The MeidasTouch Podcast - Trump ATTACK on Monitor BACKFIRES MASSIVELY with VERDICT
Episode Date: February 18, 2024MeidasTouch host Ben Meiselas reports on how Donald Trump’s attack on the respected retired federal judge Barbara Jones who served as the independent monitor in the case backfired massively and led ...to Jones getting even more authority over the Trump and the Trump organization in the final verdict issued by Justice Arthur Engoron. Cancel unwanted subscriptions – and manage your expenses the easy way – by going to https://RocketMoney.com/meidastouch Visit https://meidastouch.com for more! Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Learn more about your ad choices. Visit megaphone.fm/adchoices
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Here's a legal pointer. You never attack the independent financial monitor
appointed by the court to supervise your company,
especially when that independent financial monitor
is one of the most well-respected retired federal judges
in all of the United States of America-like
retired federal judge, Barbara Jones,
the independent monitor appointed back in
November of 2022 to supervise and monitor the Trump organization by Justice Arthur N'Goran.
Remember back on January 26th of 2024 when retired federal judge Barbara Jones sent this letter to
Justice N'Goran informing N'Goran of the incomplete, inconsistent, and erroneous
financial statements that she had reviewed regarding the Trump Organization over the
14 months she had served as the independent monitor. Remember how Trump's lawyers responded?
Remember how Cliff Robert of Robert and Robert responded? They said that there is now serious doubt on the
monitor's competency. What we said here at the Midas Touch Network is that was one of the major
reasons why Justice Arthur and Goran did not issue the verdict right away before February 1st of
2024, like we all expected, but took some additional time and eventually ruled on Friday,
February 16th, finding a disgorgement amount of $364 million when you add up the $355 million
or so against Donald Trump and the other amounts against his adult children, Don Jr. and Eric and
some of the other co-defendants that were in the case.
And when you read this 90-plus page order by Justice Arthur N'Goran, in addition to that
monetary amount, which of course is the headline-grabbing number, what I've been saying
here on Legal AF and on the Midas Touch Network is, look what N'Goran's going to be doing when it comes to the independent monitor, extending the independent monitorship, giving more robust powers and
authority to the independent financial monitor who Donald Trump and his lawyers were now out
there attacking and basically give retired federal judge Barbara Jones the ability to not just report
and monitor, but to go to the court and request remedial measures. And when you look at this order,
you see that that is where Justice N'Goran spends a lot of time in this order. Just taking a look right here at one of the critical footnotes here, it basically shows
how Justice Ngoran viewed this attack on retired federal judge Barbara Jones. Here is what it says.
It says over here that the court did not appoint Judge Jones randomly or arbitrarily or by
happenstance. Rather, she was the only one of the three
candidates that both sides proposed for the position of independent monitor. However,
after she issued her scathing January 26, 2024 report, quite critical of defendants' financial
practices, defendants changed their tune. Overnight, a universally respected former judge with a stellar
resume nominated by defendants themselves joined the ranks of all of those people and institutions
being unfair to defendants and out to get them. And there's a whole section here starting on page
85 and pretty much going to the end
of the ruling dealing with injunctive relief, providing more powers, more authority, and
extended term to retired federal judge Barbara Jones.
So that really does seem to be why it took some additional time to prepare and complete
this order. So here is what Justice Arthur Ngoron
says about the necessity of ongoing oversight. Ngoron writes, in a decision and order dated
November 14, 2022, this court granted a motion by plaintiff for a preliminary injunction and,
among other things, appointed the Honorable Barbara Jones as an independent monitor tasked
with overseeing the Trump Organization's financial disclosures at any third parties and any transfer
or other dissipation of assets. The court also directed Judge Jones to provide regular updates
to the court, summarizing her findings and observations to date, she has provided six reports, the last of which was dated January 26, 2024, after the conclusion of the trial.
In her final report, Judge Jones made the following findings and observations. statement of financial conditions, instead crafting their own list of trust material assets and
material liabilities, which does not include estimated current values of the properties
contained therein and does not include a balance sheet of the guarantor or any representations
regarding his financial condition, notwithstanding the loan covenants that still require it.
During the course of her monitorship,
defendant transferred significant funds outside of the trust without notifying the monitor,
as they were obligated to do. During the course of the monitorship, defendants have submitted disclosures to third parties that fail to include significant liabilities. The defendants are no
longer representing that any disclosures are GAP compliant, despite
certain continuing obligations to do so.
Annual budgets of projected performance were submitted to third parties that were materially
different from the actual budgets of the prior year, of which an excluded or significantly
reduced actual management fees and liabilities.
The internal accounting structure of the Trump
organization continues to be plagued by math and or reporting errors, and there are no adequate
internal controls over financial reporting in place at the Trump organization to ensure that
they will not continue to be the misstatements and errors going forward. Further, the court notes
that top leadership roles at the Trump Organization, particularly the CFO and Comptroller, remain
vacant. Approximately five months after Weisselberg pleaded guilty to having committed 15 counts of
tax fraud at the Trump Organization, Eric Trump negotiated, approved, and executed a separation
agreement. The role of CFO has remained vacant ever since, the fact that Donald Trump Jr. did not know at trial, mistakenly believing that Mark Hawthorne
was the new CFO. Similarly, the role of controller has remained vacant since McConaughey left the
Trump Organization in February 2023. Thus, the Trump Organization does not have the ability
to operate with a functional financial reporting structure
that would protect against fraud in the future. The fact that there are virtually no internal
controls in place at the Trump organization creates an atmosphere conducive to fraud.
Moreover, the fact that the Trump organization has refused to prepare a statement of financial
conditions, even though various loan covenants obligate them to do so ever since the monitor was appointed,
leads the court to conclude that the Trump Organization cannot or will not prepare an
accurate statement of financial condition that is GAAP compliant and that values assets at their
estimated current values. That the Trump Organization has taken to manufacturing its own version of its
assets, one that fails to include any valuations, is a telling admission that it simply cannot or
will not prepare a statement of financial condition without committing fraud. It then
goes into the refusal by the Trump Organization to admit to any of the errors. It goes on to the history
of corporate malfeasance within the Trump Organization. And then the order talks about
the need for a continuation of Judge Jones as the independent monitor. The court hereby concludes
in orders that Judge Jones shall continue in her role as independent monitor for a period of no less
than three years. However, Judge Jones' role and duty shall be enhanced from those operative during
the preliminary injunction, as her observations over the past 14 months indicate that still more
oversight is required. In particular, the Trump Organization shall be required to obtain prior approval, not
as things are now subsequent reviewed from Judge Jones before submitting any financial
disclosures to a third party, so that such disclosures may be reviewed beforehand for
material misrepresentations.
Within 30 days of the decision and order, Judge Jones shall submit a proposed order
to the court outlining the specific
authority. She believes she needs to keep defendants honest and the obligations of defendants
to effectuate a protective and enhanced monitorship going forward. So Donald Trump, you've
attacked Barbara Jones. You've tried to tarnish her reputation for doing her job. Now she gets
more powers over you. You need to seek prior approval over her and she can outline what she
wants her authority to be right now. Talk about Trump attack on this independent monitor backfire.
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Also, what the judge says is he wants an appointment of an independent director
of compliance. In addition to the continued monitorship, the court hereby orders that an
independent director of compliance be installed at the Trump organization who shall be responsible
for ensuring good financial and accounting practices, shall establish internal written
protocols for the financial reporting,
and shall also approve any financial disclosures to third parties in advance of submission.
The independent director of compliance shall report directly to Judge Jones,
and the Trump Organization shall pay such person reasonable compensation. Within 30 days of this decision and order, Judge Jones
shall submit to the court a proposed order, including without limitation, a list of proposed
persons who may fulfill this role and the specifics of the role itself. So there you have
a big increase of powers for independent financial monitor Barbara
Jones right here.
And one other point I want to make right here, in addition to adding this internal compliance,
independent director of compliance and giving Judge Barbara Jones more authority.
Think about all of the conduct that was outlined there. These are undisputed facts that took place during the pendency of the litigation that Donald Trump Jr.
did not even know that the organization did not have a chief financial officer in place.
That's not normal. That's not how businesses conduct themselves. The fact that their covenants require them in their various loans to do statement of financial conditions, to provide GAAP compliant financials, and they refuse to do that, that's not normal behavior by kind of creating your own material assets and kind of liabilities and not reporting it in what's
required to be reported. So, you know, you go through that section in the video I just made.
And one of the things I think, you know, you should do is if you have people who are like,
yeah, but what's going on here? Is this political? Just read the undisputed facts. It's why it's
important we go through what's actually happening here. It's not political at all. It's
just the Trump organization continues to engage in fraud and lies and deceit and incompetence at
the most basic level. You don't know that you don't have a CFO? What? Anyway, they attacked
Judge Barbara Jones, and now we'll see what she requests in the next 30 days as well.
That will be an interesting one to look at.
I'm Ben Micellis. This is the Midas Touch Network.
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