11:09am PT by Ashley Cullins
Manhattan DA Won't Pursue Financial Charges Against Harvey Weinstein
Harvey Weinstein is clear of potential charges related to settlement payments made to women who have accused him of sexual assault after New York prosecutors decided not to continue investigating whether he committed any financial crimes.
"The fact that the District Attorney's Office has officially closed their investigation does not surprise me in the least," Weinstein attorney Benjamin Brafman said Sunday night in a statement. "I have been explaining to them for almost a year that this inquiry was a mindless voyage as Mr. Weinstein never defrauded any company or person and always paid his own bills, or after the fact, by agreement, reimbursed the company for any personal expense. Had they listened to me early on, it would have saved the District Attorney a lot of time and money."
Those reimbursements "by agreement" made headlines in June, when Weinstein's employment contract became public record.
"You and the Company recognize that, in addition to being indemnified for the amount of payments the Company is obligated to make as a result of your misconduct, such misconduct can cause significant damage to the Company which is difficult or impossible to measure," reads the provision. "Accordingly, if your misconduct results in the Company making an Obligated Payment to a person damaged by such misconduct, in addition to the indemnification set forth in subparagraph i.(a) above, you will pay the Company liquidated damages of $250,000 for the first such instance, $500,000 for the second such instance, $750,000 for the third such instance, and $1,000,000 for each such additional instance."
Weinstein, who in June pleaded not guilty to multiple sex crimes, is now facing five charges after the D.A. in October dropped one because of information the police had but didn't share with prosecutors. Weinstein is currently awaiting a decision from a Manhattan judge on a motion to dismiss the entire case. The next scheduled appearance is Dec. 20.