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After a flood of explosive news about criminal investigations related to Donald Trump in New York, including a Manhattan district attorney meeting for a special grand jury, more details emerged that may indicate the intensification of the legal problems of one of the former president’s business aides.
The New York Times reported Tuesday that the Manhattan attorney general’s office has “apparently entered the final stages of a criminal tax investigation” of Allen Weisselberg, the Trump Organization’s longtime chief financial officer.
The report that prosecutors are nearing the final stages of a criminal tax investigation in Weiselberg follows reports that Jeff McConaughey — senior vice president and financial controller for the Trump Organization — has testified before a special grand jury in Manhattan.
McConaughey, a “senior official” at that company, is also the first Trump Organization employee to be called to testify — and he’s one of a “number of witnesses” who were before the committee, ABC reported.
McConaughey’s role as the Trump Organization’s money man could have dramatic ramifications for investigating potential financial crimes in the sprawling business empire. A grand jury set up by the Manhattan attorney general’s office is expected to decide whether to indict Trump, other executives at his company or the company itself if prosecutors bring criminal charges.
The investigation is extensive and relates to Trump’s business affairs that preceded his presidency. The inquiry examines whether the value of some real estate in his company’s real estate portfolio has been fraudulently offered to insurance companies and banks. The investigation is also trying to determine whether the meager assessments of the property have led to illegal tax credits, according to the Washington Post.
With Weisselberg, the Manhattan District Attorney’s Office is said to be investigating whether he received any “additional benefits” from the company in addition to his salary, and whether said benefits were adequately taxed.
Although Trump and Weisselberg were usually “the only people in the room,” when preparing tax papers and other financial documents, McCone brought them “the original documents and raw data slides,” the Daily Beast reported. Therefore, McCone may have financial information that could be used against Weisselberg or Trump.
Weisselberg’s lawyer said “no comment” when asked about the investigation and the Times report.
The Manhattan attorney general’s office declined to comment.
Defense lawyers have long told the Guardian that such revelations about grand jury witness testimony may give clues about prosecutors’ strategy and ideas about possible wrongdoing. When prosecutors begin calling witnesses to grand juries, it usually means that the investigation has reached the point where prosecutors feel they have a criminal case against someone.
Daniel R. Alonso, a partner at Buckley LLP’s New York office whose previous work includes working as a senior assistant district attorney with the Manhattan District Attorney, said: “You have to start with the suggestion that it’s pretty clear that they’re targeting Allen Weisselberg, chief financial officer. If that’s true. , which it seems, is clearly a step to get the controller’s certificate in the registry.
“It appears from the reports that he’s been given immunity,” Alonso said of Maconi. “They either don’t think he has criminal exposure or if he does, they are more interested in getting people higher up the food chain if they can.”
Allen Weisselberg stands behind Donald Trump and his son Don Jr. Photo: Timothy A. Clary/AFP/Getty Images
And since the controller interacts daily with the CFO, “There are undoubtedly many, many questions [district attorney] Ask him, or he will ask, or lots and lots of documents they can show him that will make it difficult for him to pretend he lacks memory,” Alonso said as well.
Makoni did not respond to an email request for comment.
Rebecca Roibe, a former attorney general in the Manhattan Attorney General’s office who is now a professor at New York Law School, explained that in New York state courts, a witness who has been called to a grand jury for what he has testified about cannot be tried.
“You don’t really want to use a grand jury, at least in terms of subpoenaing witnesses, at an early stage of the investigation because you don’t want to accidentally give someone immunity,” said Ruifi.
So, if prosecutors are calling witnesses in front of a grand jury, they have a strong sense of who they want to prosecute—they’re not just calling people in a way that might jeopardize the case.
“They must have a feeling that they have a criminal case against someone, because of the practice of a grand jury in New York,” said Roy.
“It appears to be a more advanced investigation. It’s not just investigators and prosecutors who are theoretically considering an investigation — they are actively interviewing witnesses and putting together a potential indictment,” said Jeffrey Lichtman, a veteran criminal defense attorney.
“They don’t call these people out of the blue.”
There seems to be no shortage of dignitaries willing to discuss Trump, his business, or his cronies.
Michael Cohen, a former Trump mediator, met with prosecutors in the Manhattan attorney general’s office. They reportedly asked Cohen questions about Trump’s business activities. Cohen pleaded guilty to tax evasion, campaign finance violations and lying to Congress.
Jennifer Weisselberg, the ex-wife of Allen Weisselberg’s son, provided investigators with extensive tax records and other financial documents. A representative for Jennifer Weisselberg said: “She is still considered a potential witness and has been in a conversation with the district attorney about her information and capabilities. [grand jury] Certification if necessary.
Adult movie star Stormy Daniels — who allegedly had sex with Trump about 12 years or so ago and took $130,000 in hush money during the 2016 presidential race for not discussing the alleged case — said she would easily testify before a grand jury.
Daniels reportedly said, “I would love nothing more than my day in court and to give an affidavit and give whatever evidence they need from me.”
Trump claimed that he had no sexual relationship with Daniels.
Trump’s lawyers did not respond to requests for comment.
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