MagicMike
Platinum Member
You are talking out your ass again.You clipped some lawyers’ ad. And you said nothing about the elements.
That was the question.
You either lack sufficient information to brain the answer or you’re just lying again
Either way, as always, you lose.
READ the statute.
Show me where in the statute it says that a person who commits business fraud is not guilty unless someone was harmed.
You will not be able to do that.
PERHAPS what you really mean to say is that even though the law doesn't explicitly say that, there is nevertheless some case precedent where courts have consistently ruled along these lines.
Is that what you're trying to say?
Prove it then.
Send me links to a few of these cases.
I'll wait.
FALSIFYING BUSINESS RECORDS
IN THE FIRST DEGREE
Penal Law § 175.10
(Committed on or after November 1, 1986)
The (specify) count is Falsifying Business Records in the
First Degree.
Under our law, a person is guilty of falsifying business
records in the first degree when, with intent to defraud that
includes an intent to commit another crime or to aid or conceal
the commission thereof, that person:
Select appropriate alternative:
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 or she
knows to be imposed upon him or her by law or by the
nature of his or her position; or
prevents the making of a true entry or causes the omission
thereof in the business records of an enterprise.1
The following terms used in that definition have a special
meaning:
ENTERPRISE means any entity of one or more persons,
corporate or otherwise, public or private, engaged in business,
1
Penal Law § 175.10 reads: "A person 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." The charge substitutes the language of falsifying
business records in the second degree in the appropriate place.
In order for you to find the defendant guilty of this crime, the
People are required to prove, from all of the evidence in the case,
beyond a reasonable doubt, each of the following two elements:
1. That on or about (date) , in the county of (county) ,
the defendant, (defendant's name),
Select appropriate alternative:
made or caused a false entry in the business records
of an enterprise; or
altered, erased, obliterated, deleted, removed or
destroyed a true entry in the business records of an
enterprise; or
omitted to make a true entry in the business records
of an enterprise in violation of a duty to do so which
the defendant knew to be imposed upon him/her by
law or by the nature of his/her position; or
Penal Law § 175.00(1).