Former President Donald Trump and New York Attorney General Letitia James are locked in a legal battle over a $175 million bond that Trump posted to appeal the civil fraud case against him. The New York Attorney General's office has asked the court to void the bond, arguing that Knight Specialty Insurance Company (KSIC), which underwrote the bond, may not have sufficient resources to pay if Trump's appeal fails.
According to court filings from both sides, KSIC has a total policyholder surplus of $138 million. Under New York state law, companies like KSIC cannot expose themselves to liabilities or potential losses greater than 10 percent of their surplus. The face amount of the bond exceeds this limitation by $161.2 million.
The attorney general's office also raised concerns about the financial capacity of KSIC, stating that it uses affiliates in the Cayman Islands to reduce liabilities shown on its books and allegedly violates federal laws. They argue that these practices cast doubt on KSIC's ability to meet its obligations under the bond.
Trump and his co-defendants were ordered by Judge Arthur Engoron in February 2024 to pay a combined $464 million for their involvement in a decade-long scheme to inflate Trump's net worth for tax and insurance benefits. The judge ruled that the defendants conspired to falsify business records, misrepresent asset values, and commit financial fraud.
Trump posted the bond on April 1, 2024, after a New York Appellate Court reduced the amount of money he would need to post from $464 million to $175 million. The bond ensures that James' office cannot collect the multimillion-dollar judgment against Trump and his co-defendants while they appeal and pauses other penalties.
The judge is expected to hold a hearing on Monday, April 23, 2024, to discuss the issues raised by the attorney general's office. The hearing will run in parallel with opening statements in Trump's New York criminal trial.