose congressional district includes parts of Palm Beach County, stepped into fray by writing a letter to property appraiser Dorothy Jacks, urging that she reappraise the property to reflect higher numbers.<\/p>\n
\u201cMar-a-Lago was listed as worth $490 million in financial documents given to banks,\u201d the congressman wrote. \u201cIf the property value of Mar-a-Lago is so much higher than it was appraised, will you be amending the property value in line with the Trump family\u2019s belief that the property is worth well over a billion dollars?\u201d<\/p>\n
\u201cI just sent this letter today, so I have not yet received any correspondence from the Palm Beach County Appraiser\u2019s Office,\u201d Moscowitz said in an email sent to the South Florida Sun Sentinel via his press secretary.<\/p>\n
Asked if he expects any local or Florida state law enforcement agencies to follow in the investigative footsteps of the New York attorney general, he replied: \u201cI will leave it up to county officials to decide whether or not they have been denied tax revenues or if any legal actions need to be taken. The purpose of my letter was simply to question the inconsistency between Trump\u2019s allegations and the amount of property taxes he has been paying.\u201d<\/p>\n
Some Trump supporters hope the power of prayer will overcome the power of the courts and state and federal law enforcement. Besides the potential dismantling of Trump\u2019s New York businesses through a court-ordered revocation of their certificates allowing them to operate in the state, the former president faces federal and state indictments in Washington and Georgia for alleged interference in the 2020 election, and a federal indictment alleging the mishandling of classified government documents in Florida.<\/p>\n
Trump National Miami in Doral, the site of countless popular professional golf tournaments over the decades, will become the scene of a prayer conclave for Trump next Thursday.<\/p>\n
The group \u201cPastors for Trump\u201d have lined up speakers including retired Lt. Gen. Michael Flynn, (pardoned by Trump after pleading guilty in the Russia election interference probe conducted by special counsel Robert Mueller), political adviser Roger Stone and pastor\/entrepreneur Jackson Lahmeyer of Tulsa, Oklahoma.<\/p>\n
\u201cTogether, we will unite in prayer, seeking a successful legal outcome for President Trump amidst the challenges he faces,\u201d said an emailed invitation in circulation last week from the pastor group.<\/p>\n
\u201cDespite these hurdles, we have thrilling news to report: President Trump is surging in the polls and is expected to make a triumphant return in 2024,\u201d the message said. \u201cOur collective efforts can play a pivotal role in shaping the future of our great nation. We encourage you to stand with us in prayer and take action to safeguard America\u2019s future.\u201d<\/p>\n
But even then, fresh legal initiatives against Trump may not be over. James, according to her lawsuit, referred her findings to the U.S. Attorney for the Southern District of New York.<\/p>\n