Harvey Weinstein, who is jailed at Rikers Island and in failing health while he awaits his third rape trial, has filed an unusual lawsuit accusing his brother of siphoning funds from their company prior to its collapse.

The ex-mogul claims he was left responsible for paying the remainder of a $45 million dollar loan that was meant to save The Weinstein Company, but was used for other means.

Harvey Weinstein claims Bob Weinstein and former executives misled him into backing a $45 million loan and then used the funds for personal expenses.