NY Penal Code 175.10

Jarod said:
“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.“

Lots of people who have never done criminal law maybe can’t understand what is called barebones pleading. It’s how a charging document such as an indictment is done.

The prosecutor only provides the basic minimum that is required to say the Defendant committed a stated crime. Often no facts other than dates and allegations tracking the statute said to have been violated are provided. Barr actually filed what’s called a speaking indictment which provides a little more information.

The reason prosecutor give such a barebones fact pattern is, one… to give as little information as possible until required to do so, and more importantly two… to allow for as much flexibility as possible. A bare bones indictment gives the prosecutor more wiggle room is new evidence comes to light changing how he plans to go about proving the case and making it easier to file a superseding indictment if new more serious crimes come to light while the case is pending.

Having a very vague indictment gives flexibility.

If, for example, Bragg had listed what crime Trump was trying to commit in filing the fraudulent documents, he would be limited to that crime, even if another easier to prove crime later came to light.

A vague indictment meeting the pleading requirements is good lawyering.
Click to expand...

Okay. What records did Trump falsify?? What crime was committed?? Nothing was listed in the indictment!
 
Jarod said:
“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.“

Lots of people who have never done criminal law maybe can’t understand what is called barebones pleading. It’s how a charging document such as an indictment is done.

The prosecutor only provides the basic minimum that is required to say the Defendant committed a stated crime. Often no facts other than dates and allegations tracking the statute said to have been violated are provided. Barr actually filed what’s called a speaking indictment which provides a little more information.

The reason prosecutor give such a barebones fact pattern is, one… to give as little information as possible until required to do so, and more importantly two… to allow for as much flexibility as possible. A bare bones indictment gives the prosecutor more wiggle room is new evidence comes to light changing how he plans to go about proving the case and making it easier to file a superseding indictment if new more serious crimes come to light while the case is pending.

Having a very vague indictment gives flexibility.

If, for example, Bragg had listed what crime Trump was trying to commit in filing the fraudulent documents, he would be limited to that crime, even if another easier to prove crime later came to light.

A vague indictment meeting the pleading requirements is good lawyering.
Click to expand...

Bragg hasn't named the crime Trump tried to conceal. Without that Bragg has nada, nothing, zip point shit.
 
Jarod said:
“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.“

Lots of people who have never done criminal law maybe can’t understand what is called barebones pleading. It’s how a charging document such as an indictment is done.

The prosecutor only provides the basic minimum that is required to say the Defendant committed a stated crime. Often no facts other than dates and allegations tracking the statute said to have been violated are provided. Barr actually filed what’s called a speaking indictment which provides a little more information.

The reason prosecutor give such a barebones fact pattern is, one… to give as little information as possible until required to do so, and more importantly two… to allow for as much flexibility as possible. A bare bones indictment gives the prosecutor more wiggle room is new evidence comes to light changing how he plans to go about proving the case and making it easier to file a superseding indictment if new more serious crimes come to light while the case is pending.

Having a very vague indictment gives flexibility.

If, for example, Bragg had listed what crime Trump was trying to commit in filing the fraudulent documents, he would be limited to that crime, even if another easier to prove crime later came to light.

A vague indictment meeting the pleading requirements is good lawyering.
Click to expand...

My Lord you're a fucking dumbass.
 
Jarod said:
It will be required at trial…. You will find out when required.
Click to expand...

I don't know how else you would file a payment for an NDA document ... other than as a legal fee. What category do you think it should be filed under?

It is more than likely that the "underlying crime" was breaking federal campaign finance law. Which is very odd given that Trump was elected in 2016, but the payments were made in 2017 ... after the election was over.

"The new indictment alleges that between Feb. 14, 2017 and Dec. 5, 2017, Trump falsified records of invoices paid to Cohen."

https://www.pbs.org/newshour/politi...against-trump-in-the-new-york-hush-money-case
 
Jarod said:
“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.
Click to expand...

What's the other crime?
 
Trump's lawyers will ask for a Bill of Particulars...the motion for a more definite statement.
 
Bigdog said:
I don't know how else you would file a payment for an NDA document ... other than as a legal fee. What category do you think it should be filed under?

It is more than likely that the "underlying crime" was breaking federal campaign finance law. Which is very odd given that Trump was elected in 2016, but the payments were made in 2017 ... after the election was over.

"The new indictment alleges that between Feb. 14, 2017 and Dec. 5, 2017, Trump falsified records of invoices paid to Cohen."

https://www.pbs.org/newshour/politi...against-trump-in-the-new-york-hush-money-case
Click to expand...

It may be that the crime is something other than FEC filings… but filings go on way past a campaign.
 
T. A. Gardner said:
Bragg hasn't named the crime Trump tried to conceal. Without that Bragg has nada, nothing, zip point shit.
Click to expand...

He has an indictment and an arrest.

The crime, likely three of them, exists and will be shared when required.

If not, the case will be dismissed.
 
Jarod said:
It might be required if the defense attorneys ask for a bill of particulars.
Click to expand...

are you sure that you should give hints?......maybe Trump's lawyers have never been to court before........they might not have thought of that.....

oh wait,
A good defense attorney will file a demand for a bill of particulars in every case for a several reasons:

To preserve your rights,
To obtain information that you may not otherwise be able to get, and
To explore defenses that you may have.
Click to expand...
 
You must log in or register to reply here.
Back
Top