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Trump executive Allen Weisselberg gets 5-month jail sentence

NEW YORK (AP) 鈥 Allen Weisselberg, a longtime executive for Donald Trump 鈥檚 business empire, was taken into custody Tuesday to begin serving a five-month jail term for dodging taxes on $1.
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Attorney Nicholas Gravante, representing the Trump Organization's former Chief Financial Officer Allen Weisselberg, leaves after making a statement outside court, Tuesday, Jan. 10, 2023, in New York. Weisselberg, the longtime Donald Trump lieutenant who became a star prosecution witness and helped convict the former president's company of tax fraud is set to be sentenced for dodging taxes on $1.7 million in company-paid perks. (AP Photo/John Minchillo)

NEW YORK (AP) 鈥 Allen Weisselberg, a longtime executive for 鈥檚 business empire, was taken into custody Tuesday to begin serving a five-month jail term for dodging taxes on $1.7 million in job perks 鈥 a punishment the judge who sentenced him said was probably too lenient for a case 鈥渄riven entirely by greed.鈥

Weisselberg, 75, was promised the short sentence in August when he agreed to plead guilty to 15 tax crimes and to be a witness against the Trump Organization, where he worked since the mid-1980s. His testimony helped convict the former president鈥檚 company, where he had served as chief financial officer, of tax fraud.

But when he made the sentence official Tuesday, Judge Juan Manuel Merchan said that after listening to Weisselberg's trial testimony, he regretted that the penalty wasn't tougher. He said he was especially appalled by testimony that Weisselberg gave his wife a $6,000 check for a no-show job so that she could qualify for Social Security benefits.

Had he not already promised to give Weisselberg five months, Merchan said, 鈥淚 would be imposing a sentence much greater than that.鈥

鈥淚鈥檓 not going to deviate from the promise, though I believe a stiffer sentence is warranted, having heard the evidence,鈥 he added.

Weisselberg, who came to court dressed for jail rather than in his usual suit, was handcuffed and taken away by court officers moments after the sentence was announced. He was taken to New York City鈥檚 notorious Rikers Island complex, where he was expected to be housed in an infirmary unit. He will be eligible for release after little more than three months if he behaves behind bars.

Weisselberg's sentencing also marked the end of his career at the Trump Organization, where he had been on leave since the fall, continuing to make $1.14 million in salary and bonuses, even as he was testifying against the company. His lawyer, Nicholas Gravante, said that as of Tuesday, the executive and the company 鈥渉ave amicably parted ways.鈥

As part of the , Weisselberg was required to pay nearly $2 million in back taxes, penalties and interest, which prosecutors said he has done. Prosecutors recommended a six-month jail sentence, but Merchan said he settled on five months, in part because of mitigating factors, such as Weisselberg鈥檚 military service and stint as a public school teacher. In addition, Merchan ordered Weisselberg to complete five years of probation after his leaves jail.

Gravante had asked the judge for an even lighter sentence than the one in the plea bargain, citing Weisselberg鈥檚 age and 鈥渇ar from perfect health."

鈥淗e has already been punished tremendously by the disgrace that he has brought not only on himself, but his wife, his sons and his grandchildren," Gravante said.

Weisselberg faced the prospect of up to 15 years in prison 鈥 the maximum punishment for the top grand larceny charge 鈥 if he were to have reneged on his deal or if he didn鈥檛 testify truthfully at the Trump Organization鈥檚 trial. Weisselberg is the only person charged in the Manhattan district attorney鈥檚 .

Weisselberg testified for three days, . Weisselberg has worked for Trump鈥檚 family for nearly 50 years, starting as an accountant for his developer father, Fred Trump, in 1973. He joined Donald Trump in 1986 and helped expand the company into a global golf and hotel brand.

Weisselberg told jurors he betrayed the Trump family鈥檚 trust by conspiring with a subordinate to hide more than a decade鈥檚 worth of extras from his income, including a free Manhattan apartment, luxury cars and his grandchildren鈥檚 private school tuition. He said they fudged payroll records and issued falsified W-2 forms.

A Manhattan jury , finding that Weisselberg had been a 鈥渉igh managerial鈥 agent entrusted to act on behalf of the company and its various entities. Weisselberg鈥檚 arrangement reduced his own personal income taxes but also saved the company money because it didn鈥檛 have to pay him more to cover the cost of the perks.

Prosecutors said other Trump Organization executives also accepted off-the-books compensation. Weisselberg alone was accused of defrauding the federal government, state and city out of more than $900,000 in unpaid taxes and undeserved tax refunds.

The Trump Organization is scheduled to be sentenced on Friday and faces a fine of up to $1.6 million.

Weisselberg testified that neither Trump nor his family knew about the scheme as it was happening, choking up as he told jurors: 鈥淚t was my own personal greed that led to this."

But prosecutors, in their closing argument, said Trump 鈥渒new exactly what was going on鈥 and that evidence, such as a lease he signed for Weisselberg鈥檚 apartment, made clear that Trump was "explicitly sanctioning tax fraud.鈥

Trump Organization lawyers have said Weisselberg concocted the scheme without Trump or the Trump family鈥檚 knowledge.

Weisselberg said the Trumps remained loyal to him even as the company scrambled to end some of its dubious pay practices following Trump鈥檚 2016 election. He said Trump鈥檚 eldest sons, entrusted to run the company while Trump was president, gave him a $200,000 raise after an internal audit found he had been reducing his salary and bonuses by the cost of the perks.

The company punished him only nominally after his arrest in July 2021, reassigning him to senior adviser and moving his office. He even celebrated his 75th birthday at Trump Tower with cake and colleagues in August, just hours after finalizing the plea agreement that ushered his transformation from loyal executive to prosecution witness and, now, jail inmate.

Rikers Island, a compound of 10 jails on a spit of land in the East River, just off the main runway at LaGuardia Airport in Queens, has been plagued in recent years by violence, inmate deaths and staggering staffing shortages.

Though just 5 miles (8 kilometers) from Trump Tower, it鈥檚 a veritable world away from the life of luxury Weisselberg schemed to build 鈥 a far cry from the gilded Fifth Avenue offices where he hatched his plot and the Hudson River-view apartment he reaped as a reward.

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Michael R. Sisak, The Associated Press