How Manhattan DA could pressure Allen Weisselberg to cooperate against Donald Trump

“I think (Vance) sent a message that this is an exit ramp for Weisselberg that he should have taken already and, if he doesn’t, everything he knows and love in this world is a fair game, ”said Agostino. “And I think he’s sending a message to the Trump organization: your people should come talk to us sooner rather than later if you want a business that you can leave to your kids. It’s a traditional hard ball, at the old, which is what New York does almost better than anyone else. ”

The cooperation of Weisselberg, a senior executive who worked for the Trump organization for 48 years, could help prosecutors in the ongoing case and in other areas that are still under investigation.

Former President Donald Trump does not use email and Weisselberg was a trusted ally. If Weisselberg cooperates, he could explain to prosecutors the intent behind certain decisions made in the Trump Organization and Trump’s role, if any, in the alleged tax regime or other areas. Trump has not been charged with any wrongdoing.

Lawyers for Vance’s office said their investigation was ongoing. New York Attorney General Letitia James echoed those sentiments. His office has partnered with Vance in the investigation and is also conducting a civilian investigation into the Trump organization, which, if it takes legal action and wins, could result in fines against the company.

Last week, Weisselberg pleaded not guilty to the charges and his lawyer said he would challenge the allegations in court.

A spokeswoman for Weisselberg’s lawyer declined to comment.

The Trump organization vigorously denied any wrongdoing and said Vance’s office was using Weisselberg “as a pawn in a scorched earth attempt to harm the former president.” A lawyer for the company said the indictment was the result of a political vendetta. The lawyer declined to comment for this story.

A spokesperson for the district attorney’s office declined to comment.

Ahead of the indictment, prosecutors sought to step up pressure on Weisselberg to cooperate, even believing his son Barry, a Trump Organization executive who lived in buildings owned by Trump at reduced rent. or free, could have exposure, someone familiar with the matter said.

No charges were laid against Barry Weisselberg, but he was indirectly mentioned in the indictment. Prosecutors alleged in the indictment that “the value of the accommodation provided to Weisselberg’s family member constituted income for that family member.” To charge a Weisselberg family member with a felony, prosecutors would have to prove they knew they should have paid taxes on the income they received.

Barry Weisselberg said in a 2018 statement taken in divorce proceedings with his now ex-wife Jennifer that his father paid their children’s school fees. Jennifer Weisselberg, who aided the district attorney’s investigation with testimony and documents, told CNN she believed the tuition was paid in part by Trump and in part by Allen Weisselberg.

A lawyer for Barry Weisselberg did not respond to requests for comment.

However, even the suggestion of charges against a family member might be enough to change the mind of a resistant defendant, said Brian E. Klein, criminal defense attorney.

“Prosecutors have a lot of tools at their disposal to try to get someone to cooperate. A proven method is to simply charge someone and hope that it will upset them and change their mind and cooperate.” , did he declare.

Usually, prosecutors do not directly threaten to indict a family member, but it is not uncommon for this implied threat to hang out there, either in the air. And it cannot be lost on Allen Weisselberg. or his lawyers, upon reading the indictment, that family members may be witnesses or be investigated. ”

The ongoing investigation is looking into whether the Trump Organization has manipulated the value of some of its properties to obtain loans, insurance or tax benefits, people familiar with the matter have said.

Investigators are also looking at fees paid to consultants, including TTT Consulting, an entity controlled by Trump’s three adult children – Donald Trump Jr., Ivanka Trump, and Eric Trump – and whether appropriate taxes were paid on the income, have people said.

A fidelity test

Weisselberg’s cooperation could help prosecutors look into other areas. It could also make him a valuable and credible witness to the government, noted Agostino, who said it makes sense to indict the company now rather than wait and see if other areas of investigation lead to any charges. accusations.

“By making him a beneficiary and a distributor of the illegal loot, they put him as a co-conspirator. If they do it all alone, he is not as good as a witness if they all serve the master “, Agostino mentioned.

Without a trace of email, authorities would need someone to explain what role, if any, Trump had in compensation and tax decisions.

“We don’t know what they have on Trump. I’m pretty sure Allen Weisselberg didn’t imagine that and started paying his own personal expenses without Trump knowing,” Eric Green said. , a lawyer who previously represented clients. the Internal Revenue Service and the Department of Justice.

Green called the alleged ploy “so blatant.”

“I don’t see how Weisselberg has a self-defense,” he said, adding, “If he can turn on Trump and give them anything… we don’t know.”

An unknown factor, said Adam S. Kaufmann, a former Manhattan assistant district attorney, is simply the mental toll of being an accused, especially for someone who may be nearing the end of their career. like Weisselberg.

“There’s a difference, psychologically, between saying you’re never going to cooperate and being charged with the crime. Part of it, ‘Oh, my God, I could go to jail.’ But part of it takes over your life and it eats away at you, ”he said.

“The customers call me at night, they text me at 1 a.m. And I’m just wondering, why not make a deal, spend the next two years cooperating with the DA and playing with your little ones? -children? ”