The President-Elect Pays 25 MILLION DOLLARS to Settle Fraud Class-Action Case!


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A “class action” suit is a vehicle for a large group of Plaintiffs to bring suit together to litigate a common interest.  The creation of the “class action” was an attempt to provide a way for people to unite who had a common interest, and had all been the victims of some type of wrong doing, but who might not have had the financial ability to pursue their claims individually.  One of the most widely publicized examples of class action suits is the asbestosis litigation.   In the United States alone, asbestos litigation is the longest, most expensive mass tort in U.S. history, involving more than 8,400 defendants and 730,000 claimants as of 2002.  The Plaintiffs in these cases are people who have suffered health problems as a result of exposure to asbestosis.  The defendants are companies who manufactured or installed asbestosis.  The knowledge of the Defendants of the harmful effects of exposure to asbestos is  probably the single biggest point of controversy in that type of class action.

Contrast that class-action to all who were defrauded by Donald Trump through Trump University.  That class-action is more like the Bernie Maddoff action, which was filed by investors who were all defrauded by Madoff of Billions of Dollars.

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Trump only defrauded students of millions, not billions, but perhaps Trump should have been charged with criminal wrongdoing instead of simply being sued in civil court.  A trial attorney’s job includes evaluating the potential risk of loss of a case at trial.  Often cases are not settled until the eve of trial, especially if the Defendant has more financial ability to litigate.  The reality is that litigation often results in settlement because the Defendant can afford the enormous expense of litigation and the Plaintiff simply can’t.  Settlement is also achieved as a result of the Plaintiff’s inability to tolerate a loss of the case.  That means that a Plaintiff may be willing to compromise the amount he/she is willing to take in settlement, to ensure that at least part of their loss is paid back.  A Defendant is motivated to settle a case when the potential exposure is great, and when the Defendant has a poor relationship with the Judge.   In Trump’s case his exposure for fraud was great, and his poor relationship with the Judge became the subject of national news coverage.

Trump said that the case should have been resolved by Summary Judgment long ago.  That means that in Trump’s mind there was no legitimate controversy to be litigated.  As a matter of law, Trump asserted that there was no issue of fact to be given to a jury.  He felt the Judge,Judge Gonzalo Curiel,  should have taken the case out of the hands of the jury and ruled, from the bench that he won.  Obviously that didn’t happen.  The case was set for trial Monday , November 28th, right after Thanksgiving.  On the eve of trial Donald Trump has settled the class action cases for $25 million according to a statement released by New York Attorney General Eric Schneiderman on Friday. The victims—some 6,000 people in New York, California, and Florida—will each receive restitution while up to $1 million will be paid to New York state as a penalty for violating education laws, according to Schneiderman’s statement.  Twenty five Million Dollars is NOT a nusiance value settlement.  Twenty-Five million dollars is a significant settlement.  Payment of one million dollars as a penalty for violating the law is a significant payment, and an indication that Donald Trump had significant concern about a finding that he had violated New York laws.

The allegations of fruad by Trump University included complaint that “the promised Donald Trump investment techniques were mostly stuff that you could find on the internet. They say that the promised mentoring was worthless, that the instructors were unqualified and were not hand-picked by Donald Trump, as he claimed,”   However the most troubling claim came from the New York State Department of Education (SED).  The NY Department  notified Donald Trump individually,  that Trump University was violating the New York Education Law by using the word “University” when it was not actually chartered as one. Likewise, Trump University was also violating the Education law because it lacked a license to offer student instruction or training in New York State. However the organization would not be subject to the license requirement if it had no physical presence in New York State, moved the business organization outside of New York, and ceased running live programs in the State. In June 2005, “Trump University” notified the Attorney General of New York that ” Trump University” would merge its operation into a new Delaware LLC, and would indeed cease holding live programming in New York State.  Yet that was not true either!

Trump University failed to abide by their representations. In spite of the assurances of Trump University to the  Attorney General of New York, the Attorney General learned in 2009, through newspaper advertisements and a student complaint to the New York State Attorney General, that Trump University was continuing to provide live programming and instruction in New York without obtaining proper licensing or moving its operations out of New York. In May 2010, five years after being told Trump must stop using the word “University,” Trump University filed a certificate of amendment to its Articles of Organization, thus formally changing its name to TEI.  Even then Trump was required to obtain a license to operate which he failed to do.

 

Thus, it appears that Donald Trump has once again used his wealth to excuse his violation of the law, and fraud committed against thousands of common people.  This settlement seems to come at a time that President-Elect Trump should have had more incentive than ever to try his case, if in fact he had not committed fraud.  Whether a jury believes a witness or not is often outcome determinative in a suit.  Imagine having the President-elect testifying before a jury.  In the absence of compelling evidence to the contrary, most attorneys would find that witness to be highly credible.  The fact of this high dollar settlement is even more troubling as we remember that Trump and his businesses have been involved in at least 3,500 legal actions in federal and state courts during the past three decades. They range from skirmishes with casino patrons to million-dollar real estate suits to personal defamation lawsuits.  Just since he announced his candidacy, at least 70 new cases have been filed. And the records review found at least 50 civil lawsuits remain open even as he moved toward claiming the nomination at the Republican National Convention in Cleveland.  “The legal actions provide clues to the leadership style the billionaire businessman would bring to bear as commander in chief. He sometimes responds to even small disputes with overwhelming legal force. He doesn’t hesitate to deploy his wealth and legal firepower against adversaries with limited resources, such as homeowners. He sometimes refuses to pay real estate brokers, lawyers and other vendors.”

It seems it was just a few months ago that Trump declared:  “I could have settled but won’t out of principle!”    “I don’t settle lawsuits.” “Probably should have settled it, but I just can’t do that. Mentally I can’t do it. I’d rather spend a lot more money and fight it.”

 

 

The settlement of this lawsuit is an embarrassment to the American people.  An agreed settlement of this magnitude signals the admission of Donald Trump of a likelihood that he would have lost the suit.  That would have meant that American voters had elected a man who used his power, wealth, and celebrity status to defraud average Americans.  …Oh wait, that’s what happened on November 8th!

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11 thoughts on “The President-Elect Pays 25 MILLION DOLLARS to Settle Fraud Class-Action Case!

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  1. If we just assume that every time dRUMPf opens his anus shaped pie hole, lies, deceit, misdirection, and IDIOCY will be what falls out.

    “I don’t settle lawsuits. It just makes others more apt to file them.” No, he’d rather defraud everyone and wait for them to run out of money for legal representation.

    #notmypresident

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  2. One of the cases included a civil RICO claim. What if the case went to trial and an unfair jury (goaded by that unfair Mexican judge) decided that The Donald was a racketeer?

    Kellyanne Conway insisted that Bill Clinton admitted wrongdoing by settling
    his lawsuit. By that logic, so did Trump. Bigly. Yuuugely.

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  3. The second that we accept a rigged election result as reality we have lost. I do not understand how the Federal Election Commission is not stepping up and demanding a legit count and result. This is very dangerously wrong. How does the office of USA President get handed over without challenge after a known cyber attack on American Electronics and Grid? This is OUTRAGEOUS.

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  4. Keep in mind that Michael Jackson settled a case for shitloads which made him look guilty but he was in fact not a pedophile.

    Though this is likely different. Trump is a very selfless person and always wants to help people. He wasn’t gifted the Ellis Island award for nothing and hasn’t donated millions on millions because he’s cheap. He donates because hes generous.

    Why don’t you write about how the Clinton Foundation has no democratic defenders and how it spends 50 mil on TRAVEL alone.

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  5. Here are seven connections between Trump and Epstein’s sex slave endeavors that you need to know about:

    1.Trump himself has said that Epstein is “a lot of fun to be with,” adding that he admired the sex offender’s affinity for beautiful women “on the younger side.”

    “I’ve known Jeff for fifteen years. Terrific guy,” Trump once said about the convicted sex offender. “He’s a lot of fun to be with. It is even said that he likes beautiful women as much as I do, and many of them are on the younger side. No doubt about it — Jeffrey enjoys his social life.”

    2. Trump was named in Epstein’s “little black book.”

    Epstein’s “little black book” was stolen by a former employee in 2004. The book, nicknamed “The Holy Grail” by the employee, revealed the name of Donald Trump and listed “14 phone numbers including emergency numbers, car numbers, and numbers to Trump’s security guard and houseman.”

    3. Trump has allegedly flown on Epstein’s private plane — a hot spot for under-age sex orgies.

    “Mark Epstein, Jeffrey’s brother, testified in 2009 that Trump flew on Jeffrey’s private jet at least once,” reports VICE News. “Meanwhile, message pads [see below] from Epstein’s Palm Beach mansion that were seized by investigators and obtained by VICE News indicate that Trump called Epstein twice in November of 2004.”

    Epstein’s private Boeing 727, according to one of his alleged victims, Virginia Roberts, was nicknamed the “Lolita Express.” Roberts recalled “unsavoury” sex orgies on the private plane when she was just 15 years of age with Epstein and his friends.

    4. Both Trump and Epstein are named as sex abusers in a case with an under-aged girl.

    Radar Online reports that a woman in California, “identified” as Katie Johnson, filed a $100 million lawsuit against Trump on April 26, accusing the real estate mogul of raping her when she was just 13 years old.

    Johnson “claims Trump raped her when she was 13-years-old and forced her to engage in sex acts by threatening to harm her and her family,” notes The Independent UK. “She claims the alleged abuse took place over a four-month period at underage sex parties held in New York City in 1994.” Epstein was also named for alleged sexual misconduct and threats.

    Trump’s team adamantly denies the accusation, suspecting the claim is possibly a hoax since there is allegedly “no evidence” the plaintiff “actually exists.”

    5. Epstein admitted to knowing Trump under oath, and curiously pled the fifth to Trump attending sex parties with underage girls.

    Back in 2010, Epstein admitted to “socializing” with Trump, but when a lawyer representing an under-aged victim of Epstein’s asked if he has “ever socialized with Donald Trump in the presence of females under the age of 18,” Epstein curiously pled the Fifth. Per Vice News:

    Q: Have you ever had a personal relationship with Donald Trump?
    A. What do you mean by “personal relationship,” sir?
    Q. Have you socialized with him?
    A. Yes, sir.
    Q. Yes?
    A. Yes, sir.
    Q. Have you ever socialized with Donald Trump in the presence of females under the age of 18?
    A: Though I’d like to answer that question, at least today I’m going to have to assert my Fifth, Sixth, and 14th Amendment rights, sir.

    6. At least one of Epstein’s underage sex victims was recruited from Trump’s Mar-a-Lago — which he frequented often.

    Virginia Roberts, an alleged victim of Epstein’s, “was recruited to perform a massage for Epstein while working as a $9-per-hour locker room attendant at Mar-A-Lago.”

    Roberts claims that “Epstein turned her into a ‘sex slave’ and pimped her out to various friends, including England’s Prince Andrew. Over the years, the passengers on Epstein’s jet, she said, included ‘a whole bunch of other girls, sometimes famous people, sometimes some politicians.'”

    7. Trump was subpoenaed in 2009 for his connection to Epstein’s under-age sex slave rings. Trump has denied ever being served.

    In 2009, Trump was subpoenaed in a case against Epstein concerning victim Virginia Roberts. Trump’s attorney Alan Garten said that the subpoena “never happened.”

    “There is no debate over what happened,” said one of Roberts’ attorneys. “I served Mr. Trump with a subpoena for deposition in 2009. He talked to me voluntarily, and consequently we withdrew the subpoena in light of his voluntarily providing information…. I can’t imagine there being any dispute of any of this.”

    Additionally, Garten told VICE News in January that Mr. Trump has “no relationship” with Epstein other than the Democratic donor frequenting Trump’s Mar-A-Lago. “A lot of people hung out there, including Jeffrey Epstein,” said Garten. “That is the only connection.”

    According to the evidence, however, the connections with Epstein appear to go a lot deeper than that.

    Like

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