“But the Trumpian part is that even though, or perhaps because, it may be part of a Trump scam, Knight now too may be on the hook for $175 million as it won’t automatically get out from underneath its own proffered surety.”
Hankey, a billionaire, has already said that his company will be able to post the money for Trump.
He was reacting to a comment on X by lawyer Dave Kingman, who wrote that Knight will not be able to post the $175 million.
“Understand that Knight Specialty has a problem. This bond cannot be approved. Under the CPLR [Civil Practice Laws and Rules] the surety will remain obligated under the bond until a replacement bond is filed. Trump is unlikely to get a replacement bond. Knight Spec will be liable AND Trump won’t have a stay [on enforcement],” he wrote.
Why is fraud against the state considered civil? It seems to be a crime for everyone else
Not sure what answer you’re looking for, but because the attorney general brought a civil case. Perhaps they couldn’t prove criminal fraud, since criminal trials have a higher burden of proof. Perhaps they could satisfy certain elements of criminal fraud, but not all of them. Perhaps they could demonstrate that the actions (actus reus) took place but not the intent (mens rea) required. These would all be questions for the NY AG.