Adam Klasfeld Profile picture
Oct 18 15 tweets 3 min read Twitter logo Read on Twitter
The next witness is up now in People v. Trump:

Jack Weisselberg, who is Allen Weisselberg's son and a director at Ladder Capital, takes the stand in the civil fraud case.
The AG's counsel Colleen Faherty leads the direct examination.
Lunch recess.

Will be back at 2:15 PM ET.
We're back.

The NYAG has the witness run down lingo regarding fixed-rate loans, asking the witness to describe "pooling" loans, senior tranche, junior tranches, and other such terms.

The testimony so far has been setting the stage for the facts at issue.
Here's a fun bit of lingo being reviewed right now: "bad boy guaranty."

Per WestLaw )content.next.westlaw.com/practical-law/…
NYAG pivots to the evidence:

Email from Allen to Jack Weisselberg on Oct. 19, 2011

"As discussed we are looking for a forward commitment in the amount of $65 mil., and a term of ten years to take effect in August 2012. Thanks talk to you soon."
Subject line for the email:

"TTCOML Oct 2011 RENT ROLL FIVE YEAR PROJECTION"

Jack Weisselberg says TTCOML is short for "Trump Tower commercial loan," one that was ultimately effectuated.
Just so the significance isn't lost on anyone:

This email appears to show the father (on the borrowing side) engaging directly with his son (on the lending side) on a 10-year, $65M loan.
Here's the body of another email from Allen to Jack Weisselberg from Oct. 20, 2011. "Please note that the numbers reflected in the projection includes a license fee payment from the producers of the Apprentice ( Reilly Worldwide) is shown as $500,000, however the real value of the two floors is approx.$100psf or $2,798,100 or an add'l $2,298,100 to the bottom line. Additionally, The Trump Organization occupies approx. 37,225 sq. ft. at approx.$75 psf equates to an add'l $2,791,875 to the bottom line as well."
Chris Kise raises a series of statute of limitations objections, overruled by the judge in that the state is allowed to show a pattern or practice.

Trump, visibly displeased even sitting behind him, crosses his arms tightly and shakes his head.
After a mid-afternoon recess, court is back in session — for now, with no sign of Trump.
Email from Jeff McConney to Jack Weisselberg on 4/10/2015.

Allen Weisselberg is copied.

SUBJECT: "FW 40 Wall Street Ground Lease"

"Jack,

Attached is the 4th loan modification along with a summary which talk about how to compute the FMV rent a few years for now"
NYAG's counsel asks the witness to identify the signature of "Donald J. Trump," then alludes to the defendant at the table.

But he isn't there.

"He was there," Jack Weisselberg says, helpfully.
Testimony turns to 40 Wall Street
Trial ends for the day in the middle of Jack Weisselberg's direct examination.

Background: The father-and-son relationship was briefly noted in a footnote of the ruling holding Trump liable for fraud. #AlwaysReadTheFootnotes

Story on the testimony TK, @TheMessenger "An email exchange dated August 4, 2014, between Allen Weisselberg and his son, Jack Weisselberg, a Ladder Capital employee, discusses the 2015 $ 540 million Cushman & Wakefield appraisal. [...] Notwithstanding direct knowledge of it, the 2015 SFC valued 40 Wall Street at nearly $200 million more."

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More from @KlasfeldReports

Oct 20
Good morning from New York.

Overnight in Trump's civil fraud case, a flurry of new filings hit the docket. Among them, Ivanka Trump—who's on the state's witness list—wants to quash her subpoena. An appeals court dismissed her from the case.

Follow us live, @TheMessenger. "Trial subpoenas are not a means for parties to get discovery, which they failed to obtain during pretrial proceedings. The NYAG, which never deposed Ms. Trump, is effectively trying to force her back into this case from which she was dismissed by a unanimous decision of the Appellate Division, First Department. Ms. Trump is not a party in this action. Nor is Ms. Trump a New York resident. It is black-letter law that, given those two facts, Ms. Trump is beyond the jurisdiction of this Court."
The first headline to emerge today was fast — and certainly, furious.

"Judge Chastises Trump For ‘Blatant Violation of the Gag Order’ on His Clerk, Raises Possible Penalties Including Fines or Jail" 🔗

themessenger.com/politics/trump…
For more information on the Ivanka development, read this DEVELOPING story here.

"Ivanka Trump Tries to Quash Subpoena to Avoid Testifying in New York Civil Fraud Trial" 🔗 themessenger.com/politics/ivank…
Read 6 tweets
Oct 19
Good morning from New York.

Trump isn't expected to be here today as Allen Weisselberg's son returns to the stand, showing how Trump Org's relationship with Ladder Capital seemed to be a family affair.

ICYMI, NYAG turned up the heat on his dad. 🔗 themessenger.com/politics/forbe…
The parties began proceedings today with a "front-bar," the judge's neologism of a sidebar given the logistics of this courtroom, which makes going to the side unwieldy.

Obviously, we can't hear the details, but it sounds pretty contentious, if muffled.
Meanwhile, catch up on Jack Weisselberg's testimony so far in this Wednesday recap.

"Ex-Trump Org CFO Allen Weisselberg Dealt Directly With His Son on Trump Tower and 40 Wall Street Loans"

🔗 themessenger.com/politics/trump…
Read 24 tweets
Oct 18
Good morning from New York.

Trump is expected to return to his civil fraud trial today, where a real estate exec who delivered damaging testimony to him Tuesday will return to the stand.

On deck: Jack Weisselberg (Allen's son)

ICYMI, @TheMessenger 🔗 themessenger.com/politics/trump…
Currently in court:

New York State AG Letitia James, her legal team and her staff

Trump and his attorneys haven't yet arrived inside the courtroom.
Trump's attorneys have been entering the courtroom: first, Alina Habba, then Christopher Kise.
Read 48 tweets
Oct 17
We're back for the afternoon session in People v. Trump

Before the break, witness Doug Larson, ex-executive director of Cushman & Wakefield, was shown this notation on the data supporting Trump's 2016 statement of financial condition.

Larson testified this never happened. Image
Larson is now being cross-examined by Trump's counsel, who shows him a transcript of his interview by the NYAG's office.

"It’s not my valuation, yes. It could be his valuation or Trump’s valuation but it’s not my valuation," Larson said at the time.
On cross-ex, Trump's attorney Lazaro P. Fields has shown the witness documents meant to support his client's rosy appraisal of 40 Wall St. that year at $735M+, insisting valuations are an "art" rather than a "science."

Larson pushed back at that analogy.
Read 11 tweets
Oct 17
Good morning from New York.

Trump is going to be back in court for his civil fraud trial today, and with him, heightened security and press interest.

We’re continuing to cover the proceedings live, @TheMessenger.

ICYMI, reporter’s notebook last weekend themessenger.com/politics/donal…
A few notes on Trump's message before court this morning:

* Trump still can, and does, attack the judge under the gag order shielding court staff

* Executive Law 63(12) has, in fact, "been used before"—at least half a dozen times in the last few years

* Scholars aren't named Image
Some of the recent, non-Trump related Executive Law 63(12) cases.


Image
Image
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Read 16 tweets
Oct 16
The assistant AG's questioning of Trump Org's exec Patrick Birney ends with this exchange.

Q: Did Allen Weisselberg ever tell you that Donald Trump wanted his net worth on his statement of financial condition to go up?
A: Yes.
The bombshell exchange instantly sparked an objection by Trump's lawyer Chris Kise about the admissibility of the testimony.
"That's the heart of hearsay," Kise says.
Read 4 tweets

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