Triple G wrote:
You are the one who just doesn't get that victims aren't necessary for trumps actions to be tried as financial record fraud.
Effate commented that trump is the worst fraudster ever because banks and insurers were happy with the transaction at the time of the deals. I'll bet they aren't now when they know they've been duped. Even worst fraudsters are the parents who paid many times more to get their kids into their preferred schools. In addition to paying more, they got fines and jail terms. Manipulating financial markets is fraud and illegal and should be prosecuted to the highest penalty possible.
You are just on the wrong track here. A claim of no victims is not going to get traction in an appeal under the 63-12 law. The only chance of appeal comes from whether that law has been properly applied to trumps misstating financial records and/or that the fine was not proportional to the amount of ill-gotten gains.
12. Whenever any person shall engage in repeated fraudulent or illegal acts or otherwise demonstrate persistent fraud or illegality in the carrying on, conducting or transaction of business, the attorney general may apply, in the name of the people of the state of New York, to the supreme court of the state of New York, on notice of five days, for an order enjoining the continuance of such business activity or of any fraudulent or illegal acts, directing restitution and damages and, in an appropriate case, cancelling any certificate filed under and by virtue of the provisions of section four hundred forty of the former penal law 3 or section one hundred thirty of the general business law, and the court may award the relief applied for or so much thereof as it may deem proper. The word “fraud” or “fraudulent” as used herein shall include any device, scheme or artifice to defraud and any deception, misrepresentation, concealment, suppression, false pretense, false promise or unconscionable contractual provisions. The term “persistent fraud” or “illegality” as used herein shall include continuance or carrying on of any fraudulent or illegal act or conduct. The term “repeated” as used herein shall include repetition of any separate and distinct fraudulent or illegal act, or conduct which affects more than one person. Notwithstanding any law to the contrary, all monies recovered or obtained under this subdivision by a state agency or state official or employee acting in their official capacity shall be subject to subdivision eleven of section four of the state finance law.
In connection with any such application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules. Such authorization shall not abate or terminate by reason of any action or proceeding brought by the attorney general under this section.
https://codes.findlaw.com/ny/executive-law/exc-sect-63/
https://www.forbes.com/sites/alisondurkee/2023/10/17/trump-keeps-attacking-this-statute-in-ny-fraud-case-heres-why-his-claims-lack-merit/?sh=5e4e267c7ab8
You are the one who just doesn't get that victims ... (
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By your reasoning, or lack thereof, the banks and insurance companies should also be in court for malfeasance. They all have fiduciary responsibilities to their shareholders, and failing to act in their best interests should be a felony by your citation.