1. The risk here involves a state case, not a civil matter between borrowers and lenders. The State of New York has effectively made itself a potentially “injured” party in every financial transaction in the state.
2. There’s no such thing as “negligible” under New York law. Donald Trump was just successfully sued in a case where the fraud was non-existent as a civil matter.
The law is on the state books. It has yet to be challenged. The law, as written or at least as interpreted by the awful judge, does not require a loss by the bank. Everyone is screaming “no loss” seems to miss the point that the state knew there was no loss before filing the case. The judge agrees. In fact, the bank made money on the loan. The documentation supporting the loan is the case. Trump would call it “perfect.” The state and the judge say he inflated values and his net worth. It looks like he did. All the rest is poppycock. The huge amount of the penalty is based on the favorable interest rate received on the arguably “inflated” property values and net worth. So there is obviously a difference.