When a state appellate court in New York last month dismissed Ivanka Trump from a massive fraud lawsuit, the decision gave the rest of her family something of a gift: a way to weaken the case that seeks to destroy the Trump Organization.
When a state appellate court in New York last month dismissed Ivanka Trump from a massive fraud lawsuit, effectively taking her out of the New York attorney general’s sights, the decision gave the rest of her family something of a gift: a way to weaken the case that seeks to destroy the Trump Organization.
The extent of the damage to James’ case is unclear, as lawyers on both sides are now set to battle over technical definitions. But one thing is certain: Trump’s delay tactics are working. In their opinion, the judges wrote that James’ claims are too old if the deals in question—such as bank loans—”were completed” before a certain date. At the behest of the AG’s investigators, who needed more time to dig into this, the Trump Organization agreed to temporarily hit pause on the statute of limitations by signing what’s called a “tolling agreement”—so that cutoff might be as far back as July 2014.
But the appellate judges in New York’s first department have decided that any lying in those deals happened too long ago. In doing so, they cited two recent cases in the same appellate circuit that both came to a similar conclusion. In one of those, for example, a New Yorker who was duped when Bank of America repeatedly billed him for fake credit protection services could only point to the original date the bank enrolled him—not the monthly charge that persisted for years later.
“It’s puzzling. There’s continuing harm and wrong. You could say that the fraud hasn’t ended, even though the misrepresentation or omission took place long ago,” he said.With only three months left before the scheduled trial, lawyers on both sides are expected to start fighting over specific details, like when exactly a real estate deal was considered closed and who’s considered bound by the tolling agreement.
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