There are several important aspects of this offence. First, it is a specific intentional crime. This means that the accused must act intentionally, knowing that he is breaking the law. See United States v. Simpson, 460 F.2d 515, 518 (9th Cir. 1972). In addition, one case suggested that this specific intent requires the defendant to know that the documents in question are public documents. See United States v. DeGroat, 30 F. 764, 765 (E.D.Mich.
1887). While the nuances of each offence of tampering with public documents are discussed in the relevant sections above, it is important to recognize that this crime occurs in the context of a public authority and not in the private sector. While offering a fake filing tool often involves an external party filing a fraudulent record with a government agency knowing that the altered or falsified record will become part of a public record, falsification of public records is often done internally. Either way, it`s important to understand that if you intend to cheat (that intent doesn`t have to be an intention to make money), your crime will be elevated to a crime. This element, or lack thereof, is crucial when one is accused of NY PL 175.25 and defending oneself against them. Scraping or altering records without this intent gives prosecutors no reason to lay charges for this crime. However, because of the difference between the possible sentences between these two degrees, assistant prosecutors will certainly try to prove your intent to commit fraud through direct or circumstantial evidence to give them the opportunity to charge the most serious crime. The inclusion of a public registry or document is prohibited by 18 U.S.C.
§ 641. The destruction of these records may be effected under 18 U.S.C. § 1361. In both cases, however, it can be difficult to prove a loss of $100, a prerequisite for a conviction for a crime. As a result, none of these laws adequately protects government records. Equally important to your understanding of the elements is that there is a positive defense codified in the New York Penal Code. If you are an employee acting on the orders of a supervisor and you do not receive the benefit of altering the records in question, then you have not committed this crime. Because of your potential conviction for a felony or misdemeanor due to what may be quite insignificant behavior, it is important to question not only the basis and probable reason for your arrest, the legal basis for a police search, and your testimony, but all the elements of these crimes.
Basically, you can`t leave any proverbial stone unturned. Title 18 contains two other, somewhat narrower provisions relating to public documents. Section 285 prohibits the unauthorized receipt, use, and attempted use of documents, records, or records in connection with a claim against the United States for the purpose of obtaining payment of that claim. Section 1506 prohibits the theft, alteration, or falsification of records or proceedings in a U.S. court. Both sections are punishable by a fine of $5,000 or five years` imprisonment. 18 U.S.C. § 2071 (b) contains a similar prohibition specifically directed at custodians of public records.
Any custodian of a public record who “intentionally and unlawfully conceals, kidnaps, maims, falsifies or destroys (any document) is liable to a fine of not more than $2,000 or imprisonment for a term not exceeding three years, or both; and loses his position and is barred from holding any position in the United States.” Although the scope of the acts prohibited in this paragraph is somewhat narrower than that of paragraph (a), it provides for the additional penalty of disqualification from office vis-à-vis the United States. The required protection of government documents and records is provided by 18 U.S.C. § 2071. Section 2071(a) generally prohibits the destruction of government records or the attempted destruction of such records. This article provides that any person who, intentionally and illegally; hides, removes, maims, destroys or destroys; or attempts to hide, remove, maim, extinguish or destroy; or carried with intent to conceal, abduct, maim, destroy or destroy; Any record, proceeding, map, book, paper, document or other matter filed in the exercise of public office is punishable by three years` imprisonment, a fine of $2,000 or both. The acts prohibited in this article are defined in a broad sense. Essentially, three types of conduct are prohibited by 18 U.S.C. § 2071(a). These include: (1) concealment, abduction, mutilation, destruction or destruction of records; 2. any attempt to commit these prohibited acts; and (3) transporting records with the intent to conceal, remove, maim or destroy them.
It should be noted that all these acts involve either embezzlement or damage to public records. This led one court to conclude that the mere photocopying of these recordings does not violate 18 U.S.C. § 2071. See United States v. Rosner, 352 F. Supp. 915, 919-22 (N.D.N.Y. 1972). You may have entered incorrect information into a database while you were working. You have deleted or modified old claims documents.
Even though it seemed a bit insignificant in your job pattern, you changed some numbers on invoices or receipts. Yes, you knew or should have known it was wrong, but you would correct it as soon as possible. They simply fell into difficult times or had a momentary miscalculation. Before you could correct these mistakes, however, you were in your employer`s Midtown Manhattan office not only before the firing, but also before the NYPD threatened arrest and prosecution lawsuits. Whether you are arrested as soon as you are charged or you are the target of an investigation by law enforcement, you should expect that if your employer, the police, a district attorney or the attorney general believe and can prove that you intended to cheat, an arrest may be moments away. The legal language that determines the degrees of falsification of business documents has specifically defined elements and terms that not only can, but will, impact your case. For example, two of these words, “corporation” and “business record,” have specific meanings that you need to discuss with your lawyer. Simply, if you misdelete, alter, or save a company`s business records and do so with the intent to defraud, you have come into conflict with the offense. If you also intend to promote or cover up another crime, then you have committed the crime.
Very similar to the crime of falsifying business documents and offering a false filing instrument, the crimes of tampering with a public record are always unique and have their own possible penalties. While NY PL 175.20 is an offense punishable by up to one year in prison (Rikers Island or Westchester County Jail, for example), the arrest, charge, and conviction for NY PL 175.25 are much more serious. The latter crime carries a sentence of up to seven years in state prison. There is no such thing as a “minor” crime in New York or anywhere else. Any crime, whether misdemeanor or felony, is a crime that will haunt you for the rest of your life. Anyone who believes that economic or fraud crimes are different in this respect is clearly wrong. As New York defense attorneys and former Manhattan prosecutors, we have seen on both sides of the law how those accused of white-collar crimes face the devastating effects of arrest, indictment, and conviction.