Today, working with Steven J. Harfenist of Harfenist Kraut & Perlstein, LLP, our firm filed an amicus brief in support of President Trump’s appeal of New York’s fraud case against him and others connected to the Trump Organization. Our brief argued that New York’s law does not authorize the Attorney General to seek the equitable remedy of disgorgement where there is no harm suffered by the public. We also argued that the First Amendment prohibits punishing someone for “falsity alone.” Our brief put this case in the context of the U.S. Supreme Court recent decision in NRA v. Vullo. Finally, our brief argued that the massive fine imposed by the trial court violates the Fourteenth Amendment’s Due Process guarantee and the Eighth Amendment’s prohibition against excessive fines.
