Judge Arthur Engoron, who issued a $454 million fine against Donald Trump in a civil fraud trial, is under investigation for allegedly having an improper ex parte conversation with real estate attorney Adam Leitman Bailey weeks before the ruling.
Bailey claimed he approached Engoron at the courthouse to share his perspective on a key legal issue, insisting he aimed to help the judge understand the economic implications.
“I actually had the ability to speak to him three weeks ago,” Bailey said. “I saw him in the corner [at the courthouse] and I told my client, ‘I need to go.’ And I walked over and we started talking … I wanted him to know what I think and why … I really want him to get it right.”
“He had a lot of questions, you know, about certain cases. We went over it,” Bailey added.
However, such conversations are prohibited under judicial conduct rules without notice to all parties.
Engoron denied being influenced, but ex parte communication is forbidden to prevent undue influence or the appearance thereof.
“No ex parte conversation concerning this matter occurred between Justice Engoron and Mr. Bailey or any other person. The decision Justice Engoron issued on February 16 was his alone, was deeply considered, and was wholly uninfluenced by this individual,” New York State Office of Court Administration spokesperson Al Baker stated.
Experts said any substantive legal discussion should have been disclosed.
Bailey has a history of disciplinary issues.
The vague nature of the conversation raises questions about impartiality despite denials of influence on the high-profile Trump ruling.
