Survey of Past New York Felony Prosecutions for Falsifying Business Records

[LetMyPeopleVote]

The crime that TFG may be charged with has been used a great deal in New York. TFG is not being picked on.

Link to tweet

https://www.justsecurity.org/85605/survey-of-past-new-york-felony-prosecutions-for-falsifying-business-records/

A core crime that the Manhattan District Attorney will likely include in an indictment of former President Donald Trump is “falsifying business records in the first degree,” a felony under New York State law (N.Y. Penal Code § 175.10). Prosecutors and indeed all of us are compelled by the rule of law to consider how such a charge compares to past prosecutions. Are like cases being treated alike?

Here it appears they are. Prosecution of falsifying business records in the first degree is commonplace and has been used by New York district attorneys’ offices to hold to account a breadth of criminal behavior from the more petty and simple to the more serious and highly organized. We reach this conclusion after surveying the past decade and a half of criminal cases across all the New York district attorneys’ offices.

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.....An individual is “guilty of falsifying business records in the second degree when, with intent to defraud, he:

makes or causes a false entry in the business records of an enterprise; or
alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or
omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he knows to be imposed upon him by law or by the nature of his position; or
prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.” N.Y. Penal Code § 175.05

An individual “is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.” N.Y. Penal Code § 175.10.

TFG is not being picked on

[gratuitous]

1. As usual, the right wing noise machine is counting on the general public's ignorance

Let's face it, the universe of crooked business people who falsify their business records is pretty small. Unless you have done it yourself or been the victim of some crooked business falsifying its records, you don't know jack-shit about how often it's prosecuted and what the penalties are for doing that. The right wing noise machine is counting on that unfamiliarity to spuriously claim that the former guy is being unfairly singled out for some minor scrivening error on a business filing.

That is, of course, not true at all. But don't hold your breath (generally speaking) for the popular media to explain that to its audience. They will repeat every whiny, tiny-foot-stamping "NO FAIR" tantrum thrown by the former guy and his mouthpieces, but they won't devote any air time (well okay, maybe three seconds of "some people say this is prosecuted all the time" ) to educating their audience.

[Alexander Of Assyria]

5. The general public's ignorance is the fodder mass media has used to manufacture consent...

well before the Iraq War…their crowning achievement to date, tTrumps election close second!

It’s an ignorance still carefully nurtured.

[republianmushroom]

2. nail him

[SheltieLover]

3. And we know the media will not make note of these facts

Btw, tfg deserves to be picked on.

[Alexander Of Assyria]

4. Crime is...Makes, omits, or prevents...the truth...sound like somebody we know!?