Manhattan prosecutors consider 'highly unusual' criminal charges against Trump Organization



Former President Donald Trump's lawyers were informed Friday that the Manhattan district attorney's office is considering criminal charges against the Trump Organization related to fringe benefits the company awarded a top executive, the New York Times reported.

District Attorney Cyrus R. Vance Jr., who has led a three-year probe into Trump's business dealings with assistance from New York Attorney General Letitia James' office, could file the charges against the Trump Organization and its chief financial officer Allen Weisselberg as early as next week, if he chooses to seek an indictment.

The potential charges would include whether Trump's company properly recorded and paid taxes on benefits Weisselberg and other executives received, like tens of thousands of dollars in private school tuition for one of his grandchildren, rents on apartments, and car leases.

According to the Times, prosecutors have been building a case against Weisselberg for months in an attempt to pressure him to cooperate with the investigation into the former president. As a longtime Trump Organization employee, Weisselberg is assumed to have inside knowledge about Trump's dealings that could prove useful to investigators seeking to prove that the former president or his employees committed a crime.

If Vance proceeds, these would be the first criminal charges filed against Trump's company in the course of the Southern District of New York's highly publicized investigation into Trump and his business dealings.

Trump's lawyers reportedly met with prosecutors Thursday in an attempt to persuade them to abandon plans to drag the Trump Organization to court over what may be a trivial matter. Legal experts specializing in tax law told the Times that it would be "highly unusual to indict a company just for failing to pay taxes on fringe benefits." None of the experts could cite a recent example of another company facing similar charges over perks like company cars.

"Still, an indictment of Mr. Trump's company could deal a significant blow to the former president just as he has flirted with a return to politics," the Times acknowledged, a point Trump will doubtlessly use in his longstanding and ongoing complaints that the investigation into his businesses led by Vance, a Democrat, is a partisan "witch hunt."

After the Times published its report, Trump's lawyer, Ronald Fischetti, blasted the potential charges in a statement to NBC News after noting that "there are no charges that are going to be leveled against Mr. Trump himself."

"The corporate office will plead not guilty and we will make an immediate motion to dismiss the case against the corporation," Fischetti said. "Mr. Trump is outraged that they are still going after him by going after his company where he has loyal employees for decades.

"It looks like they are going to come down with charges against the company and that is completely outrageous," Fischetti said. "I've been practicing for over 50 years and I've never seen a case like this where they would indict or charge an individual or a company on tax evasion for using a company car or company apartment and then tie it to the company that he is working for without any evidence that what he did benefited the company."

Fischetti said New York prosecutors were persecuting Weisselberg because he would not turn on Trump.

"They could not get Allen Weisselberg to cooperate and tell them what they wanted to hear and that's why they are going forward with these charges," Fischetti said. "And they could not get him to cooperate because he would not say that Donald Trump had knowledge or any information that he may have been not deducting properly the use of cars or an apartment."

Last month, District Attorney Vance convened a grand jury to review the evidence from his investigation into Trump's business dealings and decide whether to indict the former president. It is unclear if more potential criminal charges will be announced against the Trump Organization or the former president.

Supreme Court orders Trump to turn over tax records to NY prosecutors



The Supreme Court on Monday ordered former President Donald Trump to have his accountants release his financial records to prosecutors in New York, ending a prolonged legal battle in which Trump sought to shield his tax documents from investigators.

BREAKING: After 4 months of inaction, SCOTUS in a one-sentence unsigned order declines Trump's request to further p… https://t.co/cfYIEkzFxO
— SCOTUSblog (@SCOTUSblog)1614004565.0

Trump's lawyers, on Oct. 7, requested that the high court block a lower court decision ordering Mazars USA, the accounting firm employed by the former president, to answer a subpoena from Manhattan district attorney Cyrus R. Vance's office and turn over Trump's tax documents. The Supreme Court's order, which was unsigned and issued without comment, rejected that request.

Trump's tax returns will be turned over under grand jury secrecy rules and will not be released publicly.

Vance, a Democrat, sought eight years of Trump's financial records as part of an inquiry into allegations that Trump made hush-money payments to two women who say they had affairs with him before he became president. Court filings reported by the New York Times last December suggested Trump is also under investigation for potential tax fraud.

Vance issued a three-word statement in response to the court's order: "The work continues."

The decision marks the end of a lengthy legal battle in which Trump sought to keep his tax records confidential. Trump was the only recent U.S. president to refuse to release his tax returns to the public. He repeatedly asserted that he was under "audit" by the Internal Revenue Service and has long promised to release his financial records once the audit was complete.

In August 2019, Vance issued a subpoena for Trump's personal and corporate tax returns from 2011 to 2018. Trump claimed that as the sitting president, he was immune to state criminal investigations, but the Supreme Court in a 7-2 decision rejected that argument and knocked the case back to lower courts.

Trump's lawyers then argued that the subpoena was politically motivated and amounted to harassment of the president, calling it a "fishing expedition" and demanding that the subpoena request be rejected. But the Second Circuit Court of Appeals in Manhattan denied Trump's request.

"We hold that none of the President's allegations, taken together or separately, are sufficient to raise a plausible inference that the subpoena was issued 'out of malice or an intent to harass,'" the appeals court said.

In a separate court filing, House Democrats sought to obtain Trump's tax records, but the Supreme Court last July refused to grant their request and sent the case back to the lower courts for review. House Speaker Nancy Pelosi (D-Calif.) said last August that if Joe Biden won the 2020 election, "the world will see what the president has been hiding all of this time."

Neither President Joe Biden or his newly confirmed Secretary of the Treasury Janet Yellen have yet indicated whether they will release Trump's taxes publicly.