The Manhattan District Attorney’s Office and the New York Attorney General’s Office together have obtained indictments against the Trump Organization and its CFO Allen Weisselberg, two people familiar with the matter tell NBC News.
The charges are expected to be unsealed in court tomorrow in Manhattan. One Trump representative told NBC News earlier today that the charges will be unsealed around 2 p.m. Thursday.
As NBC News reported last week the charges center around a scheme to pay compensation to Weisselberg and possibly others ‘off the books’ by the Trump Organization.
Manhattan District Attorney Cy Vance’s investigation of Weisselberg, 73, stemmed in part from questions about his son’s use of a Trump apartment at little or no cost, cars leased for the family and tuition payments made to a school attended by Weisselberg’s grandchildren.
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Weisselberg’s attorney, Mary Mulligan, has declined to comment. His wife also declined comment outside the couple's Manhattan home early Wednesday.
The charges against Weisselberg and the Trump Organization would be first criminal cases to arise from the two-year probe led by Manhattan District Attorney Cyrus Vance Jr., a Democrat who leaves office at the end of the year.
Prosecutors have been scrutinizing Trump’s tax records, subpoenaing documents and interviewing witnesses, including Trump insiders and company executives.
A grand jury was recently empaneled to weigh evidence and New York Attorney General Letitia James said she was assigning two of her lawyers to work with Vance on the criminal probe while she continues a civil investigation of Trump.
Messages seeking comment were left with a spokesperson and lawyers for the Trump Organization.
Trump’s spokesperson did not immediately response to a request for comment, but Jason Miller, a longtime former senior adviser to the Republican, spun the looming charges as “politically terrible for the Democrats.”
“They told their crazies and their supplicants in the mainstream media this was about President Trump. Instead, their Witch Hunt is persecuting an innocent 80 year-old man for maybe taking free parking!” Miller tweeted, apparently referring to Weisselberg, who is 73.
Trump had blasted the investigation in a statement Monday, deriding Vance’s office as “rude, nasty, and totally biased” in their treatment of Trump company lawyers, representatives, and long-term employees.
Trump, in the statement, said the company’s actions were “things that are standard practice throughout the U.S. business community, and in no way a crime” and that Vance’s probe was an investigation was “in search of a crime.”
Trump, who’s been critical of President Joe Biden’s immigration policies, was scheduled to travel Thursday to Texas to visit the U.S.-Mexico border.
Trump Organization lawyers met virtually with Manhattan prosecutors last week in a last-ditch attempt to dissuade them from charging the company. Prosecutors gave the lawyers a Monday deadline to make the case that criminal charges shouldn’t be filed.
Ron Fischetti, a lawyer for the Trump Organization, told the AP this week that there was no indication Trump himself was included in the first batch of charges.
“There is no indictment coming down this week against the former president,” Fischetti said. “I can’t say he’s out of the woods yet completely.”
Weisselberg, a loyal lieutenant to Trump and his real estate-developer father, Fred, came under scrutiny, in part, because of questions about his son’s use of a Trump apartment at little or no cost.
Barry Weisselberg managed a Trump-operated ice rink in Central Park.
Barry’s ex-wife, Jen Weisselberg, has been cooperating with the investigation and turned over reams of tax records and other documents to investigators.
Allen Weisselberg has worked for the Trump Organization since 1973.
Prosecutors subpoenaed another long-time Trump finance executive, senior vice president and controller Jeffrey McConney, to testify in front of the grand jury in the spring. Under New York law, grand jury witnesses are granted immunity and can not be charged for conduct they testify about.
Prosecutors probing untaxed benefits to Trump executives have also been looking at Matthew Calamari, a former Trump bodyguard turned chief operating officer, and his son, the company’s corporate director of security. However, a lawyer for the Calamaris said Wednesday that he didn’t expect them to be charged.
“Although the D.A.’s investigation obviously is ongoing, I do not expect charges to be filed against either of my clients at this time,” said the lawyer, Nicholas Gravante.