All signs indicate that former President Donald Trump will soon be indicted by a Manhattan grand jury in connection with a “hush money” payment made to adult film star Stormy Daniels. Based on media reports and public comments made by President Trump’s own lawyers and supporters, it appears that Trump will be charged with Falsifying Business Records in the First Degree in violation of New York Penal Law §175.10, a Class E Felony punishable by up to four years in state prison.
Ethan Greenberg
Sam Braverman
By way of background, the definition of the crime of falsifying business records requires in relevant part that the defendant, acting with the intent to defraud, make or cause a false entry to be made in the business records of an enterprise; the crime is elevated from a misdemeanor to a felony when the intent to defraud “includes an intent to commit another crime or to aid or conceal the commission thereof.” See New York Penal Law §175.05 and §175.10.
