According to NBC New York, Judge Arthur Engoron who presided over the civil fraud trial of former President Donald Trump is now under investigation after receiving unsolicited counsel from a prominent New York real estate lawyer.
The left-wing judge, who is controversial, found Trump guilty, along with two of his sons, his business associates, and the Trump organization. He also fined him $454 million, for inflating his assets falsely.
Adam Leitman Bailey, a real estate lawyer, admitted last week to NBC that he had given Engoron unsolicited advice three weeks before he decided on the case. This is illegal.
Bailey, speaking to reporters on the 16th of February, the day Engoron made his final decision, said: “I had the opportunity to speak with him three weeks earlier.”
I wanted to let him know my opinion and why …. I want him to get it right.
NBC New York reports that the New York State Commission on Judicial Conduct is investigating the matter.
According to New York State Rules of Judicial Conduct, “a judge shall not initiate or permit ex parte communications or consider any other communications made by the parties to the judge without their presence or that of their attorneys.”
The rules do allow for an exception if you seek the advice of a neutral expert.
The judge can consult a disinterested legal expert to provide advice on a case before him if he gives the parties notice and allows them a reasonable chance to respond.
Engoron, through the court’s spokesperson, denied making any inappropriate comments to Bailey. He also said the conversation had “absolutely no influence” on his final decision.
The spokesman said, “The decision Justice Engoron made on February 16 was entirely his, deeply considered and uninfluenced by anyone else.”
Bailey told NBC he had asked the judge for the right ruling because a large fine against the Trump Organization could harm the New York economy.
The lawyer said that he told Engoron the anti-fraud laws used against Trump were not intended to terminate the operations of major companies, especially in cases where there are no victims.
Engoron agreed with the Democrat New York Attorney-General Letitia James that Trump had overvalued his properties, allowing him favorable loans that affected the market.
Bailey, who says he’s not a Trump supporter, claims to have no connection with any of the cases brought against the former President. However, he has litigated before Engoron hundreds of times and Engoron usually “had lots of questions about certain cases,” in their private conversations.
Bailey told NBC the two men did nothing wrong because they only discussed the law.
Bailey said: “We didn’t mention Donald Trump at all.” He added, “Well, it’s obvious that we weren’t discussing the Mets.”
Christopher Kise is an attorney in the former president’s team. He told NBC New York that “the code does not provide an exception because ‘well this was a minor conversation’ or if ‘well it didn’t impact me ‘…The codes are very clear.”
