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Donald Trump asks court to accept $100mn bond as he appeals New York fraud verdict

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Donald Trump asks court to accept 0mn bond as he appeals New York fraud verdict

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Donald Trump and the New York attorney-general are squaring off over how big of a bond the former US president must put up as he appeals a massive judgment of more than $450mn in a civil fraud trial earlier this month.

In a filing with an appeals court earlier on Wednesday, lawyers for Trump said the financial penalty levied against him and his businesses after they were found liable for widespread fraud was “absurd” and “grossly disproportionate”.

They said their client was unable to post the full sum necessary to delay enforcement of the judgment, which includes prejudgment interest, and offered instead to put up a bond worth $100mn.

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“The exorbitant and punitive amount of the judgment . . . would make it
impossible to secure and post a complete bond,” Trump’s lawyers wrote.

The New York attorney-general’s office, which brought the claim, in
turn asked the appellate division to force Trump to post the full
amount, arguing that the former president had all but admitted that he
has “insufficient liquid assets to satisfy the judgment”.

They pointed out that Trump had other “significant liabilities”,
including an outstanding judgment of $83mn in a case brought by E
Jean Carroll, the writer whom a New York jury found last month had been defamed by him. A different jury in a related case had previously ordered Trump to pay Carroll $5mn.

A decision from the appeals court could come as soon as Wednesday.

The battle has underlined the financial burden that the legal judgments have imposed on Trump, a billionaire who made his fortune in real estate and is mounting a costly campaign for a second term as president even while he battles other court cases around the country.

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Even if a defendant appeals, which Trump has done, state courts in New York typically require the posting of cash or a surety bond to avoid having his assets seized. The bond is akin to a bank guarantee or line of credit. It carries an upfront premium of 0.5 per cent to 3 per cent, and whoever provides it would demand collateral in exchange — perhaps as much as 100 per cent.

Trump’s legal team said in the filings on Wednesday that such a bond would cost the former president more than $550mn in total.

Given the sums at stake, Trump would have to turn to one of a handful of large insurers. Before underwriting it, they would have to weigh the risks of lending money to a developer with a long record of bankruptcies and unpaid bills — not to mention the attendant publicity.

“This obligation is going to be a tough one,” said one surety bond broker. “You don’t just walk in and ask for a bond.”

As with the fraud trial, a crucial question will be just how much money Trump actually has on hand. In a deposition for that trial, he said last year he had “substantially in excess” of $400mn in cash.

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But the Trump Organization is a private company, and it is almost impossible to verify his claims.

While the appellate division could grant Trump’s request to halt enforcement of the judgment without demanding the full amount, “my guess is given the magnitude of this case, that an appellate court is not going to playing games”, a former appellate judge said.

If Trump cannot pay, Letitia James, the New York attorney-general who filed the fraud suit, has already warned that she would seek to seize his properties, telling ABC News in a recent interview: “I look at 40 Wall Street [a Trump building] every day.”

But as a source of collateral, the Trump property empire may be less valuable than it seems. Beginning in the 1990s, Trump switched from building and owning properties, as his father Fred had done, to licensing the Trump name for a fee, instead.

Those properties the family still control are suffering the same plagues of rising interest rates and remote working that are afflicting the rest of the commercial real estate industry.

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One of the Trump Organization’s top properties, for example, is the office tower at 40 Wall Street. Trump also owns a minority share of another Manhattan office tower, 1290 Avenue of the Americas. The majority owner is Vornado. 

Adam Leitman Bailey, a New York real estate lawyer, noted that many Trump properties carried mortgages. Among them is the iconic Trump Tower, where Trump famously announced his presidential campaign in 2015. It has a $100mn mortgage. “I’m not sure how much equity he will have left to get the collateral,” Leitman Bailey said.

There is also Mar-a-Lago, Trump’s club in Palm Beach, Florida. During the trial, a witness testifying for him pegged its value at more than $1bn — although others dispute this, citing deed restrictions. Parting with it would carry a psychic cost. “That’s his Rosebud,” Leitman Bailey said, referencing the film Citizen Kane.

Another option would be to have a wealthy friend, a pro-Trump political action committee or even the Republican National Committee step in to defray the bond. So far, however, neither a Trump Pac nor the Republican party has nearly enough cash to pay it off.

Additional reporting by Alex Rogers

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Tech reversal pushes US megacaps into correction territory

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Tech reversal pushes US megacaps into correction territory

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Four of the so-called Magnificent Seven technology stocks that have powered the US market rally for the past nine months ended the week in correction territory, having fallen by more than 10 per cent from recent peaks. 

Another two — Microsoft and Amazon — are close to the double-digit falls that define a correction. Investors are looking ahead to further tech earnings updates next week amid worries about punchy valuations and the risks that returns from vast artificial intelligence-related spending may not live up to early hopes.

Nvidia and Tesla are each down 17 per cent from their recent peaks while Meta and Google parent Alphabet have fallen 14 per cent and 12 per cent. Apple is the best performer in the group, having lost just 7 per cent while Microsoft and Amazon have slid about 9 per cent each.

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On Wednesday Alphabet sparked a wider market sell-off when, despite it reporting solid quarterly operating numbers, its shares fell more than 5 per cent on concerns about AI-related investments. Its $13bn quarterly capital expenditure was almost double the levels of a year ago.

“For a long time investors were really sold on the premise that AI investment in and of itself — spending money — is good,” said Max Gokhman, a senior vice-president at Franklin Templeton Investment Solutions. “What we’re seeing now is . . . investors saying, ‘Hold up a sec, what are the productivity gains here, when do you expect to see them?’”

Alphabet’s fall helped drag the tech-heavy Nasdaq Composite to its worst one-day decline in 18 months on Wednesday, down 3.6 per cent. The index ended the week down 2.1 per cent.

Microsoft, Meta, Apple and Amazon earnings next week may set up a fresh test of investor faith in the AI narrative that has been a crucial driver of market gains.

“Expectations are high and valuations for the Mag Seven aren’t cheap. We’re also closer to the point when we see some decelerations in earnings from them as a group — from the beneficiaries of AI in general,” said Josh Nelson, head of US equity at T Rowe Price. 

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Investors this week also showed they were prepared to punish companies that missed expectations, with Tesla losing 12 per cent on Wednesday after slowing sales and its own AI spending shrank profits more than expected. And Ford shares tumbled 18 per cent on Thursday when its profits fell short, hurt by unexpectedly high warranty costs.

On average, companies that missed expectations had seen their shares drop 3.3 per cent in the days surrounding their earnings, according to data from FactSet, more than the five-year average of 2.3 per cent.

Companies that beat expectations saw on average no gains in their share price, FactSet reported.

“The trend of misses getting punished more than beats get rewarded is getting a little bit more significant,” said Liz Ann Sonders, chief investment strategist at Charles Schwab. “There is uncertainty and skittishness with regard to just how fast the market, driven by those names ran, without the commensurate improvement in their forward earnings prospects.”

Sonders also pointed to the fact that the earnings season under way had coincided with a “rotation” among investors taking profits in the biggest tech names in favour of backing smaller companies that were more likely to see big benefits if the Federal Reserve begins to cut interest rates in September.

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This week, the Russell 2000 index of small-cap stocks added 3.5 per cent while the blue-chip S&P 500 fell 0.8 per cent.

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Boar's Head recalls 200,000 pounds of deli meat linked to a Listeria outbreak

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Boar's Head recalls 200,000 pounds of deli meat linked to a Listeria outbreak

An electron microscope image of a Listeria monocytogenes bacterium, which has been linked to an outbreak spread through deli meat. Boar’s Head recalled meat on Friday, after two deaths and 33 hospitalizations linked to Listeria.

Elizabeth White/AP/Centers for Disease Control and Prevention


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Elizabeth White/AP/Centers for Disease Control and Prevention

Boar’s Head is recalling more than 200,000 pounds of deli meat that could be contaminated with listeria, the Food Safety and Inspection Service announced Friday.

The recall includes all Liverwurst products, as well as a variety of other meats listed in the FSIS announcement. The CDC has identified 34 cases of Listeria from deli meat across 13 states, including two people who died as of Thursday. The statement also said there had been 33 hospitalizations.

The CDC warns that the number of infections is likely higher, since some people may not be tested. It can also take three to four weeks for a sick individual to be linked to an outbreak.

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Listeria is a foodborne bacterial illness, which affects about 1,600 people in the U.S. each year, including 260 deaths. While it can lead to serious complications for at-risk individuals, most recover with antibiotics. Its symptoms typically include fever, muscle aches and drowsiness,

The CDC says people who are pregnant, aged 65 or older, or have weakened immune systems are most at risk. It suggests that at-risk individuals heat any sliced deli meat to an internal temperature of 165°F.

The investigation from the CDC and FSIS is ongoing. This is not the first listeria outbreak of the summer, as more than 60 ice cream products were previously recalled during an outbreak in June.

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US charges short seller Andrew Left with fraud

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US charges short seller Andrew Left with fraud

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A federal grand jury in Los Angeles has charged prominent short seller Andrew Left with more than a dozen counts of fraud, alleging that he made profits of at least $16mn from “a long-running market manipulation scheme”, according to a statement from the Department of Justice.

The DoJ added: “Left knowingly exploited his ability to move stock prices by targeting stocks popular with retail investors and posting recommendations on social media to manipulate the market and make fast, easy money.”

The grand jury indictment charged him with 17 counts of securities fraud, one count of engaging in a securities fraud scheme and one count of making false statements to federal investigators.

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The indictment alleged that Left, who has a high profile on social media, publicly claimed that companies’ share prices were too high or low, often with a recommended target price and “an explicit or implicit representation about Citron’s trading position”. This, the DoJ said, “created the false pretence that Left’s economic incentives aligned with his public recommendation”.

Left prepared to quickly close positions after publishing his comments, taking profits on price moves he had caused, according to the indictment.

It also accused Left of presenting himself as independent and concealing Citron’s links with a hedge fund by fabricating invoices and wiring payments through a third party.

If convicted, Left could face decades in prison. Each securities fraud count carries a maximum penalty of 20 years in prison, while the securities fraud scheme and false statements counts each carry a maximum prison term of 25 years and five years, respectively.

The US Securities and Exchange Commission has also filed a separate civil fraud case against Left and his firm Citron Research, claiming the founder made $20mn from a “multi-year scheme to defraud followers.” Left declined to comment on the DoJ and SEC charges.

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“Andrew Left took advantage of his readers. He built their trust and induced them to trade on false pretences so that he could quickly reverse direction and profit from the price moves following his reports,” said Kate Zoladz, regional director of the SEC’s Los Angeles office. “We uncovered these alleged bait-and-switch tactics, which netted Left and his firm $20mn in ill-gotten profits, and we intend to hold Left and his firm accountable for their actions.”   

The practice of betting that a company’s share price will go down has long been controversial — opponents say it gives traders incentives to spread misinformation, while supporters argue that it improves price discovery and holds management accountable. Last year the SEC adopted new rules that require investors to disclose short positions more quickly and fully.

Left has been most vocal recently in his scepticism over GameStop, the ailing video games retailer. In May it raised $3bn selling new shares following a surge in its price driven by the reappearance of Roaring Kitty — whose real name is Keith Gill — who was instrumental in the 2021 meme stock mania that had sent its value rocketing.

Left told followers in mid-June that Citron had closed its short position on the stock not because he had changed his views but because of GameStop’s newly-strengthened balance sheet.

In 2016, Left received a five-year “cold shoulder” ban from regulators in Hong Kong — a landmark ruling for the city — temporarily barring him from its markets after he was found culpable of misconduct related to a research report he published on Chinese property developer China Evergrande.

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Additional reporting by Stefania Palma in Washington and Brooke Masters in New York

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