Former top Trump financial lieutenant Allen Weisselberg sentenced to 5 months in jail

NEW YORK – The former top Trump family financial lieutenant whose testimony helped prosecutors win criminal tax fraud convictions of two Trump companies was sentenced to five months in jail Tuesday in a New York courtroom under a plea agreement with prosecutors that the sentencing judge called too lenient. 

Minutes after the sentence was announced, Allen Weisselberg was handcuffed and taken into custody. The deal spared Weisselberg from the maximum 15-year prison term he would have faced absent his plea deal – and if he had joined the Trump firms in pursuing a defense at trial that a Manhattan jury rejected in December.

Acting Manhattan Supreme Court Justice Juan Merchan said that after listening to Weisselberg's trial testimony, he regretted agreeing to a five-month jail term, and if not for that agreement, he "would be imposing a sentence much greater than that." Merchan said he was especially appalled by Weisselberg's testimony that he gave his wife a $6,000 check for a no-show job so that she could qualify for Social Security benefits.

“I’m not going to deviate from the promise, though I believe a stiffer sentence is warranted, having heard the evidence,” Merchan said.

The Trump Corp. and the Trump Payroll Corp. collectively were found guilty of 17 criminal charges and face as much as $1.6 million in criminal penalties during a sentencing hearing scheduled for Friday. The firms are divisions that operate under the corporate umbrella of the Trump Organization.

Former President Donald Trump was not charged in the case and did not appear in the lower Manhattan state court during the trial. However, his third White House campaign has been shadowed by Weisselberg's guilty plea and testimony and by the convictions.

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Weisselberg defense attorney Nicholas Gravante said last week that his client would not file anything in writing before sentencing to supplement the plea agreement. Gravante, who had asked the judge for a lighter sentence than the one in the plea, said in an emailed statement Tuesday that it was a difficult day for Weisselberg but that he had been preparing for it since entering his plea in August.

"Mr. Weisselberg came to court today ready to begin his sentence, and he is grateful that it has now begun," Gravante said. "He deeply regrets the lapse in judgment that resulted in his conviction" because it harmed his family, the Trump Organization and the Trump family.

Gravante noted that Weisselberg is grateful to the Trumps for their continued support throughout this difficult chapter of his life.

The disgraced executive has repaid roughly $2 million in criminal penalties he faced under his agreement with prosecutors as of Jan. 3. Weisselberg will also have to complete five years of probation after his jail term is served, Merchan ordered Tuesday.

“In Manhattan, you have to play by the rules no matter who you are or who you work for," said Manhattan District Attorney Alvin L. Bragg, Jr., in a statement Tuesday. "Trump Organization Chief Financial Officer Allen Weisselberg used his high-level position to secure lavish work perks such as a rent-free luxury Manhattan apartment, multiple Mercedes Benz automobiles and private school tuition for his grandchildren – all without paying required taxes."

The case against Weisselberg and the Trump companies focused on a 15-year scheme in which the former president's businesses handed thousands of dollars in off-the-books perks, such as company-paid apartments and luxury cars, to the disgraced former financial chief and other top executives.

Weisselberg and other executives repeatedly failed to report the largesse as income on their tax returns. Trial evidence showed the scheme kept top executives happy while it also enabled the Trump companies to avoid paying higher salaries while paying a lower employer portion of Medicaid taxes.

Taking the witness stand after nearly a half-century of work for the Trump family, Weisselberg testified that he knowingly received $1.7 million of the tax-free benefits during the scheme without telling his tax preparer.

Along with a company-paid Manhattan apartment and luxury cars for him and his wife, Weisselberg received personal payments from Trump for his grandchildren's tuition at a Manhattan preparatory school. He paid no taxes on the benefits, he told jurors.

Fighting back tears as he was cross-examined by Alan Futerfas, a lawyer for one of the Trump firms, Weisselberg agreed he had betrayed the trust of Trump, the former president's family and the Trump businesses.

"Mr. Weisselberg, did you honor the trust that was placed in you?" asked Futerfas.

Weisselberg conceded he did not.

"And you did it for your own personal gain?" asked the defense lawyer.

"I did," said Weisselberg.

"Are you embarrassed by what you did?" asked Futerfas.

"More than you can imagine," said Weisselberg.

Weisselberg lost his role as chief financial officer of Trump's business operations after his guilty plea last year. However, he was still paid his salary as a Trump consultant who worked from home.

Weisselberg also testified that he was in line for a Trump company bonus that was scheduled to be paid in January 2023. It was unclear whether he would still receive that bonus.

Weisselberg, 75, is expected to serve his sentence at New York City's Rikers Island jail complex. With good behavior, he is expected to be eligible for release after about three months.

Contributing: Associated Press