Judge Engoron Sidestepped One Of The Required Elements Of Fraud: Damages.

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Topic: Judge Engoron Sidestepped One Of The Required Elements Of Fraud: Damages.

Randall
Webmaster

Posts: 183583
From: I hold a Juris Doctorate (J.D.) and a Legum Magister (LL.M.)!
Registered: Apr 2009

posted February 19, 2024 05:45 PM

"Litigation attorney, Colleen Kerwick, told Newsweek that Judge Arthur Engoron was trying to 'sidestep' the need to apply all the elements of fraud, as there was no real victim in the case."

NOTE: If the state cannot prove every element of a statute, the case must be dismissed.

The judge also used the wrong standard of law:

"The court went to criminal statutes and case law, ordinarily applied under a 'beyond reasonable doubt' standard, in an effort to sidestep the need for damages as an essential element of fraud," Kerwick said.

http://www.msn.com/en-us/news/politics/donald-trump-can-reverse-judge-engoron-s-ruling-here-s-how/ar-BB1iwfWw?ocid=msedgntp&pc=HCTS&cvid=1ad065b1ced74b258df4ff9fc5450e48&ei=16

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jwhop
Knowflake

Posts: 19558
From: Madeira Beach, FL USA
Registered: Apr 2009

posted February 19, 2024 06:54 PM

It's hard to make a case for fraud when no one was defrauded. The notes were paid on time and paid in full by terms of the notes.

It's absurd that Trump has to put up a bond of almost half a billion dollars before he can appeal.

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