As has been widely reported today, a New York Grand Jury has indicted former President Donald J. Trump on multiple counts of "falsifying business records" in violation of New York Penal Law Section 175.10. That statute defines falsifying business records in the first degree as follows:
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.
Penal Law Section 175.05 defines falsifying business records in the second degree as follows:
A person 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.
Falsifying business records in the second degree is a class A misdemeanor.
California also criminalizes the falsification of corporate records:
Cal. Corp. Code §2255(b). There are some similarities and differences between these statutes. Both the New York and California statutes require an intent to defraud. In addition, neither statute specifies where the offending conduct must occur. The New York statute refers the records of an "enterprise" while the California statute refers to any corporation, domestic or foreign.Every director, officer, agent or shareholder of any corporation, domestic or foreign, who, with intent to defraud, destroys, alters, mutilates or falsifies any of the books, papers, writings or securities belonging to the corporation or makes or concurs in omitting to make any material entry in any book of accounts or other record or document kept by the corporation is guilty of a public offense.
