Yesterday, Manhattan District Attorney Cyrus Vance Jr. and New York Attorney General Letitia James paraded triumphantly in front of hundreds of cameras to charge the Trump Organization and its finance chief, Allen Weisselberg, 73, with a 15-count indictment for failing to pay taxes on corporate perks. Weisselberg was a trophy defendant that needed to be prominently displayed. James ran for Attorney General on the pledge to get Trump and his associates. The excitement around the courthouse itself had the feel of a thrill kill as the heavily Democratic city celebrated the arrest of someone close to Trump.
I admittedly view these cases through the lens of a longtime criminal defense attorney but few recognized the obvious problem of a big hunt and small game. It is not that Weisselberg himself is small game, he was a close associate at the top of this company. The charges are small game when these prosecutors pledged to pursue Trump and alleged major crimes. However, the charges are based on violations that are ubiquitous among corporate executives and rarely the subject of such a major prosecution. If prosecuting untaxed perks was really a focus of these offices, they would have to frog march half of Manhattan to the hoosegow.
Nevertheless, the New York Times declared “the charges represent a major milestone for Mr. Vance, a Democrat who twice beat Mr. Trump at the U.S. Supreme Court in a battle to obtain the former president’s tax records.” Indeed, this effort has been going on for years and I also supported Vance’s right to gain such tax records. I stated repeatedly that I believed that the Trump arguments against turning over such records to Congress and prosecutors were unsupportable from a legal basis.
However, one can recognize that major victory in obtaining Trump’s taxes without inflating the significance of this indictment of his former CFO. The piling on of charges is clearly designed to get Weisselberg to flip against Trump. Standing alone, the case is hardly impressive. These are tax reporting violations that go back to 2005 and had nothing to do with Trump’s presidency. This was not Russian collusion or Ukrainian coercion to hush money payments to strippers. It was a failure to tell the IRS that Weisselberg was using cars and apartments paid for by the Trump organizations as well as other benefits.
That did not stop the “bag and brag” quality of the event held at the courthouse. People and many news outlets celebrated that a Trump associate was being handcuffed for anything. However, as a trophy kill, this is hardly enough to mount let alone brag out.
Moreover, the failure to pay taxes on benefits is usually a matter addressed civilly not criminally. If the prosecutors can prove the alleged effort to conceal the benefits, that certainly makes the matter more serious but this is not a big game charge eve if this is a major figure in the Trump company. It is of course possible that there are major criminal charges coming and that this is just the first small salvo. However, it would be difficult to nail Trump on such tax allegations over perks without showing knowledge and involvement in the tax omissions.
The prosecutors have alleged that as much as $1.76 million in benefits should have been taxes since 2005. Putting aside the common inflation of such valuations by prosecutors, that is a lot of money. It is result of adding everything from cars to apartments to wifi to holiday gift accounts. I expect some of these should have been taxed, but reading the indictment leaves one wondering how many executives fail to include car and other benefits as income, particularly going back to 2005.
I have made an analogy to Major League Baseball cracking down on substances on the hats and arms of pitchers. Pitchers knew that it was illegal but saw this as a common practice. Umpires did not monitor or punish pitchers for adding substances for better adhesions. As I said yesterday, this is obviously far more serious as an act. This is an alleged crime and a lot of money, particularly the payment of tuition which are hard and reliable figures. However, the question is whether this is a common practice has been the focus of major investigations let alone major criminal cases in the past. It also raises the question of selective prosecution.
Weisselberg is charged with a scheme to defraud, conspiracy, four counts of criminal tax fraud and other crimes. However, the major charge is grand larceny in the second degree which can result in a sentence for as must as 15 years but it is extremely unlikely that a sentence would be long, let alone reach such levels. This is a first offender, elderly businessman who did not claim perks for taxes. It does not make him Mother Teresa but it also does not make him John Gotti.
Here is the indictment: Weisselberg indictment
Simple if the tax is owed bill them, if they don’t pay it the IRS can seize bank accounts lien property or whatever. The rest is nonsense.
Dog and pony.
Corporate greed and not paying taxes leading to charges is not new. It needs to be followed and punishments meted out if needed and required. So if this is not new and if it is true, why does this feel like a political hit job?
When can we look forward to the indictments for money laundering, tax fraud, bribery, and firearms felonies against Hunter Biden? Also looking forward to indictments against Jimmy Biden, Frank Biden, Valerie Biden, and other Biden associates.
There are real crimes screaming to be prosecuted right there in the Biden family.
Instead they scream about Joey’s love of ice cream and they plaster the fake doctor on the cover of Vogue.
This is banana republic level corruption by our media and “lawmakers” and law “enforcers.” These people are disgusting and Trump is exposing them all.
TDS is strong today.
Usual suspects are all cackling like MacBeth’s witches
Trump has argued that he is above the law, Trump also has said he can pick and choose which laws apply to him. So, see, he is special and he don’t have to pay taxes if he doesn’t want to.
Trump has argued that he is above the law, Trump also has said he can pick and choose which laws apply to him.
This should be easily provable then. Prove it.
FishWings wrote, “Trump has argued that he is above the law, Trump also has said he can pick and choose which laws apply to him. So, see, he is special and he don’t have to pay taxes if he doesn’t want to.”
While Donald Trump was President of the United States he was “immune” to prosecution and he’s said some pretty nutty things about what he thinks he could get away with but I don’t think I’ve ever heard him say that he was “above the law” as a civilian.
Did you miss the fact that indictment wasn’t about Donald Trump’s taxes.
Somehow they want to tie Trump into this.
“Trump has argued that he is above the law, Trump also has said he can pick and choose which laws apply to him.”
Wrong.
It is Congress, the lawmakers, who believe they are above the law. It is Congressional lawmakers who pick and choose which laws apply to them. And which laws to use as weapons against their political enemies they seek to destroy.
Congress has usurped power from the Executive branch.
Joe Biden has politicized his DOJ through Merrick Garland.
NY state has an AG who ran on prosecuting Trump and said so during her campaign for the job! Now she is persecuting Trump as promised in her campaign for the job.
Strong in this one the TDS is.
There are two rules of law. For political allies and political opponents. I have no faith in government or any of its spokespersons. I don’t trust them, their scientists, their doctors, the FBI, anybody who works for government. About anything. They have poisoned everything. Not Trump. He just exposed the rot that was there all along.
So very true. Wouldn’t it be interesting if this same sort of passion was put on investigating Maxine Waters, Nancy Pelosi, Al Sharpton, AOC, Ilhma and Tlaib? The two tier Justice systems reeks of bullcrap!
How many decades has there been an ongoing investigation of Trump/Trump org. World, by the IRS, 20, 30 years now?
Years of the Mueller/Weinsman Witch Hunt investigation of Trump/Trump org.
Two Failed House impeachment investigations against Trump/Trump org.
And now New York is taking another bite out of investigate Trump/Trump org apple.
Can there be clearer cases of ongoing Govt/Prosecutorial Abuse ?
The Democrats are following the playbook of their Bolshevik, Red Guard, Jacobin Reign of Terror allies.
All Americans should be disgusted at Democrat’s behavior. However, with the Newspeak and Squealer Press. most American are just ignorant. I at least am seeing a few old fashioned liberals like Dr. T starting to recognize that the Dem party they supported has morphed into a regime of evil.
You can’t shine up s-t. Democrats can’t be shined at this point.
“Moreover, the failure to pay taxes on benefits is usually a matter addressed civilly not criminally. ”
Which pretty much tells you this would’ve been handled that way without excessive documentation of criminal behavior. Tough time to be advising Trump, Turley. I feel for you.
eb
Steve – Trump Organization, Executive Accused of Tax Fraud to Bankroll Lavish Lifestyle The company is accused of paying him $1.76 million “off the books” in the form of an apartment, Mercedes leases, and more.
By Justin Miller
TAX Fraud, not perks.
bill mcwilliams wrote, “Steve – Trump Organization, Executive Accused of Tax Fraud to Bankroll Lavish Lifestyle The company is accused of paying him $1.76 million “off the books” in the form of an apartment, Mercedes leases, and more.
By Justin Miller TAX Fraud, not perks.”
I know all that and I don’t condone any of it, in fact I wrote above “I’m all for getting criminals off the street including white-collar criminals and I’ll never rationalize actual intentional criminal behavior”.
What’s the point of your comment.
Bill McWilliams,
By the way; the operative word in your comment is “accused” and everyone needs to fully understand that the “accused” is innocent until proven guilty, that’s how our justice system works and if you don’t like the system either get elected to Congress and try change it or better yet just leave the USA and go to a place that doesn’t honor innocence until proven guilty.
the “accused” is innocent until proven guilty, that’s how our justice system works
Tell that to Bill Cosby
iowan2 wrote, “Tell that to Bill Cosby”
I’m not too sure what your argument is with that statement. Bill Cosby was innocent until proven guilty in a court of law and he was guilty by his own admission but when they figured out that the prosecutors literally abused their authority and violated Cosby’s civil rights they had to rightfully reverse his conviction. Sometimes criminals walk because of mistakes made by over zealous prosecutors. The system convicted an actual admitted criminal and then the criminals’ civil rights set him free; regardless of whether we like the outcomes of the case the system worked on both accounts. Cosby making claims of being innocent at this point in time is delusional thinking on his part.
So iowan2 what was your point in posting that statement?
Geeesh, start taking your meds. The Trump Org is a criminal enterprise.
Wally wrote, “Geeesh, start taking your meds.”
Gotta love it when people can’t refute what I write so their first reaction is to post an ad hominem like a trolling hack.
Wally wrote, “The Trump Org is a criminal enterprise.”
You stated that as fact which makes it pure defamation as in a libelous statement. It would be pretty funny to see you try to prove that one in a court of law.
The Trump Org is a criminal enterprise
Which is a grand accomplishment for an enterprise that has never been convicted of a crime. You maybe should employ a dictionary to mask your own ignorance.
Did Hunter Biden declare as income his seat on Airforce 2 to China as income? Inquiring mind wants to know?
I like the MLB analogy.
What is different here, MLB explained why they made the substance examinations required. The determined the advantage to pitchers vs batters was making the game boring. So instead of putting the onus on Umps the to intuit if a particular pitcher was abusing the rules, they decided to check every pitcher after every inning.
This abuse by prosecuters started with the goal of smearing the Presidents reputation. There is no fig leaf of enforcing the rule of law. Til now, the rule of law consisted of civil prosecutions and a claw back of unpaid taxes. But that lacks the media attention required to send the message. It also is weak sauce to smear and strike fear.
Two fold motivation. One. Leftists are scared to death of President Trump. He has publicized a blue print of how to drain the swamp. He is a direct threat to the DC skim machine. To the tune of $billions of taxpayer money siphoned into the pocket of the DC club. This is truly the only non partisan game in town. Enjoyed by all without consideration of politics.
Two. A huge warning to any person not of the swamp, against running for President. President Trump is way down the list of wealthy people that have the money, and name recognition to attain the White House. President Trump will be under attack until he dies, and his family is in the cross hairs.
Beware all that think the can bypass the gate keepers.
Pooh, pooh the indictment all you want, but:
A) Unlike Trump and Fox News, Turley does not believe that this prosecution is a persecution, that is, a witch-hunt; for
B) Turley stated that Weisselberg is being charged for “what are violations that are real crimes if proven;” and
C) Turley did not comment on the likelihood of whether this indictment is just the opening salvo of an ongoing investigation; nor
D) Did Turley rule out the prospect that the Feds could indict Weisselberg as well on federal tax evasion counts.
Pooh, pooh to you jeffsilbermancom. You mind only thinks one way. You are a sick man!!
I simply pointed out the salient points of what Turley said and didn’t say. If you got a complaint, take it up with him. I warned you guys that Turley wouldn’t parrot the Trumpist/Fox News talking points.
If you got a complaint, take it up with him.
Bwahahahahaha! Hypocrite.
Jeff you have got Turley this time.
You are 100% accurate and Turley, unlike you. Wrote a column, stuck to the facts, and refused to engage in wild foaming at the mouth speculation.
“Putting aside the common inflation…”
Prosecutors always make huge claims; most thinking people are aware of this and discount the prosecutor’s words.
Look at the claims of “insurrection” for 1/6.
And the claims are always made at a press conference with the prosecutors preening for the cameras.
Turley’s description is apt.
Just think about the prey.
Is this justice?
Or even the justice that we deserve?
It’s not about politics.
How embarrassingly trivial compared with the Biden crime syndicate.
On Feb. 24, 2016, Cooper, Hunter, and Joe Biden reportedly flew on Air Force 2 from Joint Base Andrews to Mexico City, where then-Vice President Biden engaged in trade talks with Mexico’s then-President Enrique Pena Nieto. During the flight, Hunter reportedly wrote a demanding email to Alemán Magnani.
“We are arriving late tonight on Air Force 2 to Mx City,” according to surfaced emails. “I’m attending meeting w/ President N [Peña Nieto] and dad. Would love to see you but you never respond. I am really upset by it . . . I want you at the plane when the VP lands with your Mom and Dad and you completely ignore me.”
“I’ve looked at what your family has done and want to follow in that tradition . . . We have been talking about business deals for 7 years. And I really appreciate you letting me stay at your resort villa . . . but I have brought every single person you have ever asked me to bring to the F’ing White House and the Vice President’s house and the inauguration and then you go completely silent . . . You make me feel like I’ve done something to offend you,” Hunter allegedly wrote, referring to three tickets to the Obama-Biden inauguration ball in 2013 and meetings with his vice president dad.
https://www.theblaze.com/news/hunter-laptop-joe-biden-mexican-business?utm_source=theblaze-dailyAM&utm_medium=email&utm_campaign=Daily-Newsletter__AM%202021-07-02&utm_term=ACTIVE%20LIST%20-%20TheBlaze%20Daily%20AM
If the defendant was anyone else would this action be instead initiated by the taxing authority’s civil division first and only handed over for criminal prosecution if the defendant absconded?
This is how scared they are of Trump. Karma is coming, and it is going to be glorious.
Any question whatsoever that Cryrus Vance is as Putz?
I hate to use such language but this Indictment proves how utterly devoid of decency the Democrats have become….my dear old Grandmother would be spitting her snuff over this….something she reserved for the mention of anyone or anything Republican.
Grandma did not care for Republicans….but she really… really did not tolerate Fools or Crooks and that is certainly what Cyrus Vance et al are. If Vance is a Man of Principle as he boasts to the Cameras….I reckon Bezos, Zuckerberg, DeBlazio, Sharpton, and tens of thousands of card carrying Liberal Democrats are going to be paraded before the Cameras and booked for exactly the same crimes.
Good thing I don’t live in NYC…..as one time I used my personal vehicle to drive to Mickey D’s for a quick burger and did not deduct that half mile from the Trip Log for that day…..which in Democrat NYC seems to be a major crime worthy of two years of Investigations.
One thing the good Professor skipped over….Trump fighting Vance in Court was his Right under the Law…..corrupt as that Law is in New York.
MUCH ADO ABOUT LITTLE