Trump indicted over hush money payments in Stormy Daniels probe

Discussion in 'Current Events' started by Egoboy, Mar 30, 2023.

  1. Bush Lawyer

    Bush Lawyer Well-Known Member

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    NY Penal Law 175.10.
     
  2. CornPop

    CornPop Well-Known Member

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    Did you read it? Because it doesn't say that. In fact, there's two additional variables that must also be true for it to apply.

    To quote an intelligent post: "Oh.....ummmm......roight..........Ima convinced!"
     
    Last edited: Apr 13, 2023
  3. Bush Lawyer

    Bush Lawyer Well-Known Member

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    Of course I read it.
     
  4. yardmeat

    yardmeat Well-Known Member

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    Which is why you know it is a crime and why @CornPop doesn't.
     
    The Mello Guy and bx4 like this.
  5. CornPop

    CornPop Well-Known Member

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    Try reading it again slower.
     
  6. CornPop

    CornPop Well-Known Member

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    Simply falsifying a business record is not.
     
  7. yardmeat

    yardmeat Well-Known Member

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    Please follow your own advice.
     
  8. yardmeat

    yardmeat Well-Known Member

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    Yes, it is a crime under NY law. I look forward to your pivots when you realize you are wrong about this.
     
  9. CornPop

    CornPop Well-Known Member

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    LOL. It amazes me that people struggle so mightily with this basic legal principle. It explains a lot.
     
  10. yardmeat

    yardmeat Well-Known Member

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    When you are done speaking into the mirror, feel free to join the thread.
     
  11. CornPop

    CornPop Well-Known Member

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    I already disproved the statute presented a couple posts above. Feel free to read it, then re-read the statute. You can admit you were wrong whenever you're ready.
     
    Last edited: Apr 13, 2023
  12. yardmeat

    yardmeat Well-Known Member

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    Your claim was that falsifying business records is not a crime in NY. That is false. Surely you've done enough homework to understand that now. Hint: try looking up both first degree and second degree. Here comes that excuse I predicted.
     
    Last edited: Apr 13, 2023
  13. CornPop

    CornPop Well-Known Member

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    No, my claim was that simply falsifying the record is not a crime. It isn't. Let's be honest. You can admit you were wrong whenever you want.
     
    Last edited: Apr 13, 2023
  14. yardmeat

    yardmeat Well-Known Member

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    Falsifying a business record is a crime in NY. Please read. It isn't necessarily a felony (in the first degree) but it is at least a misdemeanor (in the second degree). Let's be honest. You can admit you were wrong whenever you want.
     
  15. CornPop

    CornPop Well-Known Member

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    No it is not. Read the misdemeanor statute. And the felony statute has two additional elements that must be true. I've explained this to you already.
     
    Last edited: Apr 13, 2023
  16. yardmeat

    yardmeat Well-Known Member

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    I have. Take your own advice.
     
  17. CornPop

    CornPop Well-Known Member

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    Yikes. Sad!

    This is very, very basic. If this concept is being lost it says a lot.
     
    Last edited: Apr 13, 2023
  18. Bush Lawyer

    Bush Lawyer Well-Known Member

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    It is not a crime...it is a misdemeanor, read NY Penal Law 175.
     
  19. yardmeat

    yardmeat Well-Known Member

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    Literacy doesn't normally make me sad, but you do you.
     
  20. CornPop

    CornPop Well-Known Member

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    Quoting this for posterity.
     
  21. yardmeat

    yardmeat Well-Known Member

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    A misdemeanor is still a crime, though.
     
  22. yardmeat

    yardmeat Well-Known Member

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    Are misdemeanors not crimes?
     
  23. CornPop

    CornPop Well-Known Member

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    I spelled this out in the post that started this conversation and I've explained it here as well. Let me help you two out before this gets even crazier and you guys start saying felonies aren't crimes.

    The misdemeanor statute has a secondary element that must be proven for it to be a crime. It must be made to commit fraud or during an attempt to commit fraud.

    The felony statute requires that additional element of the misdemeanor statute as well as that secondary fraud element being done with the intent to commit, aid, or conceal another crime.

    Simply falsifying a record is not a crime on its own.
     
    Last edited: Apr 13, 2023
  24. Bush Lawyer

    Bush Lawyer Well-Known Member

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    Incorrect. The falsifications needs to be accompanied with an intent to defraud.
     
  25. CornPop

    CornPop Well-Known Member

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    You can't commit fraud without intent. It's redundant. But, I'm glad you're finally catching up.

    Edit: typo, meant to type intent and not "attempt"

    Touche sir!
     
    Last edited: Apr 13, 2023

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