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So there are the regular folk and then there are the infamous folk, but Trump is not the only person convicted for falsifying business records:
An individual is “guilty of falsifying business records in the second degree when, with intent to defraud, he:
For Trump to be prosecuted for felony violation of falsifying business records, the statute requires the DA to prove not only that Trump is guilty of falsifying business records (a misdemeanor), but that he did so with the intent to commit “another crime,” or aiding or concealing the commission of “another crime.”
Survey of Past New York Felony Prosecutions for Falsifying Business Records
Historically, it is relatively rare for high-profile figures to be convicted of multiple counts of falsifying business records in the United States. However, there are a few notable examples:
- Bernie Madoff: The financier behind the largest Ponzi scheme in history, Madoff was convicted on multiple counts, including falsifying business records, securities fraud, and investment advisor fraud.
- Andrew Fastow: The former Chief Financial Officer of Enron, Fastow was convicted on multiple charges, including securities fraud, wire fraud, and falsifying financial records, related to the Enron scandal.
- Jeffrey Skilling: Another Enron executive, Skilling was convicted on multiple counts of securities fraud, insider trading, and falsifying financial records.
- Leona Helmsley: The hotel magnate was convicted of tax evasion and related charges, which included falsifying business records to claim personal expenses as business expenses.
- Martin Shkreli: The former pharmaceutical executive was convicted of securities fraud and conspiracy to commit securities fraud, which included falsifying business records to defraud investors.
These cases highlight how falsifying business records is often associated with larger schemes of financial fraud and corporate malfeasance.
Survey of Past New York Felony Prosecutions for Falsifying Business Records
- The People of the State of New York v. Josue Aguilar Dubon, AKA Saady Dubon, AKA Alejandro Ortiz (October 2022) — Bronx business owner indicted for failing to report over $1 million in income, avoiding paying $60,000 in taxes.
- The People of the State of New York v. Scott Kirtland (February 2022) — Insurance broker indicted for allegedly creating/filing fraudulent certificates of liability insurance to further scheme to defraud.
- The People of the State of New York v. James Garner (November 2021) — Mental health therapy aide indicted for allegedly defrauding over $35,000 in workers’ compensation benefits.
- The People of the State of New York v. Jose Palmer (November 2016) — Pleaded guilty to petit larceny for unemployment benefits fraud of over $3,000, having initially been indicted for grand larceny and falsifying business records in the first degree.
- The People of the State of New York v. Jason Holley (November 2016) — Convicted by jury of falsifying business records in the first degree but acquitted of the predicate crime, insurance fraud.
- The People of the State of New York v. Christina Murray (May 2015) & People v. Terrel Murray (May 2014) — Married couple convicted of house fire insurance claim, attempting to recover the cash value of various items of property that were ostensibly lost in the fire.
- The People of the State of New York v. Barbara A. Freeland (June 2013) — Convicted for falsely claiming on a food stamps application that a young adult lived with her.
- The People of the State of New York v. Maria F. Ramirez (August 2010) — Convicted for returning unpurchased items to a store in exchange for store credit, thus causing a false entry in a business record of an enterprise, and using the store credit to purchase additional items one day.
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
For Trump to be prosecuted for felony violation of falsifying business records, the statute requires the DA to prove not only that Trump is guilty of falsifying business records (a misdemeanor), but that he did so with the intent to commit “another crime,” or aiding or concealing the commission of “another crime.”
Survey of Past New York Felony Prosecutions for Falsifying Business Records