In his criminal trial which begins today Donald Trump has been charged with violation of New York Penal Code section 175.10, which I have pasted below – the charge is for allegedly falsifying business records. Thus, I would say that all New York businesses and officers should be following this case for the new law and clarifications that it might create. The case raises many legal and evidentiary issues, including, for example, who will testify for the prosecution, their credibility, and significant issues of attorney client privilege and possibly work product protections. There will also be issues pertaining to the selection of jurors, the instructions and limitations that the Judge has implemented or ordered, and whether or not jurors can be impartial. This is a case that Donald Trump can win or lose. The verdict certainly will be appealed either way.
The following is New York Penal Code section 175.10, the violation of which is the charge against Donald Trump.
New York Penal Code section 175.10
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.
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David Tate, Esq. (and inactive CPA)
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David Tate, Esq. (and inactive California CPA) – practicing only as an attorney in California.
David W. Tate, Esq. (and inactive CPA) 