At Trump Org. fraud trial, defence rests and deflects blame
Donald Bender, left, a former accountant for Donald Trump, arrives at Manhattan criminal court, Nov. 21, 2022, in New York. (AP Photo/Michael Sisak)
NEW YORK -
The defence rested Monday at the Trump Organization's criminal tax fraud trial after a contentious day in court, putting the case involving former U.S. president Donald Trump's real estate empire on track for deliberations next week.
Trump Organization lawyers contend that Manhattan prosecutors are seeking to punish the company for longtime finance chief Allen Weisselberg's scheme to avoid personal income taxes on company-paid perks such as an apartment and luxury cars.
The defence insists that neither Trump nor the Trump family knew about Weisselberg's 15-year scheme as it was happening and that the company didn't benefit from his actions. Echoing Trump's recent social media posts, the company's lawyers suggested that its longtime accountant, Donald Bender, shared some blame for not catching the fraud.
The defence rested after calling just two witnesses: Bender, whom company lawyers sought to discredit and treat as a hostile witness, and a paralegal who appeared briefly to verify tax information referenced in a 2013 email that Weisselberg sent to Bender.
Closing arguments are scheduled for Thursday and Friday, with jurors expected to begin deliberating on Monday, Judge Juan Manuel Merchan said. Prosecutors said they might spend four or five hours summarizing the complex, numbers-rich case for jurors. Defence lawyers said they'll likely need about three or four hours.
The lawyers and judge will meet Tuesday to finalize how Merchan will instruct jurors in the law -- a critical step because a conviction or acquittal could hinge on how the jury understands the legal ramifications for a company when its executive commits a crime.
Merchan declined to rule on a defence motion to dismiss the charges and, given that he plans to proceed to closing arguments, it doesn't appear he's inclined to do so.
Trump Organization lawyers framed their defence case around Bender, calling him to the witness stand for three days that culminated Monday with them questioning the quality of his work and the reliability of his testimony.
Defence lawyer Susan Necheles started in on Bender, a partner at Mazars USA LLP who spent years overseeing tax returns for Trump's hundreds of entities, after she said he "surprised" her when he testified that he didn't actually do much work on the company's tax returns.
Bender indicated that he delegated some work to other firm employees.
"That answer surprised me because it's just not true," Necheles said during a court conference held after Bender and the jury left the courtroom for a lunch break.
Necheles sought permission to confront Bender with records showing he spent more time working on tax returns for the Trump Corporation, the company's main subsidiary, than he let on. But Necheles stopped short of saying she wanted to attack his credibility in front of the jurors.
"I don't want to impeach the witness. I don't want to call him a liar," Necheles said. "That's impeaching the witness."
Merchan, already annoyed with the defence because it filed a court motion late Sunday night seeking to introduce new evidence, was initially reluctant to grant Necheles' request. Later, though, he allowed her to ask Bender precisely how much time he spent working on the Trump Corporation's taxes. His answer: Whatever he did, it was mostly supervisory and administrative work.
"I believe I've bent over backward to allow both defendants to prepare a defence," the judge said, referring to the Trump Corporation and the other charged subsidiary, the Trump Payroll Corporation. As a gatekeeper, Merchan said, "I don't believe that means I have to let you throw everything at the jury and see what sticks."
Weisselberg has pleaded guilty to taking US$1.7 million in off-the-books compensation, and he testified against the Trump Organization earlier in the trial in exchange for a promised five-month jail sentence. He testified that he came up with the scheme on his own, without Trump or the Trump family knowing, but said the company benefited because it didn't have to pay him as much in salary.
Trump has blamed Bender for not catching the scheme, writing on his Truth Social platform: "The highly paid accounting firm should have routinely picked these things up -- we relied on them. VERY UNFAIR!"
Bender also prepared personal income tax returns for Trump and his wife, former first lady Melania Trump, his children and some company executives.
Mazars USA LLP has since dropped Trump as a client. In February, the firm said annual financial statements it prepared for him "should no longer be relied upon" after New York Attorney General Letitia James' office said the statements regularly misstated the value of assets.
James is suing Trump and his company over those allegations.
As Bender was finishing his testimony, Trump Organization lawyer William J. Brennan asked him if he felt he did a "good job" with his work for the Trump Organization.
"I did an amazing job," Bender said.
"An amazing job. Yet here we are," Brennan replied.
The snarky rejoinder irritated Merchan, who ordered it stricken from the official court record.
CTVNews.ca Top Stories
Tyre Nichols' brutal beating by police shown on video
Memphis authorities released video footage Friday showing Tyre Nichols being beaten by police officers who held the Black motorist down and repeatedly struck him with their fists, boots and batons as he screamed for his mother and pleaded, ''I'm just trying to go home.'
CRA head says it 'wouldn't be worth the effort' to review all ineligible pandemic payments
The head of the Canada Revenue Agency says it 'wouldn't be worth the effort' to fully review $15.5 billion in potentially ineligible pandemic wage benefit payments flagged by Canada's Auditor General.
Lifelong Toronto Maple Leafs fan fulfils dream of seeing first game, passes away next day
Mike Davy always dreamed of going to a Toronto Maple Leafs game, and once it finally happened, he passed away the night after.
'This is too much': B.C. mom records police handcuffing 12-year-old in hospital
A review has been launched after police officers were recorded restraining a handcuffed Indigenous child on the floor of a Vancouver hospital – an incident the Union of B.C. Indian Chiefs has denounced as "horrendous."
WHO decision on COVID-19 emergency won't affect Canada's response: Tam
The World Health Organization will announce Monday whether it thinks COVID-19 still represents a global health emergency but Canada's top doctor says regardless of what the international body decides, Canada's response to the coronavirus will not change.
Canadian university faculty getting older, more female compared to 50 years ago: StatCan
Canadian university professors are mostly older and increasingly more female compared to 50 years ago, a new report from Statistics Canada has found.
Canadian Hyundai vehicles unaffected by theft issue in the U.S., company says
Hyundai cars in Canada don't have the same anti-theft issue compared to those in the United States, a company spokesperson says, following reports that two American auto insurers are refusing to write policies for older models.
Grizzlies, other NBA teams speak out on Tyre Nichols' death
The outrage, frustration, sadness and anger was evident around the NBA on Friday, the day that video was released showing how Nichols, a 29-year-old father, was killed by five Memphis police officers. Several teams released statements of support for the family, as did the National Basketball Players Association.
Video shows struggle for hammer during Pelosi attack
Video released publicly Friday shows the husband of former U.S. House Speaker Nancy Pelosi struggling with his assailant for control of a hammer moments before he was struck in the head during a brutal attack in the couple's San Francisco home last year.
Canada
-
'This is too much': B.C. mom records police handcuffing 12-year-old in hospital
A review has been launched after police officers were recorded restraining a handcuffed Indigenous child on the floor of a Vancouver hospital – an incident the Union of B.C. Indian Chiefs has denounced as "horrendous."
-
RCMP warn of potential weekend highway delays near Coutts, Alta. during protest convoy
Freedom rally supporters are expected to congregate near the southern Alberta border town of Coutts on Saturday and RCMP officials say motorists in the area should expect to face highway delays.
-
Remembering the horrors of the Holocaust 78 years after liberation of Auschwitz-Birkenau
In an emotional and powerful speech at an International Holocaust Remembrance Day event in Ottawa, a survivor stressed the importance of remembering the millions of victims murdered by the Nazis during the Second World War and underscored the need to stand up against anti-semitism and hate.
-
‘Back to being civil’: Coutts residents continue to heal one year after border blockade
The quiet streets of Coutts are a stark contrast to one year ago, when more than 100 vehicles blocked the highway in opposition to COVID-19 measures
-
Number of people leaving B.C. for Alberta reaches 20-year high
The number of people moving from British Columbia to Alberta has reached a 20-year high, according to the latest data from Statistics Canada.
-
Canadian university faculty getting older, more female compared to 50 years ago: StatCan
Canadian university professors are mostly older and increasingly more female compared to 50 years ago, a new report from Statistics Canada has found.
World
-
Video shows struggle for hammer during Pelosi attack
Video released publicly Friday shows the husband of former U.S. House Speaker Nancy Pelosi struggling with his assailant for control of a hammer moments before he was struck in the head during a brutal attack in the couple's San Francisco home last year.
-
Palestinian gunman kills 7 near Jerusalem synagogue
A Palestinian gunman opened fire outside an east Jerusalem synagogue Friday night, killing seven people, including a 70-year-old woman, and wounding three others before he was shot and killed by police, officials said.
-
North Korea slams U.S. over decision to send tanks to Ukraine
North Korea condemned on Friday the decision by the United States to supply Ukraine with advanced battle tanks to help fight off Russia's invasion, saying Washington is escalating a sinister 'proxy war' aimed at destroying Moscow.
-
Tyre Nichols' brutal beating by police shown on video
Memphis authorities released video footage Friday showing Tyre Nichols being beaten by police officers who held the Black motorist down and repeatedly struck him with their fists, boots and batons as he screamed for his mother and pleaded, ''I'm just trying to go home.'
-
Man gets prison for attacking Capitol officer who later died
A New Jersey man who joined a mob's attack on the U.S. Capitol was sentenced Friday to more than six years in prison for using pepper spray to assault police officers, one of whom died a day after the siege.
-
Brazil police raid Bolsonaro nephew's home in uprising probe
Brazil's federal police searched the home of a nephew of former president Jair Bolsonaro on Friday in connection with the Jan. 8 storming of government buildings in the capital by far-right protesters.
Politics
-
CRA head says it 'wouldn't be worth the effort' to review all ineligible pandemic payments
The head of the Canada Revenue Agency says it 'wouldn't be worth the effort' to fully review $15.5 billion in potentially ineligible pandemic wage benefit payments flagged by Canada's Auditor General.
-
MPs prepare for return to Parliament as Ottawa marks one-year anniversary of 'Freedom Convoy'
Members of Parliament are making their way back to Ottawa ahead of resuming sitting on Monday, as the city prepares to mark the one-year anniversary of the arrival of 'Freedom Convoy' protesters.
-
What is going on with Bill C-11, the government's online streaming legislation?
The Liberals have spent years trying to pass online streaming legislation and now the current iteration, known as Bill C-11, is closer than ever to passing. With a potential parliamentary showdown ahead, here's what you need to know about how the contentious Broadcasting Act bill got to this stage.
Health
-
Canadians worried about the state of provincial health systems: poll
A new survey suggests the vast majority of Canadians have concerns about the state of the health-care system, particularly in Atlantic provinces where hospitals have struggled to maintain emergency services for months. Leger and The Association for Canadian Studies surveyed 1,554 Canadian adults over a two-day period in January.
-
Canadian study suggests we may be underestimating children’s memory capabilities
New research from York University suggests that we may be underestimating what kids are capable of when it comes to their memories.
-
Afghan malnutrition rates at record high, UN food agency reports
Malnutrition rates in Afghanistan are at record highs with half the country enduring severe hunger throughout the year, a spokesman for the World Food Program said Thursday.
Sci-Tech
-
Bear on Mars? NASA satellite snaps a strange formation
What looks like a giant teddy bear’s face peering into space from the surface of Mars is actually a satellite image of some craters and a circular fracture, scientists say.
-
Nvidia CEO says AI will need regulation, social norms
Nvidia Corp Chief Executive Officer Jensen Huang on Tuesday said that the burgeoning field of artificial intelligence will create powerful tools that require legal regulation and social norms that have yet to be worked out.
-
Ice Age relic found by Alberta woman out walking her dogs
A chance discovery by an Edmonton area woman who was walking her dogs has turned out to be a massive fossilized bone that likely belonged to an Ice Age mammoth.
Entertainment
-
'It Ends With Us' movie casts Blake Lively and Justin Baldoni
BookTok is all abuzz with the news that Blake Lively and Justin Baldoni will be starring in a movie based on the bestselling romance novel, "It Ends With Us."
-
Pamela Anderson defends Tim Allen after flashing allegation
Pamela Anderson is addressing discussion about a story regarding her 'Home Improvement' co-star Tim Allen that is part of her new memoir, 'Love Pamela.'
-
Jay Leno breaks bones in motorcycle wreck months after fire
Two months after undergoing surgery for serious burns, Jay Leno is now contending with a number of broken bones after being knocked off a motorcycle.
Business
-
U.S. senators call for trade crackdown on Canada over dairy quotas, digital policies
A pair of senior U.S. senators is urging the Biden administration to get tough with Canada for "flouting" obligations to its North American trade partners.
-
Zellers rolling out food trucks for Canadians 'craving a taste of nostalgia'
Though you won't be able to sit on the old, cracked pleather benches and take in the thick smell of gravy and fries, while the gentle sound of clanging dishes provides the soundtrack for your lunch, Zellers plans to roll out food trucks for those 'craving a taste of nostalgia.'
-
Shopify CTO Allan Leinwand steps down for 'personal reason,' Lutke to take over R&D
Shopify Inc. says chief technology officer Allan Leinwand will be departing the company with chief executive Tobi Lutke to take on some of his responsibilities.
Lifestyle
-
Lifelong Toronto Maple Leafs fan fulfils dream of seeing first game, passes away next day
Mike Davy always dreamed of going to a Toronto Maple Leafs game, and once it finally happened, he passed away the night after.
-
Wildcat known for grumpy expression detected for the first time on Mount Everest
One of the planet’s most unique wildcats has been detected for the first time on the tallest mountain on Earth — Mount Everest.
-
How to wash your winter coats like a laundry expert
TikTok laundry expert Melissa Pateras shows how to wash winter coats in the washing machine.
Sports
-
New Vancouver tax intended to chip away at FIFA World Cup costs
The price of hosting the FIFA World Cup is rising in Vancouver, and the province is using a new tool to help cover the costs.
-
Grizzlies, other NBA teams speak out on Tyre Nichols' death
The outrage, frustration, sadness and anger was evident around the NBA on Friday, the day that video was released showing how Nichols, a 29-year-old father, was killed by five Memphis police officers. Several teams released statements of support for the family, as did the National Basketball Players Association.
-
Veteran Canadian goalkeeper Erin McLeod announces retirement from international game
Veteran goalkeeper Erin McLeod, who survived a string of injuries to win 119 caps for Canada over a distinguished senior career that spanned more than two decades, has announced her retirement from international soccer. McLeod, who turns 40 on Feb. 26, plans to continue playing club football for at least one season.
Autos
-
Canadian Hyundai vehicles unaffected by theft issue in the U.S., company says
Hyundai cars in Canada don't have the same anti-theft issue compared to those in the United States, a company spokesperson says, following reports that two American auto insurers are refusing to write policies for older models.
-
Some U.S. auto insurers are refusing to cover some Hyundai and Kia models
Progressive and State Farm, two of America's largest auto insurers, are refusing to write policies in certain cities for some older Hyundai and Kia models that have been deemed too easy to steal, according to one of the insurance companies and media reports.
-
See how Amsterdam built a massive underwater bike-parking facility
Amsterdam has shared a time-lapse video of the construction of its brand-new underwater bike-parking facility.
