Public Advocate's William Olson Says "No Disgorgement Zone Around Trump Assets"
"Conservative lawyer William Olson operating independently in his capacity as a Constitutional lawyer, along with others has filed a brief declaring the excessive judgement against Donald Trump in the New York court case is actually not allowed by law and that the government has no rememdy in the law to disgorge Trumps funds," says Eugene Delgaudio, president of Public Advocate.
Disgorgement is the act of giving up something by legal compulsion or on demand, such as profits that were obtained illegally. It's a civil remedy that regulatory agencies in the United States often use to seize illegally obtained profits. The purpose of disgorgement is to prevent unjust enrichment and make illegal conduct unprofitable. It's not a form of punishment, but rather a way to correct unfair practices.
William Olson says on his law blog:
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.