The Mercury News

Experts say case is ‘strong’ against Trump’s CFO

- By Ken Sweet, Michael R. Sisak and Eric Tucker

NEW YORK >> Companies give perks to their employees all the time. Many top executives at Fortune 500 companies have access to a corporate jet for personal use, a company apartment, or an expense account for fancy meals. Even lowerlevel employees regularly get access to perks like tuition reimbursem­ent or cash to join a gym. But the extravagan­t perks prosecutor­s say the Trump Organizati­on lavished onto its CFO Allen Weisselber­g — apartments, cars, cash for holiday trips, tuition for his grandchild­ren to name a few — are well beyond the level of compensati­ng a valued employee, some tax law experts said.

And the case against Weisselber­g appears to be much stronger than was originally expected by those watching the progress of the Manhattan District Attorney’s investigat­ion of the Trump Organizati­on, its employees and its namesake leader.

“This is an overwhelmi­ngly strong case,” said Daniel Hemel, a law professor at the University of Chicago.

According to the indictment unsealed Thursday, Weisselber­g cheated tax authoritie­s by taking a hefty chunk of his annual compensati­on in fringe benefits. They say that over 15 years these off-the-books perks were worth nearly $1.8 million.

Weisselber­g alone was accused of defrauding the federal government, state and city out of more than $900,000 in unpaid taxes and undeserved refunds. He is pleading not guilty.

Meanwhile, former President Donald Trump and his allies have tried to frame the indictment against Weisselber­g and the Trump Organizati­on as a “witch hunt” by Manhattan District Attorney Cyrus Vance Jr. and New York Attorney General Letitia James, both Democrats. They have said the perks involved were standard for successful American companies. “The dollar figures and the charges are more serious than what we had thought over the last few days with the little informatio­n we had,” said Daniel R. Alonso, a former chief assistant district attorney in the Manhattan District Attorney’s Office. “In particular, the tax loss alleged is $900,000. That is a fraud amount that is definitely in the jail range for typical cases of that magnitude.”

Melissa Jampol, who as a former assistant district attorney in Manhattan specialize­d in prosecutin­g white-collar crimes, said the indictment’s allegation­s stretched far beyond the allegation­s of fringe benefit abuse. Thomas M. Cryan, Jr., a Washington tax lawyer, said prosecutio­ns over fringe benefits issued to employees are rare, but an unusually large volume of perks and an intent to conceal them as income could tip a civil matter into a criminal case.

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