Prosecutors threatened to charge Trump Organization CFO's son, lawyers say
Before charging the Trump Organization and its chief financial officer Allen Weisselberg with fraud and tax evasion last summer, Manhattan prosecutors threatened to have Weisselberg's son arrested as well, according to Weisselberg's attorneys.
Attorneys for the company and Weisselberg on Tuesday asked a judge to dismiss the Manhattan district attorney's criminal fraud and tax evasion charges against them. In a filing by Weisselberg's attorneys, they also claim the district attorney "threatened to prosecute Mr. Weisselberg's son as the consequence of Mr. Weisselberg's decision not to cooperate" with investigators.
"By threatening to prosecute Mr. Weisselberg's son Barry with prosecution, and by threatening to indict Mr. Weisselberg with other future 'new charges,' prosecutors crossed the fine and violated (Allen) Weisselberg's due process rights," they wrote.
A spokesperson for the Manhattan district attorney declined to comment.
Barry Weisselberg is a Trump Organization employee who previously managed an ice skating rink and carousel in Central Park that together brought in millions per year in cash for the company. Last year, a grand jury subpoenaed his divorce records as part of the financial probe. Included in the records, some of which have been reviewed by CBS News, were documents that reflect his finances and show that he and his ex-wife once resided in a Trump Organization-owned apartment.
Barry Weisselberg's ex-wife Jennifer also met in 2020 with the Manhattan D.A.'s domestic violence investigators before obtaining a temporary restraining order against him. The order expired in November 2020.
An attorney for Barry Weisselberg did not respond to a request for comment on any of these issues. He has not been charged with a crime, and there is no indication he is suspected of any crimes.
In their filing Tuesday, Allen Weisselberg's attorneys said that any attempted prosecution of Barry would have violated Barry's due process rights.
"Had it chosen to prosecute Mr. Weisselberg's son, that prosecution too would be challenged as a vindictive 'penalty' in violation of due process," they wrote.
Allen Weisselberg, who has been at Trump's side at the company for decades, was charged in July with receiving untaxed perks — including an apartment and car — worth $1.7 million. The Trump Organization was accused of providing him and other executives with lavish untaxed perks, or "indirect employee compensation."
Allen Weisselberg and the company deny wrongdoing and have entered not guilty pleas.