Falsifying Business Records is a serious white-collar crime that can have severe consequences. Under New York law, there are two degrees of this offense, each carrying the potential for significant penalties, including lengthy jail sentences. If accused of Falsifying Business Records, seek an experienced white-collar criminal defense attorney right away.
The R.M.L. Law Firm, PLLC specializes in handling financial and white-collar crimes across Long Island, including Falsifying Business Records charges. Long Island fraud criminal defense attorney Ramy Mikhail Louis, a former prosecutor, knows how these cases are pursued. His firm is dedicated to providing a thorough and strategic defense for clients facing these accusations.
The Two Degrees of Falsifying Business Records
Falsifying Business Records in the Second Degree (NY Penal Law 175.05)
This charge applies when a person, intending to deceive, does any of the following:
- Makes or causes a false entry in business records
- Alters, erases, deletes, or destroys a true entry in business records
- Fails to make a required entry in business records, knowing it is mandated by law or their position
- Prevents or causes the omission of a true entry in business records
Although this is the lower charge, it is still classified as a Class A Misdemeanor, the most severe misdemeanor level in New York. Convictions can result in up to one year in jail, three years of probation, a combination of both, restitution, and a $1,000 fine.
Falsifying Business Records in the First Degree (NY Penal Law 175.10)
This more serious charge arises when someone commits Falsifying Business Records in the Second Degree and does so to conceal or commit another crime. As a Class E Felony, a conviction can lead to up to four years in prison, five years of probation, a combination of both, restitution, and a $5,000 fine.
Understanding Falsifying Business Records Charges for Long Island Courts
Second-degree charges can be relatively easy for Nassau and Suffolk County prosecutors to pursue. For instance, if an employee logs false work hours to deceive their employer, they can be charged with Falsifying Business Records in the Second Degree. However, if they altered their work records to hide or engage in another crime, such as committing theft during the hours they falsely reported, they may face First Degree charges.
Affirmative Defense to Falsifying Business Records Charges
New York law provides an affirmative defense if you were acting under the direct orders of a supervisor, received no personal benefit, and are in roles such as a clerk or bookkeeper. This defense doesn’t prevent arrest or prosecution; instead, you would need to present evidence at trial, showing that you acted without personal gain on a supervisor’s instructions. In these cases, the prosecution must prove guilt beyond a reasonable doubt, while you would need to demonstrate this defense by a “preponderance of the evidence.”
Other Defenses
In addition to affirmative defenses, there are other arguments your defense attorney can raise, including:
- You did not intend to defraud anyone: Intent is a key part of a Falsifying Business Records charge. If your actions were genuine and not aimed at deceiving or misleading—like making an honest mistake in record-keeping or following standard protocols—this could serve as a defense. For instance, if you updated a business record believing it was accurate and without intending to cause harm, it may not qualify as fraud.
- You did not make or cause to make a false entry in a business record: It must be proven that you were directly involved in creating or contributing to a false entry. If someone else made the entry without your input or knowledge, this can be a defense. For example, if another employee altered the records without your awareness, the accusation may not stand.
- You did make or cause to make a false entry in a business record, but did not know that the information was false (mistakenly believed it was true): Entering incorrect data by mistake isn’t the same as doing so intentionally. If you genuinely thought the information was correct—perhaps relying on figures from another department or a trusted source—this could challenge the accusation.
- You did not alter, erase, obliterate, delete, remove, or destroy a true entry in a business record: The burden is on the prosecution to show you tampered with an existing entry. If an entry was incomplete or inaccurate due to a system issue or another individual’s actions, this could be used to dispute the charge.
- You did alter, erase, obliterate, delete, remove, or destroy a true entry in a business record, but did not know that it was a true entry: If you changed or removed an entry without realizing its significance, this may be a defense. For example, if you thought the entry was a duplicate or outdated, and you modified it for legitimate reasons, this might not meet the criteria for a crime.
- You did not omit to make a true entry in a business record: It has to be shown that any failure to create an entry was deliberate. If the omission was an oversight or unintentional error, this could be a strong defense.
- You did omit to make a true entry in a business record, but did not know that you were violating a duty to not do so: Some roles come with specific duties to make entries, and if you were unaware of this requirement, it might serve as a defense. For instance, if it wasn’t clear that you were responsible for certain documentation and you didn’t realize the omission breached company policy, this can be a defense.
- You did omit to make a true entry in a business record, but did not have a duty to not do so: There may be accusations of omission when you weren’t legally required to make the entry. If you can prove that someone else was responsible for the task or it wasn’t part of your job, it can weaken the prosecution’s case.
- You did not prevent the making of a true entry or cause the omission of a true entry in a business record: If accused of blocking a legitimate entry, you can defend yourself by showing you had no role in preventing it. This could involve demonstrating that record management was handled by another team or department, and you had no control over the process.
- You were not acting with an intent to commit or conceal another crime (applicable only to Falsifying Business Records in the First Degree): First Degree charges require proof that you intended to hide or commit another crime. The charges might not apply if this connection cannot be established. For example, if your actions were unrelated to any other criminal activity, this defense could challenge the more serious charge.
Don’t Leave Your Long Island Falsifying Business Records Defense to Chance
When facing charges related to business records on Long Island, including fraud or other alleged criminal intent, you need an experienced Nassau County Falsifying Business Record criminal defense attorney. If arrested in Long Island for Falsifying Business Records or other white-collar crimes, contact Attorney Ramy Mikhail Louis. With extensive experience defending these cases and related charges, his firm is ready to build a robust defense on your behalf. Contact the firm today.
