In New York, it can be a crime to falsify business records, but to make it a felony, prosecutors would need show that Trump’s “intent to defraud” included an effort to commit or conceal a second crime.
March 14, 2023

Yes, I know. You'll believe it when you see it. But Manhattan DA Alvin Bragg's investigation seems likely to proceed to indicting Trump -- and it seems likely to happen soon. Via the NYTimes:

Mr. Bragg’s case would likely center on how Mr. Trump and his family business, the Trump Organization, handled the reimbursement payments to Mr. Cohen.

The company falsely recorded the payments in internal records as legal expenses, according to court papers in Mr. Cohen’s federal case. The Trump Organization’s records also cited a phony retainer agreement with Mr. Cohen, who was a lawyer but had no such agreement with the Trumps.

In New York, it can be a crime to falsify business records, but to make it a felony, prosecutors would need show that Mr. Trump’s “intent to defraud” included an effort to commit or conceal a second crime.

While it is unclear what that second crime might be in this case, it is possible that Mr. Bragg will cite a violation of state election law. Like the federal prosecutors who charged Mr. Cohen, Mr. Bragg’s prosecutors could argue that the payment to Ms. Daniels was an illicit contribution to Mr. Trump’s campaign, given that the money silenced Ms. Daniels, which helped his candidacy.

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