It appears unlikely that Omaha City Councilman Vinny Palermo will be getting out of jail anytime soon but that doesn't mean he can't continue to run the family business.

That's all part of the latest legal move in Palermo 's ongoing divorce court case, according to Douglas County District Court Judge J Russell Derr.

Derr says he’s been assured by Palermo's attorney that the two-term Democrat Councilman, “can continue to operate and manage Vinny's Tree Service while incarcerated.”

Palermo 's estranged wife Aubrey had asked the judge to update the couple’s temporary divorce court order to allow Mrs. Palermo, “the ability to manage the business she owns.” She maintains she is “85%” owner.

Who owns what has been part of the government's criminal case against the councilman, accusing Palermo of falsifying a Paycheck Protection Plan loan. The government says because Palermo who was on federal probation for tax crimes in 2019 when he applied for the PPP loan “he was disqualified” from receiving the money—$68,790.

Prosecutors recently said Palermo had his wife sign the loan, as if she was the owner—which she now claims is the case.

In his latest decision, Judge Derr rules that the dispute between the Palermo’s “about the management and operation of Vinny’s Tree Service is a business dispute between owners” and is best handled in a business lawsuit, not the divorce case.

It’s unclear just how Palermo, who is under federal indictment accused of taking city related kickbacks and fraud— and refuses to resign his city post—will run his business while behind bars. Palermo and his lawyer have not been available for comment.

However, in an earlier court filing Aubrey Palermo said her husband’s brother and sister have helped manage VTS and are “aligned with and only loyal” to Vinny Palermo.