On Tuesday , Weisselberg’s attorneys and the company asked for a judge to drop the criminal fraud and tax evasion cases against him. The attorneys for Weisselberg claim that the district attorney threatened to prosecute their son because Mr. Weisselberg had not cooperated with investigators.

They wrote that Barry Weisselberg’s son was being prosecuted and that they were threatening to indict Mr. Weisselberg on other charges.

A spokesperson for Manhattan’s district attorney declined comment.

Barry Weisselberg, a Trump Organization employee, previously managed an ice skating and carousel in Central Park which together brought in millions of dollars per year. As part of the financial investigation, a grand jury subpoenaed his divorcing records. CBS News reviewed some of the records and found that they reflect his financial situation and that his ex-wife used to live in an apartment owned by Trump Organization.

Barry Weisselberg’s exwife Jennifer met with the Manhattan D.A. in 2020. Before obtaining a temporary order against him, he was referred to the Manhattan D.A.’s domestic violence investigators. Although the order was revoked in November 2020, it remained in force due to an order by the chief judge of the state limiting access to courts due to COVID-19. It also extended all temporary restraining order. Barry Weisselberg denied the allegations against him made in his petition for the restraining orders.

Barry Weisselberg’s attorney did not respond to our request for comment. He has not been charged and there are no indications that he is being investigated for any crime.

Allen Weisselberg’s lawyers stated Tuesday that Barry’s attempted prosecution would have violated Barry’s due process rights.

They wrote that if it had chosen to prosecute Mr. Weisselberg’s son, that prosecution would also be challenged as a vindictive penalty in violation of due procedure.

In July , Allen Weisselberg was accused of receiving untaxed benefits — including an apartment or car — in the amount of $1.7 million. Trump Organization was accused in Weisselberg’s case of receiving lavish, untaxed perks or “indirect employee pay” from the Trump Organization.

Allen Weisselberg, the company, and their representatives deny wrongdoing. They have not pleaded guilty.