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CAUSES OF ACTION V. UNASSIGNED RECEIVED NYSCEF: 09/21/2022 FIRST CAUSE OF ACTION Executive Law § 63(12) – Persistent and Repeated Fraud (Against All Defendants) Plaintiff repeats and re-alleges the paragraphs above as if fully stated herein. I have attached our investment memo as well as some basic information on our golf and hotel portfolios. " This strategy of using unrealistically high prices to estimate the profit from a 420. Arguing a court case 7 little words. According to the Trump Organization: 619. Under the terms of the Loan Documents, Donald Trump will guarantee all outstanding Free Rent at closing of the Loan. " These appraisals instead performed valuations based on the clubs' financial performance (the income approach) and sales of comparable properties (the comparable sales approach). 2d 280, 281 (1st Dep't 1999).

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The implication is that Mr. Trump is valuing escrowed funds that are his own but that are merely held in escrow or otherwise subject to restriction. In 2011 and 2012, Mr. Gives out 7 little words. Trump and the Trump Organization derived a value of ii. Since opening in 2017, the golf course has operated at a loss each year. By its plain terms, Executive Law § 63(12) covers frauds committed by overtly false or fraudulent statements, by omission, or as part of a scheme to defraud. Instead of using the final report which would have raised the cost of developing the lot and hence decreased the value of the donation, the appraisers used a draft report with lower costs and incorporated an unsupported development timeline. Similarly, the Trump Organization inflated the price-per-acre derived from 390.

Organization for this leasehold interest far exceeded the values determined by professionals in lender-ordered appraisals for the same property, including an unreasonably inflated lender appraisal prepared in 2015 that the Trump Organization sought to unduly influence: 113. On June 18, 2015, Robert Nardella, the senior appraiser on the project and a Cushman Executive Managing 41. In other words, just choosing a 3. 81 of 222 an easement tax donation that ultimately, and fraudulently, reduced Mr. Trump's tax liability by more than $3. Within the towns of Bedford, New Castle, and North Castle in Westchester County. Three days later, the Trump Organization sent the 2016 Statement to Deutsche Bank as required by the terms of its loans, and Donald Trump, Jr. certified that the Statement "presents fairly in all material respects the financial condition of the Guarantor at the period presented. " You can make another search to find the answers to the other puzzles, or just go to the homepage of 7 Little Words daily Bonus puzzles and then select the date and the puzzle in which you are blocked on. The Mar-a-Lago Conservation Deed also barred many actions without the 371. Falsely reducing acreage of properties compared to Mar-a-Lago. Giving grounds for a lawsuit 7 little words to eat. To have increased in value by $219. Trump has been misrepresenting the size of the apartment for years and did so before 2012. The 2019 Trump Tower valuation expressly states that it is based on, "applying a capitalization rate to the stabilized net operating income. " Trump's Statements of Financial Condition misrepresented his holdings of 68.

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But even after almost two years of litigation it appears that it may still be the case that not all responsive documents were produced. In presenting the Statements, Defendants hid the precise valuation of individual properties by grouping them together into categories like "Club facilities and related real estate. " While the 2018 valuation does account for the ground lease, it fails to account for 145. Should be aware that documents bearing this legend may not have been 158 of 222 Statements from the pendency of the action by OAG to enforce its investigative subpoenas against the Trump Organization and related parties, it asked the Trump Organization a series of questions about those Statements. 63 of 222 this advice, and "to be conservative, " the Trump Organization "reduced the cap rate used on Trump Tower by 25 basis points to arrive at the cap rate used for NIKETOWN. " The 2021 Niketown valuation further indicates the 2020 valuation had been 199. 5 billion net worth (higher than any of net worth covenants proposed by CRE, which topped out at $500 million). In September 2016, four months before the January 10 meeting, OAG had sent a 703. Include continuance or carrying on of any fraudulent or illegal act or conduct. The impact of including the TBD deals was substantial. This premise, repeated in the valuations year after year from 2011 through 2021, is false and misleading in light of the legal restrictions of which the Trump Organization and Mr. Trump himself were aware—binding the property owner to continued club usage, and to undertake expensive preservation efforts, absent approval of the National Trust for Historic Preservation overriding such obligations.

That wildly overstated size was then multiplied by an unreasonable price per square foot. Under New York State Penal Law §176. Should be aware that documents bearing this legend may not have been 174 of 222 that offer to the PWM group to see what terms that group could provide on an OPO loan. 28 of 222 f. 40 Wall Street ("40 Wall Street"). Disseminating the appraisal: just as in 2015, the valuation of Trump Vegas in the 2016 Statement—which was made as of June 30, 2016, just one day prior to the date of the 2016 appraisal—adopted much more aggressive assumptions to reach a much higher valuation of Mr. Trump's 50% stake in the remaining condo units of $107, 508, 863. the same price per square foot as the appraiser had, $441. The 2021 pricing schedule appears to be in the same form as the 136 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR $202. Nearly six times the budget projection—to derive a grossly inflated value for the property of $524. The driving range lots would later be the subject of the Trump Organization's conservation easement in 2014. were listed as priced out at a total of $35, 750, 000 at an average of roughly $3 million per lot. 61-acre oceanfront component of that $104. To defraud presented, caused to present, or prepared, written statements in support of applications for insurance knowing they contained materially false information concerning facts material to those applications, and/or concealed, for the purpose of misleading insurers, information concerning facts material to those written statements. 25 of 222 Thus, if conduct violates a provision of New York's Penal Law... it may be the subject of an action for equitable relief on the basis of "illegality" under Executive Law § 63(12). Defendants' conduct in this regard was "persistent" because it continued and was carried on over the course of several years. This is a total of 1, 486 homes, not 2, 500 homes.

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Reports circulated by Doug Larson of Cushman reflecting rates between 3. This price reflected a massive premium over the $464 price per square foot used a year earlier by Cushman in the 2015 appraisal for Ladder Capital and the $225 price per square foot used by Morningstar. Disgorgement can also include salary and bonuses that are a result of fraudulent activity. If you ever had a problem with solutions or anything else, feel free to make us happy with your comments. Valuation that derived a capitalization rate of 3. The Conservation Deed allocated approximately 23. By August 2014, Trump tax counsel Sheri Dillon had engaged Cushman appraisers Brian Curry and Richard Zbranek to value the TNGC LA property in 2014 for purposes of donating a conservation easement over 16 lots that comprised the driving range. Another way the Trump Organization inflated Mar-a-Lago's value was by using 109.

The Appraisal of Real Estate 335 (11th Ed. As the appraiser wrote: This was a unique appraisal appointment, before the site visit I was told there would only be 15 minutes to see the apartment, Mr. Trump was home at the time of the appraisal and wanted to do the walk through himself, I was unable to see the master bedroom and Mrs. Trump's dressing room per request of Mr. Trump (Mrs. Trump was sleeping). Club Facilities and Related Real Estate Mar-a-Lago...... Trump Aberdeen........... i. The value assessment included in the Statements was represented to include "only 549. In 2017, the Trump Organization continued to use that 2. People v. 3d 104, 107 (3d Dep't 2005), aff'd on other grounds, 11 N. 3d 67, 73 (1st Dep't 2021). " He argued that the appropriate price per square foot for sales in 2016 was $450 (11% less than the Trump Organization's 2015 analysis) and that it would take nine more years to sell the remaining units. In an email to Ivanka Trump and Dave Orowitz, Deutsche Bank attached the term sheet and noted that, although the term sheet reflected a $160mm commitment, "[w]e understand the request is for $170 million and are working on getting the step-up approved. " Trump's Triplex Apartment 75. As further evidence of their scheme to inflate the value of Mr. Trump's assets when beneficial to his financial interests, Mr. Trump and the Trump Organization procured inflated appraisals through fraud and misrepresentations in 2014 and 2015 for the purpose of granting conservation easements over two of Mr. Trump's properties. 40 Wall Street.... 5. From "outside professionals, " specifically appraisers from Cushman asked to conduct a preliminary valuation to aid consideration of a potential easement donation over the driving range property. Such properties—under the terms governing Trump Aberdeen—would be rental properties that could be rented for no more than six weeks at a time, a restriction that would significantly lower their value.

None of the valuations even attempts to ascertain what the value of Mr. Trump's restricted interest would be on the open market, assuming he even were permitted to sell it. Give 7 Little Words a try today! You can download and play this popular word game, 7 Little Words here: Campaign-related communications with Russian persons or entities relating to Hillary Clinton and/or the 2016 presidential election, and/or efforts by the Trump Organization or its affiliates to develop or partner with a developer to build a Trump-branded property in Moscow; 188. In essence, rather than obtain credit facilities through the wing of Deutsche Bank 565. 1 million per lot after accounting for development time). In November 2011, the Trump Organization executed a $150 million purchase 572. Thus, the 2015 Statement of Financial Condition overstated the value of 40 Wall 136. As set forth more fully supra at ¶¶ 68 – 71, the pertinent partnership agreements 298. Ultimately, Deutsche Bank declined the request to extend further credit to Mr. 667. For purposes of soliciting and binding one of its insurance programs, the Trump Organization used Mr. Trump's Statements of Financial Condition to satisfy requirements for financial disclosure for Mr. Trump's personal guaranty in lieu of collateral, and specifically misrepresented to underwriters that the valuations of the properties listed in two of the Statements were prepared by outside appraisers. To the extent Mr. Trump and the Trump Organization received any advice from outside professionals that had any bearing on how to approach valuing the assets, they routinely ignored or contradicted such advice. 72 of 222 additions to NOI were done to reflect the typical or average occupancy (or vacancy) and financial performance Trump Tower would experience over any period of time—as distinct from generating a one-off figure that inflated NOI to be used solely for a valuation on Mr. Trump's Statement of Financial Condition. The acreage, though, was understated for both the 2016 and 2017 Mar-a-Lago valuations.

Year Total Offering Plan Price used for Statement of Financial Condition 2012 $293, 122, 750 $236, 425, 000 $56, 697, 750 2013 $326, 854, 500 $285, 795, 000 $41, 059, 000 2014 $283, 051, 500 $246, 265, 000 $36, 786, 500 96. Trump nevertheless decided to hold a press conference at TNGC LA to 496.

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