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Appeals court throws out massive civil fraud penalty against U.S. President Donald Trump
U.S. President Donald Trump sits in the courtroom before the start of closing arguments in his civil business fraud trial at New York Supreme Court, Jan. 11, 2024, in New York. (AP Photo/Seth Wenig, Pool) NEW YORK — An appeals court has thrown out the massive civil fraud penalty against U.S. President Donald Trump, ruling Thursday in New York state's lawsuit accusing him of exaggerating his wealth. The decision came seven months after the Republican returned to the White House. A panel of five judges in New York's mid-level Appellate Division said the verdict, which stood to cost Trump more than US$515 million and rock his real estate empire, was 'excessive.' After finding that Trump engaged in fraud by flagrantly padding financial statements that went to lenders and insurers, Judge Arthur Engoron ordered him last year to pay $355 million in penalties. With interest, the sum has topped $515 million. The total — combined with penalties levied on some other Trump Organization executives, including Trump's sons Eric and Donald Jr. — now exceeds $527 million, with interest. 'While the injunctive relief ordered by the court is well crafted to curb defendants' business culture, the court's disgorgement order, which directs that defendants pay nearly half a billion dollars to the State of New York, is an excessive fine that violates the Eighth Amendment of the United States Constitution,' Judges Dianne T. Renwick and Peter H. Moulton wrote in one of several opinions shaping the appeals court's ruling. Engoron also imposed other punishments, such as banning Trump and his two eldest sons from serving in corporate leadership for a few years. Those provisions have been on pause during Trump's appeal, and he was able to hold off collection of the money by posting a $175 million bond. The court, which was split on the merits of the lawsuit and the lower court's fraud finding, dismissed the penalty Engoron imposed in its entirety while also leaving a pathway for further appeals to the state's highest court, the Court of Appeals. The appeals court, the Appellate Division of the state's trial court, took an unusually long time to rule, weighing Trump's appeal for nearly 11 months after oral arguments last fall. Normally, appeals are decided in a matter of weeks or a few months. New York Attorney General Letitia James, who brought the suit on the state's behalf, has said the businessman-turned-politician engaged in 'lying, cheating, and staggering fraud.' Her office had no immediate comment after Thursday's decision. Trump and his co-defendants denied wrongdoing. In a six-minute summation of sorts after a monthslong trial, Trump proclaimed in January 2024 that he was 'an innocent man' and the case was a 'fraud on me.' He has repeatedly maintained that the case and verdict were political moves by James and Engoron, who are both Democrats. Trump's Justice Department has subpoenaed James for records related to the lawsuit, among other documents, as part of an investigation into whether she violated the president's civil rights. James' personal attorney, Abbe D. Lowell, has said that investigating the fraud case is 'the most blatant and desperate example of this administration carrying out the president's political retribution campaign.' Trump and his lawyers said his financial statements weren't deceptive, since they came with disclaimers noting they weren't audited. The defense also noted that bankers and insurers independently evaluated the numbers, and the loans were repaid. Despite such discrepancies as tripling the size of his Trump Tower penthouse, he said the financial statements were, if anything, lowball estimates of his fortune. During an appellate court hearing in September, Trump's lawyers argued that many of the case's allegations were too old, an assertion they made unsuccessfully before trial. The defense also contends that James misused a consumer-protection law to sue Trump and improperly policed private business transactions that were satisfactory to those involved. State attorneys said the law in question applies to fraudulent or illegal business conduct, whether it targets everyday consumers or big corporations. Though Trump insists no one was harmed by the financial statements, the state contends that the numbers led lenders to make riskier loans than they knew, and that honest borrowers lose out when others game their net-worth numbers. The state has argued that the verdict rests on ample evidence and that the scale of the penalty comports with Trump's gains, including his profits on properties financed with the loans and the interest he saved by getting favorable terms offered to wealthy borrowers. The civil fraud case was just one of several legal obstacles for Trump as he campaigned, won and segued to a second term as president. On Jan. 10, he was sentenced in his criminal hush money case to what's known as an unconditional discharge, leaving his conviction on the books but sparing him jail, probation, a fine or other punishment. He is appealing the conviction. And in December, a federal appeals court upheld a jury's finding that Trump sexually abused writer E. Jean Carroll in the mid-1990s and later defamed her, affirming a $5 million judgment against him. The appeals court declined in June to reconsider; he still can try to get the Supreme Court to hear his appeal. He's also appealing a subsequent verdict that requires him to pay Carroll $83.3 million for additional defamation claims. ___ Jennifer Peltz And Michael R. Sisak, The Associated Press
CTV News
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Gymnast who sparked abuse inquiry into coach at elite U.S. academy says she ‘needed to speak out'
IOWA CITY, Iowa — Recalling the damage her now-arrested coach inflicted on her and many of her gymnast friends, Finley Weldon said she feels a sense of pride. Free from the grip that Sean Gardner had during her years of training at an Iowa academy known for producing Olympians, Weldon told The Associated Press in an exclusive interview that she is among the few who survived his abuse and are still in the sport. The 18-year-old is heading into her freshman year at Iowa State University, where she'll be a member of the Cyclones gymnastics team. She spoke with the AP on Wednesday, less than a week after Gardner was arrested on a child sexual exploitation charge. 'I didn't want him to take away anything from me, especially something that I love,' she said. 'None of the girls that I started with or went through the things that I did with Sean are still doing gymnastics today. So that's something I'm very proud of.' She's also happy she's made a difference, in the same way gymnasts she admires — like Aly Raisman, an Olympian whose visceral accounts of abuse by Larry Nassar shined a spotlight on the trauma gymnasts went through and how authorities failed to curb it. The AP generally does not identify victims of sexual abuse, but Weldon said she wanted 'my name out there because I was the one who did come forward.' 'I felt like I needed to speak out to stop it from happening to other little girls, so they didn't have to go through what I went through,' Weldon said. 'I knew it would just be a continuous cycle if nobody did.' Gymnasts reported abuse to watchdog in 2022 The FBI said Tuesday it believes Gardner 'targeted children' while coaching at Chow's Gymnastics and Dance Institute in West Des Moines, and gyms in Mississippi and Louisiana where he worked dating back to 2004. Gardner, 38, didn't return AP messages left on his cellphone before his arrest, and has not entered a plea to the charge. A public defender who represented him after his arrest hasn't returned messages. Another former gymnast at Chow's, the academy known for producing Olympic gold medalists Shawn Johnson and Gabby Douglas, first reported sexual abuse allegations against Gardner to the U.S. Center for SafeSport in March 2022, alleging he fondled her during training sessions, according to an FBI affidavit. That girl provided the names of six other of Gardner's potential victims, according to the affidavit. Weldon said she spoke with a SafeSport investigator about her abuse at the time. SafeSport, a watchdog created after the Nassar scandal to investigate misconduct complaints, informed the West Des Moines Police Department about the allegations. It suspended Gardner from coaching or having contact with any gymnasts in July 2022. The police department said its investigation was closed in 2022 when the initial accuser decided she did not want to pursue charges. Weldon said police never reached out to her in 2022 but she's unsure whether she would have wanted to press charges then. She said she came forward in April 2024 at age 16 after she matured and began to realize the severity of her abuse. She praised police for doing 'an amazing job' keeping her informed about the progress of the case. 'It's definitely taken awhile, but I mean, even I didn't realize how many steps there would be to charge him with anything,' she said. Police defend investigative efforts Iowa investigators say they searched Gardner's home in May and seized electronic devices that contained images of nude girls from a hidden camera Gardner placed in the bathroom of a Purvis, Mississippi, gym where he previously worked. West Des Moines Police Sgt. Daniel Wade said Wednesday the department sought the FBI's assistance in mid-July when the case's 'scope started to broaden.' Asked why the department didn't involve the FBI sooner, he said, 'We call the FBI when the time is right.' Gardner is charged in federal court in Mississippi with producing visual depictions of minors engaging in sexually explicit conduct related to the alleged hidden camera. Federal and state investigations remain active, and additional charges are possible. Wade defended the department's investigative efforts over the last three years. He said investigators 'went as far with it as we could' in 2022, without a victim seeking charges and have been conducting a thorough investigation since receiving the new complaint in 2024. Wade declined comment on whether investigators reached out to Weldon and other potential victims identified in 2022, saying only that police opened 'lines of communication with different people' that later paid off. Weldon said she met with investigators Tuesday and they asked her to identify herself in an image Gardner allegedly secretly took of her in a vulnerable stretching position. Protecting the 'male figure in my life' Weldon said her goal since she was a girl was to reach the elite level in the USA Gymnastics Junior Olympic program for those who aim to compete internationally. She said she started training at Chow's after her family moved to Iowa in 2015. She began taking private lessons with Gardner two or three times per week shortly after he joined Chow's in September 2018, when she was 11 years old. Weldon said she was struggling as her parents went through a divorce and her father was largely absent from her life. She said Gardner sought to fill that role by telling her she could tell him 'anything' and that he would always be there for her. In hindsight, she said he was manipulating her in order to gain her trust. Finley's mother, Julie Weldon, said she heard concerns about Gardner from other parents at Chow's early on and asked her daughter whether her coach had ever done anything inappropriate. Finley said she falsely told her mother no because she was protecting the 'male figure in my life.' Inappropriate behavior progressed She said Gardner began touching her inappropriately in 2019 during lessons, beginning with long hugs and pats on the back. She said his behavior progressed, and he began touching her butt during the hugs and requiring her to stretch for extended periods in positions that exposed her vagina and anus out of her leotard. She said around 2020 he began touching her vagina while spotting her during exercises. She recalled once telling him not to put his hands there and he claimed it was an accident because her 'leotard was slippery.' Weldon recalled reaching her breaking point with Gardner after a 2021 training in which he yelled and threw shoes at her, telling her she'd never reach elite status. She said she walked out and told her mom she wanted to quit. She said many of her classmates quit or didn't return because of Gardner's conduct after the gym shut down during the pandemic. But while he made her hate gymnastics at times, she continued training when her family moved to Texas and then to Utah. She said she eventually proved Gardner wrong by earning elite status and a spot on a Division 1 team. After news of Gardner's arrest, Weldon saw his jail booking photo in the AP story. She said she was struck by how much heavier and unkempt he appeared. 'He's definitely like gone through a spiral,' she said. 'I think he probably just had so much guilt built up in him that he kind of turned into that.' Ryan J. Foley, The Associated Press
CTV News
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Man charged with killing father, says he ‘cut his head off'
Bryce Winnecke was arrested after a long standoff, resulting from him allegedly killing his father and decapitating him, according to court documents. (WLKY/Clark County Jail via CNN Newsource) Warning: This article contains disturbing details. JEFFERSONVILLE, Indiana (WLKY) -- Court documents say the man arrested after a long standoff in Jeffersonville, Indiana, killed his father and 'cut off his head.' WLKY obtained the probable cause affidavit for Bryce Winnecke on Monday. On Friday, Bryce Winnecke was arrested at his mother's house, where he also lived, on Callaway Drive after an hourslong standoff. First, they were called to a nearby home on Summerlin Place, where they found a body without a head. According to a probable cause affidavit, that body is that of Winnecke's father, Erich Winnecke, who lived at that location. The documents say Bryce Winnecke's mother called dispatch to check on Erich, her ex-husband, because she believed her son had hurt him. According to her, Bryce had been 'very upset' with his father for several weeks, and there was 'serious contention' between them. She told police she and her other son had gone to the father's house that Friday and found his body in the bedroom. Two days prior to that, documents say Erich had told the mother Bryce had been acting 'delusional' and 'very weird.' The next day, Erich did not respond to her texts. The mother said she called Bryce after discovering Erich's body, and he said, 'I killed him. I went over to dad's because he is the evilest person that ever lived. I cut his head off.' The documents say Erich also had a 'number' of other stab wounds, and there was blood on the walls and ceiling. When police got to the second scene— where Bryce was arrested—they said they saw him carrying a plastic bag with something inside that was 'approximately the size of a human head.' He also had a large knife, described as more than a foot in length. After he was arrested, police said they found the head in a plastic bag in a 'secret room' under the stairs. As for exactly when the suspected murder occurred, police say it was some time between late Aug. 13 and when the body was discovered the morning of Aug. 15. Bryce was seen on video multiple times in that timeframe at his father's house, including on Aug. 15, around 9:47 a.m., leaving with the bag suspected to be carrying the head. His mother told police that less than an hour before that, Bryce ran downstairs, grabbed a knife from the kitchen drawer and flew out of the residence. Here is an overview of the timeline based on the probable cause: Wednesday, Aug. 13 Bryce sends Erich a text saying he 'un-forgives him.' (Time not provided) 10 p.m. - Erich and Bryce's mother talk on the phone about Bryce's behaviour. 11:53 p.m. - Bryce is seen on camera at Erich's door. Thursday, Aug. 14 12:47 a.m. - Bryce is seen leaving his father's house. Mother sends several texts to Erich that go unanswered. (Time not provided) Friday, Aug. 15 9:15 a.m. - Bryce flies out of his home with a knife. 10:16 a.m. - Police arrive at the mother's home and find Bryce outside. Sometime before 2:30 p.m. - Bryce is brought into custody after a SWAT standoff. Bryce Winnecke is facing charges of murder and abuse of a corpse. By Alex Suckow, WLKY
