Colony Capital founder Tom Barrack asked a U.S. judge to throw out charges that he illegally acted as an agent of a foreign government.
Barrack, a longtime friend of former President Donald Trump, on Monday filed a motion to dismiss the criminal case in federal court in Brooklyn, New York, saying there was no evidence to back up charges that he acted on behalf of the United Arab Emirates in trying to influence U.S. policy. Barrack and his assistant, Matthew Grimes, previously pleaded not guilty.
“The indictment accuses Mr. Barrack of failing to notify the U.S. Attorney General that he was acting as an agent of the United Arab Emirates, a longtime ally of the United States,” Barrack’s lawyer, Daniel Petrocelli, said in Monday’s filing.
“Mr. Barrack was never an agent of the UAE, nor did he commit obstruction or make any false statements. There is no basis whatsoever for the charges against Mr. Barrack, and this indictment should be dismissed in its entirety.”
Barrack and Grimes were indicted in July along with a third defendant, UAE national Rashid Alshahhi, who remains at large. Barrack was released on a $250 million bail package, one of the largest in recent memory, while Grimes posted a $5 million bond. Alshahhi was originally charged by the U.S. in a sealed criminal complaint in 2019.
According to prosecutors, Barrack and Grimes engaged in a yearslong scheme to try to shape the Trump administration’s foreign policy in directions favored by the UAE, in part by developing a “back-channel line of communication” to U.S. officials. The UAE also “tasked” the men with trying to mold and influence public opinion through media appearances, prosecutors say.
The government also claims Barrack lied about some of his activities in a 2019 interview with Federal Bureau of Investigation agents.
In Monday’s filing, Petrocelli said there was no proof that Barrack reached any kind of agreement with UAE officials, which he said was a requirement of the foreign agent offense.
“There is no allegation in the indictment that Mr. Barrack undertook any of the activities detailed in the indictment because he was obligated to do so by virtue of an agreement with the UAE to act as its agent,” Petrocelli said. “There are likewise no allegations that he ever engaged in any activity against the interests of United States or that U.S. officials were unaware of his relationships and interactions with UAE officials or other foreign government.”
Barrack stepped down as chairman of Colony Capital in March and formed a new venture, Falcon Peak Partners. The indictment came just as he had inked the first in a series of deals he planned to pursue in the hospitality, leisure and entertainment industries. He had said sovereign wealth funds and family offices in the Middle East would be co-investors.
U.S. District Judge Brian Cogan, who’s presiding over the case, has directed the trial to begin on Sept. 7 with jury selection. Prosecutors have until Feb. 28 to respond to Barrack’s motion.
