Who is supposed to get the $354.9 million Trump fine?
|
Albert Pike
|
Posted 6:14 pm, 02/17/2024
|
1goddess,
I bet you won't care if (im betting when not if) a higher overturns the verdict or dismisses the case entirely, am I right?
|
|
1goddess
|
Posted 6:01 pm, 02/17/2024
|
I don't care what it's based on...what matters most is that the civil fines are levied and will stay there for all time for all to see, whether it's paid or not and we all know the orange fella doesn't pay his bills, period!
|
|
Albert Pike
|
Posted 5:28 pm, 02/17/2024
|
Antithesis,
"I'm not an attorney, but I keep coming across "civil tort" as something separate."
A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. In the context of torts, "injury" describes the invasion of any legal right, whereas "harm" describes a loss or detriment in fact that an individual suffers. 1.
civil tort
|
|
antithesis
|
Posted 4:04 pm, 02/17/2024
|
I'm not an attorney, but I keep coming across "civil tort" as something separate.
It doesn't matter, though. New York laws do not require the banks to testify that they were harmed (look up 63(12)), they only had to prove that he was intentionally deceptive in an attempt to commit fraud.
This is a somewhat right-biased article, but it still explains the law pretty well...
The end of that article implies that $168 million of his penalty will go to the banks for the extra interest that the banks missed from his fraud.
And, of course, the 31 similar convictions in New York shows that this was nothing like a "witch hunt" like Trump's supporters like to claim. 31 in 15 years is almost one every 6 months!
|
|
Albert Pike
|
Posted 4:02 pm, 02/17/2024
|
Antithesis,
CALL NOW | AVAILABLE 24/7
Why Is the Burden of Proof Higher in Criminal Cases?
4.7
230 Google Reviews
Frequently Asked Questions
Why Is the Burden of Proof Higher in Criminal Cases?
White Law - PLLC
Request A FREE Consultation
Case Type*
burden-of-proof-written-on-a-chalkboard
The burden of proof is an important concept in criminal law. In criminal cases, the prosecution must prove the defendant's guilt beyond a reasonable doubt. This standard is much higher than the preponderance of evidence required in civil cases.
So why is the burden of proof so much higher in criminal cases? White Law PLLC explores the differences between civil and criminal cases, and discusses the reasons why the burden of proof is higher in criminal cases. If you've been criminally charged, don't wait to partner with our Michigan criminal defense lawyers now.
Understanding Burden of Proof in Legal Cases
Michigan law states that, in a legal case, the burden of proof refers to the obligation placed on a party to prove or disprove a disputed fact. This concept plays a crucial role in both civil and criminal cases, and its significance cannot be overstated.
The burden of proof determines which party is responsible for providing evidence to support their claims. In essence, it requires one side to present a preponderance of evidence or evidence that convinces the judge or jury that the assertion is more likely true than false.
Criminal Cases
In criminal cases, the burden of proof lies on the prosecution, while in civil cases, it's placed on the plaintiff. The standard of proof required in criminal cases is much higher than in civil cases because a criminal conviction carries severe consequences, including the loss of freedom or even life in some instances. Therefore, the prosecution must provide enough evidence to prove beyond a reasonable doubt that the accused committed the alleged crime.
Civil Cases
Conversely, in civil cases, the standard of proof is less severe, with the plaintiff required to show a preponderance of evidence, indicating that it's more likely than not that the defendant's actions led to their damages.
White Law - PLLC
Your Fight Is Our Fight
Call Now
Available 24/7
(517) 628-4452
Why is the Burden of Proof Higher in Criminal Cases?
The burden of proof is defined as the obligation of a party to present evidence that will convince the fact-finder of the truth of a proposition at issue in the case. In criminal cases, the burden of proof is higher as the stakes are higher - a person's freedom, reputation, and sometimes even their life are at risk.
In a criminal case, the prosecution must prove their case beyond a reasonable doubt, which is a higher standard than in civil cases. This standard of proof means that there must be no other logical explanation for the evidence other than the defendant's guilt. The consequences of a criminal conviction are also more severe than those in civil cases.
In addition, the presumption of innocence plays a crucial role in criminal cases, as it puts the burden on the prosecution to prove guilt rather than the defendant having to prove their innocence. The higher burden of proof in criminal cases is designed to protect individuals from wrongful convictions and ensure justice is served.
https://www.whitelawpllc.co...il%20cases.
|
|
Albert Pike
|
Posted 3:59 pm, 02/17/2024
|
Antithesis,
Probably because the DA knew she could get a conviction if she charged Trump criminally instead of civilly.
|
|
Albert Pike
|
Posted 3:57 pm, 02/17/2024
|
Antithesis,
"This begs the question, why was Trump only given a civil trial instead of criminal?"
Because there is a higher burden of proof in criminal matters as opposed to civil cases.
|
|
Albert Pike
|
Posted 3:55 pm, 02/17/2024
|
Antithesis,
civil case
Primary tabs
A civil case is a private, non-criminal lawsuit, usually involving private property rights, including respecting rights stated under the Constitution or under federal or state law. For example, lawsuits involving breach of contract, probate, divorce, negligence, and copyright violations are just a few of the many hundreds of varieties of civil lawsuits.
A civil case starts when a person or entity (the plaintiff) claims that another person or entity (the defendant) has failed to perform a legal responsibility owed to the plaintiff. Both the plaintiff and the defendant are also called as "parties" or "litigants." The plaintiff may ask the court to tell the defendant to fulfill the obligation, or make compensation for the harm, or both.
https://www.law.cornell.edu...tate%20law.
|
|
antithesis
|
Posted 3:51 pm, 02/17/2024
|
I came across this that I thought was interesting...
1. "falsifying business records in the first degree" is a felony.
2. New York has convicted 31 people of the same crime in the last 15 years
This begs the question, why was Trump only given a civil trial instead of criminal?
|
|
Albert Pike
|
Posted 3:50 pm, 02/17/2024
|
Antithesis,
I thought you'd say something like that, in NC there are only two types of cases that go to court, Criminal and Civil,
Civil Cases
A case is considered a civil action when a person petitions the court to protect a private, civil right or to obtain a civil remedy. In civil cases, one party files a lawsuit against another, asking for money or for a court order against the other party. Common civil cases include family issues, contract disputes, and personal injury claims.
https://www.nccourts.gov/le...er%20party.
|
|
Albert Pike
|
Posted 3:45 pm, 02/17/2024
|
1goddess,
"NY was trying to recoup their tax monies"
That's Bull Snot, government bodies do not tax property based off what the property says their property is worth, besides the basis for the DA's case is that Trump overvalued the worth of his property in order to secure bank loans.
|
|
antithesis
|
Posted 3:44 pm, 02/17/2024
|
A civil offense is brought by the government... a lawsuit is brought by an individual or corporation. They're not the same.
I used a speeding ticket as an example so that you and your ilk could understand Trump's latest loss.
If you want a more detailed explanation...
|
|
Albert Pike
|
Posted 3:34 pm, 02/17/2024
|
Antithesis,
"This was a civil offense, not a lawsuit."
It's cute that you think there's a difference in the two.
Speeding is a asinine example as speed is set by statute and is considered an infraction or misdemeanor committed against society as a whole.
|
|
antithesis
|
Posted 3:21 pm, 02/17/2024
|
They arrested Donald Trump 4 times, gave him 91 charges and fined more than $350 million before a single Jeffrey Epstein client was arrested.
You do realize that the government can investigate more than one criminal at once?
The "Epstein client list" has been widely misconstrued on social media, though... which is one of the many reasons why you shouldn't rely on it for your news. The list "is actually dozens of documents from a 2015 court case filed by Epstein accuser Virginia Giuffre against his co-conspirator Ghislaine Maxwell, who has been convicted of child sex trafficking. These documents reference roughly 150 of Epstein's associates, including Clinton and Trump, but don't provide significant new information so much as they offer a more in-depth look at the people in Epstein's circles and a detailed view of the scope of his abuse."
They have to prove that Epstein's associates did anything illegal... just knowing him, or being known by him, isn't a criminal offense.
|
|
singer
|
Posted 3:06 pm, 02/17/2024
|
|
|
|
Anonymoose
|
Posted 2:49 pm, 02/17/2024
|
Trump goal should be low cost housing in New York especially close to the judges and DAs home.
|
|
antithesis
|
Posted 2:20 pm, 02/17/2024
|
This was a civil offense, not a lawsuit. Think of it like... you get caught speeding and get a $150 fine, you couldn't argue that you should be let off since nobody complained...
And like all other civil offense fines, yes, the penalty would go to the State General Fund, to be spent by the General Assembly however they think appropriate.
But we all know Trump isn't paying a nickel of it, and there's nothing they can do. He doesn't own anything, he has multiple corporations set up as tax shields! And since the corporations weren't the ones ordered to pay, it's all irrelevant.
|
|
tribune
|
Posted 1:55 pm, 02/17/2024
|
Use the money to build low cost housing next to Mar a Largo.
|
|
|
