On October 21, 2022, the New York Appellate Division upheld the conviction of former President Donald Trump's company, the Trump Organization, and its former chief financial officer, Allen Weisselberg, in connection with a hush money scheme to conceal payments made to Stormy Daniels, an adult film actress who alleged an affair with Trump.
In 2016, during the run up to the presidential election, Trump's then-personal attorney, Michael Cohen, arranged for a payment of $130,000 to Daniels to prevent her from speaking publicly about her alleged relationship with Trump.
To conceal the payment, Cohen and Weisselberg created a sham contract between Daniels and a shell company owned by the Trump Organization. Weisselberg then reimbursed Cohen for the payment, falsely recording it as a legal expense on the company's books.
In 2021, a New York state jury found the Trump Organization and Weisselberg guilty of various offenses, including tax fraud, falsifying business records, and conspiracy.
However, the jury was not asked to determine whether Trump himself had any knowledge of or involvement in the scheme.
On appeal, the New York Appellate Division upheld the convictions, rejecting arguments that the prosecution had failed to prove intent or that the defendants' actions were protected by the First Amendment.
The court concluded that there was "overwhelming evidence" that Weisselberg had "knowingly and willfully engaged in a scheme to defraud the taxing authorities" and had "acted with the intent to conceal" the payment to Daniels.
Despite upholding the convictions, the appellate court declined to impose any penalties on the Trump Organization or Weisselberg.
The court reasoned that the defendants had already served their sentences of probation and that imposing additional penalties would be "unduly harsh" given their ages and lack of prior criminal records.
The decision has drawn mixed reactions.
Former prosecutor Elliot Williams, who led the investigation into the hush money scheme, expressed disappointment that no penalties were imposed, saying that "the law should be applied equally to everyone, regardless of wealth or power."
However, Trump's lawyer, Ronald Fischetti, defended the decision, saying that it was "a fair outcome" and that the convictions were "based on nothing more than financial accounting entries."
The decision has raised questions about the accountability of wealthy individuals and corporations who engage in criminal conduct.
Some legal experts argue that the decision sends a message that the wealthy and powerful can escape consequences for their actions, while others contend that it was the appropriate outcome given the circumstances of the case.
The upholding of the Trump Organization and Weisselberg's convictions without imposing penalties is a complex and controversial decision that has far-reaching implications.
It raises important questions about the rule of law, the accountability of the wealthy and powerful, and the appropriate role of the criminal justice system in addressing financial crimes.
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