Legal Affairs

Prosecutors Are Lining Up Witnesses to Explain Donald Trump’s Many Alleged Crimes to a Jury

Countless people may relish the opportunity to tell a jury all the ways Trump (allegedly) broke the law. 
Former U.S. President Donald Trump speaks during the Conservative Political Action Conference  in Orlando Florida U.S....
By Elijah Nouvelage/Bloomberg via Getty Images.

As you’ve probably heard by now, Donald Trump is in a lot of legal trouble, which is unfortunate for him given the fact that legitimate lawyers want nothing to do with him and if it weren’t for the fact that the Republican Party had already decided to let him get away with inciting a violent insurrection, he almost certainly would have been found guilty at his second impeachment trial. (In fact, one of the attorneys on his dream team suggested the Department of Justice should arrest him if they thought he committed a crime.) Currently, the ex-president is the defendant in approximately 29 lawsuits, according to The Washington Post, though likely more worrisome to him are the criminal investigations he’s at the center of, particularly the one being led by Manhattan District Attorney Cyrus Vance Jr. In the last several months, the D.A. has brought on the attorney who put John Gotti and other white-collar criminals behind bars, has reportedly been working to flip the Trump Organizations longtime CFO, and, most crucially, obtained Trump’s much sought-after tax returns, documents that the Queens-born real estate developer has gone to such extreme lengths to keep secret that some people have gotten the impression they contain extremely incriminating information. Now, Vance’s office has taken the next step in its criminal investigation: finding people who can explain to a jury why Trump is a possible crook.

Reuters reports that investigators are “combing through millions of pages of newly acquired records with an eye toward identifying witnesses who can bring the documents to life for a jury,” according to people familiar with the matter. Some of the individuals expected to testify are already well known and likely include the 45th president’s former fixer, Michael Cohen, who has met with prosectors eight times. (In February 2019, Cohen told lawmakers that Trump regularly inflated and deflated his assets “when it served his purposes,” whether it was to reduce his tax bill or obtain loans. Last year, he said in an interview that Trump should go to prison for 360 years.) In addition, there’s Allen Weisselberg, the Trump Organization employee who has described himself as Trump‘s “eyes and ears” at the company and would seemingly know if his boss had committed fraud, whether of the bank, insurance, or tax variety. But according to reporters Jason Szep and Peter Eisler, “a growing universe of people, institutions, and agencies are being scrutinized” by Vance’s team. Per Reuters:

Prosecutors are looking to gather information and testimony from bankers, bookkeepers, real estate consultants, and others close to the Trump Organization who could provide insights on its dealings, according to interviews and court filings. The process of identifying all witnesses and targets could take months. “The next phase is identifying targets” for subpoenas and testimony, said one person familiar with the case…. Vance’s investigators need insiders who can provide the narrative behind any conflicting numbers on Trump’s financial records and testify to Trump’s knowledge and intent, said former prosecutors of white-collar fraud cases. “Even in the most heavily document-dependent case, you need witnesses to tell the story,” said Reed Brodsky, a longtime white-collar defense lawyer and former federal prosecutor.

Several potential key figures in Vance’s investigation are current or former employees of outside companies—from financial and real estate consultants to legal advisers—with inside knowledge of Trump’s dealings, according to court filings and the two people familiar with the investigation. Some performed crucial roles for many years, such as Mazars accountant Donald Bender. His signature is on the tax returns of the Donald J. Trump Foundation, which was dissolved in 2018 after a probe by the New York attorney general found that the organization misused charitable funds. Trump was ordered to pay more than $2 million in damages.

In addition to real estate brokerage Cushman & Wakefield, which did years of work for the Trump Organization and appraised a property Trump used to obtain a tax easement—a tool ProPublica described as “a much-abused deduction exploited by wealthy investors” that has cost the U.S. Treasury billions of dollars—Vance has spoken to and requested records from Ladder Capital Corp. and Deutsche Bank AG, two of the former president’s biggest creditors. (Trump currently owes Deutsche Bank some $340 million and there is no love lost between him and the German lender, which could foreclose on the properties he used to personally guarantee his loans.) But according to Reuters, Vance’s investigation will “likely rely heavily on Trump’s closest associates—people who can address the key question of what Trump was thinking when he made the financial claims now under scrutiny.”

Only a core group of Trump’s confidantes can address that state-of-mind question, which is critical to proving criminal intent. They include Weisselberg, 73, who began working for Trump’s father, Fred, in 1973. Legal experts and a source familiar with the investigation say prosecutors’ apparent goal is to convince Weisselberg to cooperate. Also under scrutiny are Weisselberg’s adult sons - one who has worked for the Trump Organization. The other son worked for Ladder Capital, though there’s no evidence he was involved in Ladder’s loans to Trump.

Jennifer Weisselberg—the former wife of Allen’s older son, Barry Weisselberg—told Reuters that she has spoken with Vance’s office five times since November. The day after the first interview, she said, D.A. investigators visited her to retrieve tax and financial records for her and her former husband. She acknowledged that prosecutors have shown interest in an apartment in a Trump-owned building where she and her former husband lived rent-free for seven years—an arrangement that could have legal implications if it represented compensation not properly reported in tax filings…. Jennifer Weisselberg said she believed her father-in-law would never testify against Trump voluntarily. She envisions Allen Weisselberg flipping only if he or his sons are facing prosecution. But no one, she said, knows more about Trump’s finances.

As for Cohen, whose credibility will surely be challenged by whatever lawyers Trump manages to scrounge up, said that “unfortunately for Trump, I have backed up each and every question posed by the district attorney’s office [with] documentary evidence.” If Vance’s team can corroborate Cohen’s testimony, Brodsky told Reuters, that would be “very powerful before a jury.” The government, he said, “loves people who plead guilty to crimes, take the stand and say,…‘I participated in a crime with that person sitting right there at the defense table, Donald J. Trump.’”

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