FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE
Penal Law § 175.10
Under our law, a person is guilty of falsifying business records in the first degree when, with intent to defraud that includes an intent to commit another crime or to aid or conceal the commission thereof, that person:
makes or causes a false entry in the business records of an enterprise.
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INTENT TO DEFRAUD
As I previously explained, a person acts with intent to defraud when his or her conscious objective or purpose is to do so.
In order to prove an intent to defraud, the People need not prove that the defendant acted with the intent to defraud any particular person or entity. A general intent to defraud any person or entity suffices.
Intent to defraud is also not constricted to an intent to deprive another of property or money and can extend beyond economic concerns.
INTENT TO COMMIT OR CONCEAL ANOTHER CRIME
For the crime of Falsifying Business Records in the First Degree, the intent to defraud must include an intent to commit another crime or to aid or conceal the commission thereof [i.e. another crime].
Under our law, although the People must prove an intent to commit another crime or to aid or conceal the commission thereof, they need not prove that the other crime was in fact committed, aided, or concealed.
[It's the intent, not the accomplishment of the criminal objective.]
NEW YORK ELECTION LAW § 17-152 PREDICATE
The People allege that the other crime the defendant intended to commit, aid, or conceal is a violation of New York Election Law section 17-152.
Section 17-152 of the New York Election Law provides that any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of conspiracy to promote or prevent an election.
Under our law, a person is guilty of such a conspiracy when, with intent that conduct be performed that would promote or prevent the election of a person to public office by unlawful means, he or she agrees with one or more persons to engage in or cause the performance of such conduct.
Knowledge of a conspiracy does not by itself make the defendant a coconspirator. The defendant must intend that conduct be performed that would promote or prevent the election of a person to public office by unlawful means.
Intent means conscious objective or purpose. Thus, a person acts with the intent that conduct be performed that would promote or prevent the election of a person to public office by unlawful means when his or her conscious objective or purpose is that such conduct be performed.
Evidence that defendant was present when others agreed to engage in the performance of a crime does not by itself show that he personally agreed to engage in the conspiracy.
“By Unlawful Means”
Although you must conclude unanimously that the defendant conspired to promote or prevent the election of any person to a public office by unlawful means, you need not be unanimous as to what those unlawful means were.
In determining whether the defendant conspired to promote or prevent the election of any person to a public office by unlawful means, you may consider the following: (1) violations of the Federal Election Campaign Act otherwise known as FECA; (2) the falsification of other business records; or (3) violation of tax laws.
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I will stop here. First impressions:
-The jury does not get the instructions to take back with them. They can request re-reads of parts or all.
-"General intend to defraud";
-what is "defraud". The instructions explain what defraud is not, but not what it is;
-intend to defraud must include intent to commit (conceal, etc.) another crime.
-"unlawful means", "unlawful means", "unlawful means": Are unlawful means the same as crimes? If so, why does he use the "crime" some places and "unlawful means" others?
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