MANHATTAN, New York — Former President Donald Trump faces 34 charges of “Falsifying Business Records in the First Degree.”
In your Breakdown, we’re taking a look at what that charge means.
The verbiage in New York State code defines “Falsifying Business Records in the First Degree” as:
§ 175.10 Falsifying business records in the first degree.
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.
Falsifying business records in the first degree is a class E felony.
In simple terms, the New York court system says this could include removing, creating, or omitting a business record with the intent of covering up another crime.
To be found guilty, New York law states that prosecutors must prove two things:
1. That there was falsification of business records.
2. That there was intent to defraud to commit or conceal another crime.
The intent to conceal another crime is what makes this a felony charge.
That’s why the statement of facts in Trump’s case doesn’t just include the list of charges and alleged false business entries, but also a narrative of the 11 hush money payments the District Attorney says he intended to cover up.
Prosecutors say Trump orchestrated an unlawful scheme to influence the 2016 election by paying off people and suppressing negative stories about him.
The complaint said Trump “violated election laws and made and caused false entries in the business records of various entities in New York.”
The DA did not have to name what specific crimes Trump may have been trying to cover up, but when pressed by reporters at a news conference, he said he’s looking at violations of New York election law, federal election law, campaign finance violations, and state or federal tax law violations.
Influencing the 2016 election will be a key part of the prosecution’s case. And the presence of a second crime, such as a campaign law violation, will be vital for prosecutors to convince a jury that Trump is guilty of the felony crime of falsifying business records.
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