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Not sure about this indictment

AOG
AOG Member Posts: 2,677
edited April 2023 in Tug Tavern
I get that the business record was falsified, but I don't see who the injured party is. It was a set of expenses for hush money classified as legal expense. Not a flame, I just don't get it...
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  • Bob_C
    Bob_C Member, Swaye's Wigwam Posts: 12,680 Founders Club
    AOG said:

    I get that the business record was falsified, but I don't see who the injured party is. It was an expense for hush money classified as legal expense. Not a flame, I just don't get it...

    Since when does there need to be an injured party in criminal law?
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  • AOG
    AOG Member Posts: 2,677
    Bob_C said:

    AOG said:

    I get that the business record was falsified, but I don't see who the injured party is. It was an expense for hush money classified as legal expense. Not a flame, I just don't get it...

    Since when does there need to be an injured party in criminal law?
    I don't know. Where is Lawdawg or somebody?
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  • AOG
    AOG Member Posts: 2,677
    edited April 2023
    I think this is a tax issue like Al Capone? Maybe the law expense could be written off, but not hush payments. Probably the law expense could be written off, but the hush money would be taxed differently.
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  • jecornel
    jecornel Member Posts: 9,737
    All charges are past statute of limitations and the federal government reviewed the case prior. What we are witnessing it utter insanity. The witnesses are stormy and Cohen. Total joke.
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  • Bob_C
    Bob_C Member, Swaye's Wigwam Posts: 12,680 Founders Club
    AOG said:

    Bob_C said:

    AOG said:

    I get that the business record was falsified, but I don't see who the injured party is. It was an expense for hush money classified as legal expense. Not a flame, I just don't get it...

    Since when does there need to be an injured party in criminal law?
    I don't know. Where is Lawdawg or somebody?
    Use your brain a little.

    You voted for this nanny state. Breaking a gun law doesn't create an injured party, there are a million other similar examples.
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  • AOG
    AOG Member Posts: 2,677
    jecornel said:

    All charges are past statute of limitations and the federal government reviewed the case prior. What we are witnessing it utter insanity. The witnesses are stormy and Cohen. Total joke.

    I think I agree with this crowd for once... charges look flimsy. They should have nailed him for exaggerating his assets, reducing values for taxes issues, this is weak... will fail IMO
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  • Sledog
    Sledog Member Posts: 37,784 Standard Supporter
    edited April 2023
    AOG said:

    I get that the business record was falsified, but I don't see who the injured party is. It was a set of expenses for hush money classified as legal expense. Not a flame, I just don't get it...

    When the person accusing has denied it happened several times and is suing you for doing it and you have to hire lawyers it's a legal expense.
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  • AOG
    AOG Member Posts: 2,677
    Bob_C said:

    AOG said:

    Bob_C said:

    AOG said:

    I get that the business record was falsified, but I don't see who the injured party is. It was an expense for hush money classified as legal expense. Not a flame, I just don't get it...

    Since when does there need to be an injured party in criminal law?
    I don't know. Where is Lawdawg or somebody?
    Use your brain a little.

    You voted for this nanny state. Breaking a gun law doesn't create an injured party, there are a million other similar examples.
    I must have been thinking "injured party" from civil cases, right
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  • Bob_C
    Bob_C Member, Swaye's Wigwam Posts: 12,680 Founders Club
    edited April 2023
    Interesting take.

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  • pawz
    pawz Member, Moderator, Swaye's Wigwam Posts: 22,468 Founders Club
    AOG said:

    jecornel said:

    All charges are past statute of limitations and the federal government reviewed the case prior. What we are witnessing it utter insanity. The witnesses are stormy and Cohen. Total joke.

    I think I agree with this crowd for once... charges look flimsy. They should have nailed him for exaggerating his assets, reducing values for taxes issues, this is weak... will fail IMO
    I cackled IRL like an idiot hyena.

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  • jecornel
    jecornel Member Posts: 9,737

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  • AOG
    AOG Member Posts: 2,677
    edited April 2023
    I found this: "The key legal question in the case was always how the district attorney would take the charge of falsifying business records — a misdemeanor — and make a felony of it. The statement of facts suggests that the second crime here that would trigger a felony charge is a violation of election law."

    This is why it seems more like a misdemeanor to me. It is, except for the prosecution's novel idea to make it felony due to election. I don't like this strategy.
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  • HHusky
    HHusky Member Posts: 23,904
    § 175.10 Falsifying business records in the first degree.

    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.
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  • MelloDawg
    MelloDawg Member Posts: 6,849
    jecornel said:

    All charges are past statute of limitations and the federal government reviewed the case prior. What we are witnessing it utter insanity. The witnesses are stormy and Cohen. Total joke.

    Sounds like a rough day for you.
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  • Bob_C
    Bob_C Member, Swaye's Wigwam Posts: 12,680 Founders Club
    HHusky said:

    § 175.10 Falsifying business records in the first degree.

    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.

    What was the second crime?
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  • Pitchfork51
    Pitchfork51 Member Posts: 27,662
    Lol when this all gets downgraded to misdemeanors and like a fine the Dems might literally kill Bragg
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  • AOG
    AOG Member Posts: 2,677
    Bob_C said:

    HHusky said:

    § 175.10 Falsifying business records in the first degree.

    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.

    What was the second crime?
    I think it was what they got Cohen for, invalid campaign contribution???
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  • HHusky
    HHusky Member Posts: 23,904
    edited April 2023
    Bob_C said:

    HHusky said:

    § 175.10 Falsifying business records in the first degree.

    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.

    What was the second crime?
    At a minimum, campaign finance law violations.

    See, John Edwards.
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  • AOG
    AOG Member Posts: 2,677
    HHusky said:

    § 175.10 Falsifying business records in the first degree.

    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.

    is this linked to NY state law?
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  • HHusky
    HHusky Member Posts: 23,904
    Pitchfork51 said:

    Lol when this all gets downgraded to misdemeanors and like a fine the Dems might literally kill Bragg

    Daddy's going to strike a plea deal? Artful!
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  • HHusky
    HHusky Member Posts: 23,904
    AOG said:

    HHusky said:

    § 175.10 Falsifying business records in the first degree.

    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.

    is this linked to NY state law?
    This is the NY statute verbatim.
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  • Bob_C
    Bob_C Member, Swaye's Wigwam Posts: 12,680 Founders Club
    HHusky said:

    Bob_C said:

    HHusky said:

    § 175.10 Falsifying business records in the first degree.

    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.

    What was the second crime?
    At a minimum, campaign finance law violations.
    Federal campaign finance law, got it.

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  • RaceBannon
    RaceBannon Member, Moderator, Swaye's Wigwam Posts: 113,918 Founders Club
    34 COUNTS

    FELONIES











    Not available in every state
    Some restrictions may apply
    An indictment is not a conviction
    All people on this show are presumed innocent until proven guilty
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  • AOG
    AOG Member Posts: 2,677
    I found a reference https://law.justia.com/codes/new-york/2019/pen/part-3/title-k/article-175/175-10/

    I think the weak part of this is the "an intent to commit another crime or to aid or conceal the commission thereof." It's a crime to jaywalk... the prosecution will fail to show the link
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  • Bob_C
    Bob_C Member, Swaye's Wigwam Posts: 12,680 Founders Club
    RaceBannon said:

    34 COUNTS

    FELONIES











    Not available in every state
    Some restrictions may apply
    An indictment is not a conviction
    All people on this show are presumed innocent until proven guilty

    You forgot that if found not guilty that doesn't exonerate him.
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  • RaceBannon
    RaceBannon Member, Moderator, Swaye's Wigwam Posts: 113,918 Founders Club
    H still thinks Mueller found something but let it slide

    Like Comey did for Hillary

    H is going to melt down when his daddy beats the bogus charges
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  • HHusky
    HHusky Member Posts: 23,904
    AOG said:

    I found a reference https://law.justia.com/codes/new-york/2019/pen/part-3/title-k/article-175/175-10/

    I think the weak part of this is the "an intent to commit another crime or to aid or conceal the commission thereof." It's a crime to jaywalk... the prosecution will fail to show the link

    They might fail to show the link beyond a reasonable doubt.

    Edwards got away with it. Jury deadlocked.
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  • AOG
    AOG Member Posts: 2,677
    edited April 2023
    HHusky said:

    AOG said:

    I found a reference https://law.justia.com/codes/new-york/2019/pen/part-3/title-k/article-175/175-10/

    I think the weak part of this is the "an intent to commit another crime or to aid or conceal the commission thereof." It's a crime to jaywalk... the prosecution will fail to show the link

    They might fail to show the link beyond a reasonable doubt.

    Edwards got away with it. Jury deadlocked.
    I guess they might get him if the defense bungles the case and jury sympathetic. My gut feel is it is weak, too technicality... but, they got Capone
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  • HHusky
    HHusky Member Posts: 23,904
    AOG said:

    HHusky said:

    AOG said:

    I found a reference https://law.justia.com/codes/new-york/2019/pen/part-3/title-k/article-175/175-10/

    I think the weak part of this is the "an intent to commit another crime or to aid or conceal the commission thereof." It's a crime to jaywalk... the prosecution will fail to show the link

    They might fail to show the link beyond a reasonable doubt.

    Edwards got away with it. Jury deadlocked.
    I guess they might get him if the defense bungles the case and jury sympathetic. My gut feel is it is weak, too technicality... but, they got Capone
    It is the least compelling of the many prosecutions Daddy will face.
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  • HHusky
    HHusky Member Posts: 23,904
    Bob_C said:

    RaceBannon said:

    34 COUNTS

    FELONIES











    Not available in every state
    Some restrictions may apply
    An indictment is not a conviction
    All people on this show are presumed innocent until proven guilty

    You forgot that if found not guilty that doesn't exonerate him.
    Juice! Juice! Juice!
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