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Appellate judges skeptical of New York civil fraud case against Trump

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By Jack Queen and Luc Cohen

NEW YORK (Reuters) -Appeals court judges signaled skepticism on Thursday toward the civil fraud case brought by New York state against Donald Trump as the former president asked them to toss a nearly half-billion dollar judgment against him over real estate business practices that a trial judge declared fraudulent.

Justice Arthur Engoron in February ordered Trump, the Republican candidate in the Nov. 5 U.S. presidential election, to pay $454.2 million in penalties and interest for inflating his net worth to dupe lenders and insurers into giving him better terms. The civil case was brought by New York state Attorney General Letitia James.

Members of the five-judge panel on the Appellate Division – the mid-level state appellate court hearing arguments in Trump’s appeal – appeared concerned about possible overreach by James.

Two of the judges interrupted Judith Vale, the lawyer arguing for New York, during her opening statement to ask if there were any other examples of the state suing over private business transactions between sophisticated parties under a law aimed at protecting market integrity.

“Every case that you cite involves damage to consumers, damage to the marketplace,” Justice David Friedman told Vale.

“We don’t have anything like that here,” Friedman added, saying that nobody “lost any money.”

The judges also wondered about what constraints applied to the law James cited in bringing the case – one that is typically used to go after fraudsters who target vulnerable consumers.

“How do we draw a line or at least put up guardrails? Justice Peter Moulton asked.

Vale, the state’s deputy solicitor general, said the statute – known as Executive Law 63(12) – is broadly aimed at stopping fraud and illegality, and was therefore appropriate in Trump’s case.

“When risk is injected into the market, that does hurt the counterparties and it does hurt the market as a whole,” Vale said.

The case stemmed from Trump’s leadership of his family real estate company, the Trump Organization, before he became president in 2017. Trump in April averted possible asset seizures in the case by posting a $175 million bond while he appeals.

Trump’s lawyer John Sauer told the judges that trial testimony showed that any discrepancies in Trump’s net worth were irrelevant to his lenders.

“What is not disputed is the testimony that if the net worth had been as low as one million (dollars), the deal would’ve been exactly the same,” Sauer said.

Sauer added that none of Trump’s lenders and business partners were harmed by the discrepancies on the financial statements, an argument Trump’s lawyers have made throughout the case.

“There were no victims, no complaints,” Sauer said.

During his rebuttal argument, Sauer said Vale had “struggled to articulate any clear principle” that would limit the state’s enforcement power under the law.

TRUMP’S EMPIRE

Engoron’s ruling poses a threat to the business empire Trump has built over decades, which includes hotels, office buildings and golf courses around the world. With interest continuing to accrue, Trump now owes $478.3 million.

The case is one of a number of legal entanglements Trump has faced since leaving the White House in 2021. He owes nearly $90 million in federal civil penalties for defaming a writer who accused him of sexual abuse, and was convicted in May on criminal charges stemming from hush money paid to a porn star.

Trump has denied all wrongdoing and has said the cases were brought to interfere with his campaign. A Reuters/Ipsos poll on Tuesday showed Vice President Kamala Harris, the Democratic candidate, leading Trump 47%-40% nationwide, though the state-by-state results of the Electoral College determine the winner.

In a brief submitted in July to the Appellate Division, Trump’s lawyers said that the financial statements he submitted to banks actually understated his wealth, and there was no indication that any of the lenders suffered losses.

The lawyers also accused James, a Democrat, of targeting a political adversary.

© Reuters. Trump's lawyer John Sauer speaks in front of appeals court judges as lawyers Chris Kise and Clifford Robert sit at the defense table defense table during appeals in the civil fraud case brought by New York state against Donald Trump as the former president asked them to toss a nearly half-billion dollar judgment against him over real estate business practices that a judge declared fraudulent in New York, U.S, September 26, 2024 in this courtroom sketch.  REUTERS/Jane Rosenberg

In September 2023, before a three-month trial with no jury, Engoron found Trump liable for lying about his asset values and net worth for a decade. The judge took particular issue with Trump’s claim that his Manhattan penthouse apartment was 30,000 square feet (2,787 square meters), nearly three times its real size.

The trial focused solely on penalties. In addition to the financial penalties, Engoron banned Trump from serving in a top role at any New York company, or seeking loans from banks registered in the state, for three years.

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Allbirds stock touches 52-week low at $7.65 amid market challenges

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In a challenging market environment, Allbirds Inc. (NASDAQ:) stock has recorded a new 52-week low, dipping to $7.65. The eco-friendly footwear company has faced significant headwinds over the past year, reflected in a substantial 1-year change with a decline of -55.8%. Investors have shown concern as the brand navigates through a competitive retail landscape and supply chain issues, which have pressured the stock to its current low. The company’s efforts to rebound will be closely watched by market participants looking for signs of a turnaround or further indications of industry-wide pressures.

In other recent news, Allbirds disclosed its Q3 2024 financial results, reporting a net revenue of $43 million. This figure reflects a downturn due to reduced unit sales and transitions to a distributor model in certain regions. Despite these challenges, the company managed to increase its gross margin to 44.4%, attributed to lower freight costs and improved inventory management.

The company also launched two new products, the Tree Glider and Lounger Lift, which have been positively received by consumers. Allbirds revised its full-year revenue guidance to between $187 million and $193 million and anticipates an adjusted EBITDA loss of $75 million to $71 million.

Additionally, Allbirds has signed two new international distributor agreements, expanding its reach in Latin America and Europe from mid-2025. The company’s management, led by CEO Joe Vernachio and CFO Annie Mitchell, remains optimistic about future growth, driven by forthcoming product launches and strategic marketing efforts.

InvestingPro Insights

Allbirds Inc. (BIRD) continues to face significant challenges, as reflected in its recent stock performance and financial metrics. According to InvestingPro data, the company’s revenue growth has declined by 22.67% over the last twelve months as of Q3 2024, with a quarterly revenue decline of 24.89% in Q3 2024. This aligns with the InvestingPro Tip that analysts anticipate sales decline in the current year.

The company’s financial health is also concerning, with an operating income margin of -48.08% for the same period. An InvestingPro Tip highlights that Allbirds is quickly burning through cash, which is particularly worrisome given the current market conditions.

Despite these challenges, InvestingPro Tips indicate that Allbirds holds more cash than debt on its balance sheet and its liquid assets exceed short-term obligations. This could provide some financial flexibility as the company navigates its turnaround efforts.

For investors seeking a more comprehensive analysis, InvestingPro offers 17 additional tips for Allbirds, providing a deeper understanding of the company’s financial position and market performance.

This article was generated with the support of AI and reviewed by an editor. For more information see our T&C.

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Quipt Home Medical stock hits 52-week low at $2.55

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Quipt Home Medical (TASE:) Corp. (QIPT) stock has reached a new 52-week low, trading at $2.55. This latest price point marks a significant downturn for the company, which has experienced a 46.87% decline over the past year. Investors are closely monitoring the home medical equipment provider as it navigates through a challenging period marked by this notable decrease in stock value. The 52-week low serves as a critical indicator for the market, reflecting investor sentiment and potential shifts in the company’s financial health and operational performance.

In other recent news, Quipt Home Medical Corp has been making notable strides despite facing several challenges. The company’s third fiscal quarter report revealed a steady increase in revenue, reaching $64 million, a 6.1% rise from the previous year. The customer base also expanded by 9%, serving 153,223 unique patients, and adjusted EBITDA grew by 2.7% to $14.2 million.

Benchmark revised its stock price target for Quipt Home Medical, reducing it to $7 from the previous $9, but maintained a Buy rating for the stock. This adjustment was influenced by several factors including the expiration of Medicare’s 75/25 rate relief, a diminished Managed Care contract, and the repercussions of the Change Healthcare (NASDAQ:) cyberattack. However, the firm predicts that Quipt could achieve an 8%-10% organic growth rate by the second quarter of fiscal year 2025.

In the face of these challenges, Quipt Home Medical has reported a 9% increase in resupply revenue for sleep therapy and supplies, which accounts for half of the company’s revenues. The company’s management has also indicated an active mergers and acquisitions pipeline, which could provide further growth opportunities. These are the recent developments that investors should keep an eye on.

InvestingPro Insights

Despite Quipt Home Medical Corp. (QIPT) hitting a new 52-week low, InvestingPro data reveals some interesting insights that may provide context for investors. The company’s revenue growth remains strong, with a 29.31% increase over the last twelve months as of Q3 2024, reaching $244.23 million. This growth suggests that QIPT continues to expand its market presence in the home medical equipment sector.

However, profitability remains a concern. InvestingPro Tips highlight that QIPT has not been profitable over the last twelve months, with a negative P/E ratio of -24.61. On a more positive note, analysts predict that the company will become profitable this year, which could potentially reverse the stock’s downward trend.

The current market valuation implies a strong free cash flow yield, according to another InvestingPro Tip. This could indicate that the stock may be undervalued at its current price, especially considering that it’s trading near its 52-week low. Investors looking for a deeper analysis can find 7 additional InvestingPro Tips for QIPT, offering a more comprehensive view of the company’s financial situation and market position.

This article was generated with the support of AI and reviewed by an editor. For more information see our T&C.

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Muslims who voted for Trump upset by his pro-Israel cabinet picks

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By Andrea Shalal

WASHINGTON (Reuters) – U.S. Muslim leaders who supported Republican Donald Trump to protest against the Biden administration’s support for Israel’s war on Gaza and attacks on Lebanon have been deeply disappointed by his Cabinet picks, they tell Reuters.

“Trump won because of us and we’re not happy with his Secretary of State pick and others,” said Rabiul Chowdhury, a Philadelphia investor who chaired the Abandon Harris campaign in Pennsylvania and co-founded Muslims for Trump. Muslim support for Trump helped him win Michigan and may have factored into other swing state wins, strategists believe.

Trump picked Republican senator Marco Rubio, a staunch supporter of Israel for Secretary of State. Rubio said earlier this year he would not call for a ceasefire in Gaza, and that he believed Israel should destroy “every element” of Hamas. “These people are vicious animals,” he added.

Trump also nominated Mike Huckabee, a former Arkansas governor and staunch pro-Israel conservative who backs Israeli occupation of the West Bank and has called a two state solution in Palestine “unworkable”, as the next ambassador to Israel.

He has picked Republican Representative Elise Stefanik, who called the UN a “cesspool of antisemitism” for its condemnation of deaths in Gaza, to serve as U.S. ambassador to the United Nations.

Rexhinaldo Nazarko, executive director of the American Muslim Engagement and Empowerment Network (AMEEN), said Muslim voters had hoped Trump would choose Cabinet officials who work toward peace, and there was no sign of that.

“We are very disappointed,” he said. “It seems like this administration has been packed entirely with neoconservatives and extremely pro-Israel, pro-war people, which is a failure on the on the side of President Trump, to the pro-peace and anti-war movement.”

Nazarko said the community would continue pressing to make its voices heard after rallying votes to help Trump win. “At least we’re on the map.”

Hassan Abdel Salam, a former professor at the University of Minnesota, Twin Cities and co-founder of the Abandon Harris campaign, which endorsed Green Party candidate Jill Stein, said Trump’s staffing plans were not surprising, but had proven even more extreme that he had feared.

“It’s like he’s going on Zionist overdrive,” he said. “We were always extremely skeptical…Obviously we’re still waiting to see where the administration will go, but it does look like our community has been played.”

The Trump campaign did not immediately respond to an email seeking comment.

Several Muslim and Arab supporters of Trump said they hoped Richard Grenell, Trump’s former acting director of national intelligence, would play a key role after he led months of outreach to Muslim and Arab American communities, and was even introduced as a potential next secretary of state at events.

Another key Trump ally, Massad Boulos, the Lebanese father-in-law of Trump’s daughter Tiffany, met repeatedly with Arab American and Muslim leaders.

Both promised Arab American and Muslim voters that Trump was a candidate for peace who would act swiftly to end the wars in the Middle East and beyond. Neither was immediately reachable.

Trump made several visits to cities with large Arab American and Muslim populations, include a stop in Dearborn, a majority Arab city, where he said he loved Muslims, and Pittsburgh, where he called Muslims for Trump “a beautiful movement. They want peace. They want stability.”

© Reuters. FILE PHOTO: Richard Grenell, a top advisor to former U.S. President Donald Trump and former Acting Director of National Intelligence, speaks to the attendees of a Muslims and Bangladeshi Americans for Trump  outreach event in Hamtramck, Michigan, U.S. November 2, 2024.  REUTERS/Rebecca Cook/File Photo

Rola Makki, the Lebanese American, Muslim vice chair for outreach of the Michigan Republican Party, shrugged off the criticism.

“I don’t think everyone’s going to be happy with every appointment Trump makes, but the outcome is what matters,” she said. “I do know that Trump wants peace, and what people need to realize is that there’s 50,000 dead Palestinians and 3,000 dead Lebanese, and that’s happened during the current administration.”

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