I do remember hearing about this at the time but had not seen the footnote in Judge Engoron’s fraud against Trump judgement. As you read this, note the irony between Trump, who has repeatedly railed against gag orders in which he is not allowed to attack, say, judges, court workers, wives of judges, etc but insisted, until this was changed in court, that people that worked for him sign a non-disclosure agreement. Free speech for me but not for three.
What was this about Denson? The Trump campaign had all campaign workers and volunteers sign non-disclosure agreements as a condition of their work. Denson said in 2020 that
the Trump campaign tried to silence her after she went public with allegations that she was the target of abusive treatment and sexual discrimination by another member of the campaign.
Denson’s lawyers in court filings said the NDAs that she and others had signed were too broad under the law.
The attorneys cited language that prevents the disclosure of information “that Mr. Trump insists remain private” and which blocks anything that could be “demean[ing] or disparag[ing] publicly” about him.
Denson fought against this and won and the settlement voided worker non-disclosure pacts
What does this have to do with Allen Weisselberg? He signed a hefty non-disclosure agreement with Trump in exchange for a lot of money and this may have influenced his truthfulness on the witness stand in the Trump fraud trial.
Bragg’s office secured that conviction on tax fraud charges for reaping luxurious off-the-books benefits while Weisselberg was head of the Trump Org’s coffers in a separate case in August 2022, leading to his 99-day term on Rikers Island. Weisselberg’s plea deal required him to testify about colluding with the Trump Org at the company’s tax fraud trial, leading to its jury conviction in December 2022 and a $1.6 million fine.
The News reported last year that the CFO was pressured after his guilty plea to admit to more criminal wrongdoing as the DA’s office continued to investigate Trump and that during those negotiations, the Trump Org abruptly made him switch out his legal defense, fearing his attorney, Nick Gravante, was putting his interests over the ex-president’s.
In his testimony at the AG trial, Weisselberg said the company gave him a $2 million severance package on his way into Rikers, to be doled out in installments. The agreement required that he not cooperate with authorities unless forced to.
BUT if non-disclosure agreements are not enforceable, then Weisselberg may not be able to opt out testifying in new fraud trial based on the agreement he signed.
On January 9, 2023, Weisselberg entered into a “Separation Agreement and General Release”
with the Trump Organization wherein the Trump Organization promised him a total of $2
million dollars in installment payments as long as he performed his obligations under the
agreement. Section 3(d) of the separation agreement provided that:
[E]xcept for acts or testimony directly compelled by subpoena or
other lawful process issued by a court of competent jurisdiction, he
will not: (1) communicate with, provide information to, or otherwise
cooperate in any way with any other person or entity, including his
counsel or other agents, having or claiming to have any adverse
claims against the Company or any person or entity released by this
Agreement, with regard to the adverse claim; or (2) take any action
to induce encourage, instigate, aid, abet or otherwise cause any other
person or entity to bring or file a complaint, charge, lawsuit or other
proceeding of any kind against the Company or any person or entity
released by this Agreement.15
PX 1751; TT 796-798. Weisselberg affirmed that he understood that under the terms of the
separation agreement, he was not permitted to cooperate voluntarily with any law enforcement
agency adverse to the Trump Organization, including the Attorney General’s Office. TT 1193-
1195.
14 As discussed infra, 40 Wall Street never reached a net operating income of $26.2 million, but, instead,
ran a deficit as high as -$20.9 million through 2015. PX 636, 652.
15 Although not before this Court, such provision would almost certainly be unenforceable as against
public policy, to the extent that it restricts full and truthful cooperation with legal investigations and
actions. Denson v Donald J. Trump for President, Inc., 530 F Supp 3d 412, 437 (SDNY 2021) (Trump
campaign’s non-disclosure and non-disparagement provisions are invalid and unenforceable as against
public policy).
This will be interesting to see whether Alvin Bragg requires Weisselberg to testify, and truthfully because it appears he was caught in lies in this last trial.
Allen Weisselberg
Allen Weisselberg was the CFO of the Trump Organization from 2002 until he was placed on
leave in October 2022, after pleading guilty to 15 criminal counts of tax fraud and falsification of
business records at the Trump Organization. TT 790; PX 1751, 3041. In that same vein, his
testimony in this trial was intentionally evasive, with large gaps of “I don’t remember.” He
conceded that his Separation Agreement, on which he is still apparently awaiting four payments,
prohibits him from voluntarily cooperating with any entity “adverse” to the Trump Organization
or its former or current employees. PX 1751. That alone renders his testimony highly
unreliable. The Trump Organization keeps Weisselberg on a short leash, and it shows
