Falsifying Business Records is a serious white-collar crime with severe consequences. New York law classifies this offense into two degrees, both carrying potential penalties, including lengthy jail sentences. If you’re accused of this crime, it’s crucial to seek an experienced white-collar criminal defense attorney immediately.
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 a Class A Misdemeanor, the most severe misdemeanor in New York. A conviction 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)
Falsifying Business Records in the First Degree occurs when someone falsifies records to conceal or commit another crime. As a Class E Felony, this charge carries up to four years in prison, five years of probation, or both, along with restitution and a $5,000 fine.
Understanding Falsifying Business Records Charges for Long Island Courts
Second-degree charges are easier for Nassau and Suffolk County prosecutors to pursue. For example, an employee who logs false work hours to deceive their employer can be charged with Falsifying Business Records in the Second Degree. However, if the employee alters their work records to hide or commit another crime, like theft, they may face First Degree charges.
Affirmative Defense to Falsifying Business Records Charges
New York law provides an affirmative defense if you acted under a supervisor’s direct orders and received no personal benefit. This defense does not prevent arrest or prosecution. You must present evidence at trial to show you acted on a supervisor’s instructions without personal gain. The prosecution must prove guilt beyond a reasonable doubt. You must prove 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:
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You did not intend to defraud anyone: Intent is key in Falsifying Business Records. If your actions were genuine or accidental, this could be a defense.
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You did not make or cause to make a false entry: If someone else made the entry without your input or knowledge, this can be a defense.
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You did make a false entry but didn’t know it was false: Mistakenly entering incorrect data isn’t intentional fraud. If you thought the information was correct, this could be a defense.
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You did not alter or destroy a true entry: The prosecution must show you tampered with an entry. If someone else caused the issue, this could be a defense.
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You did alter or remove an entry but didn’t know it was true: If you modified an entry without realizing its significance, this may be a defense.
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You did not omit to make a true entry: If the omission was an oversight or error, this could challenge the charge.
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You did omit to make a true entry but didn’t know it was wrong: If you didn’t know it was your duty to make the entry, this can be a defense.
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You did omit to make a true entry but didn’t have a duty to do so: If someone else was responsible for the task, this can weaken the prosecution’s case.
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You did not prevent the making of a true entry: If you had no control over record management, this could be a defense.
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You were not acting with intent to commit or conceal another crime: First-degree charges require proof of intent to hide another crime. If no connection exists, this could be a defense.
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 criminal intent, you need an experienced Nassau County Falsifying Business Record defense attorney. If arrested for Falsifying Business Records or other white-collar crimes, contact Attorney Ramy Mikhail Louis. With extensive experience defending these cases, his firm will build a strong defense on your behalf. Contact the firm today.
