Dec 22, 2024

Donald Trump Convicted of Falsifying Documents in Historic Verdict

by Lawrence J. Tjan | May 31, 2024
Former President Donald Trump sitting in a courtroom during his trial for falsifying business documents. Photo Source: Mark Peterson, Pool via AP

Former President Donald Trump was found guilty on Thursday of falsifying business documents in a New York court. The conviction marks the first time a U.S. president has been convicted of a crime. The 12-member jury deliberated for two days before pronouncing Trump guilty on all 34 felony counts related to a scheme to cover up a payment to silence a porn star ahead of the 2016 election.

In New York, the crime of falsifying business records is codified under New York Penal Law §§ 175.05 and 175.10, with two degrees of the offense: falsifying business records in the second degree (§ 175.05) and in the first degree (§ 175.10). The elements of falsifying business records in the second degree include the intent to defraud, which means the person must have intended to deceive or cheat someone. The person must either make or cause a false entry in the business records of an enterprise, alter, erase, obliterate, delete, remove, or destroy a true entry in these records, omit to make a true entry in violation of a duty to do so, or prevent the making of a true entry. This offense is classified as a Class A misdemeanor.

Falsifying business records in the first degree includes all the elements of the second degree but with an additional requirement: the person must have intended to commit another crime or aid or conceal the commission of another crime. This escalates the offense to a Class E felony. The essence of these laws is to maintain the accuracy and reliability of business records, which are essential for legal, financial, and operational integrity.

Trump was convicted of 34 counts of falsifying business records, a first-degree felony. The prosecution argued that Trump, with intent to defraud, made false entries in his business records to cover up a $130,000 payment to porn star Stormy Daniels. This payment, made through his former attorney, Michael Cohen, was allegedly intended to silence Daniels about an affair during the final weeks of the 2016 presidential campaign. The payment was recorded as legal fees, thus falsifying business records to conceal the true nature of the transaction. The jury found sufficient evidence to support Cohen's testimony and Trump's intent to commit another crime—specifically, violating campaign finance laws by concealing the payment as an illicit contribution to his campaign.

Justice Juan Merchan scheduled sentencing for July 11, just days before the Republican Party is set to formally nominate Trump for president ahead of the November 5 election. The crime of falsifying business documents carries a maximum sentence of four years in prison, though sentences often include fines or probation. Trump will not be jailed ahead of sentencing and will still be able to campaign and take office if elected.

After the verdict, Trump proclaimed his innocence, labeling the trial as rigged and stating, "The real verdict is going to be Nov. 5 by the people." His legal team plans to appeal the conviction as quickly as possible. Trump supporters gathered outside the courthouse to show their support, while opinion polls suggest the verdict could affect his support among independent and Republican voters.

The case centered on Trump's alleged efforts to suppress a story about a sexual encounter with porn star Stormy Daniels in 2006. Trump's former attorney, Michael Cohen, testified that Trump approved a $130,000 hush money payment to Daniels during the final weeks of the 2016 election. Cohen claimed that Trump reimbursed him through monthly payments disguised as legal fees.

Trump's lawyers attacked Cohen's credibility, highlighting his criminal record and history of lying. Despite these efforts, the jury found sufficient evidence to support Cohen's testimony.

The conviction comes at a critical time, as Trump is a leading candidate for the 2024 presidential election. The verdict is likely to be the only criminal conviction he faces before the election, as other legal cases against him are delayed. Trump faces multiple other legal challenges, including accusations of attempting to overturn the 2020 election results and mishandling classified documents.

Biden's campaign emphasized the principle that "no one is above the law," urging voters to reject Trump in the upcoming election. The White House has declined to comment on the case. Republican leaders, including House Speaker Mike Johnson, condemned the verdict, calling it a "shameful day in American history."

The conviction has plunged the United States into uncharted territory as it approaches the November election. If Trump were to win, he could potentially shut down federal cases against him but would have no power to halt state-level proceedings. Trump and his supporters have framed his legal troubles as politically motivated attacks by Democratic opponents.

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Lawrence J. Tjan
Lawrence J. Tjan
Lawrence is an attorney with experience in corporate and general business law, complemented by a background in law practice management. His litigation expertise spans complex issues such as antitrust, bad faith, and medical malpractice. On the transactional side, Lawrence has handled buy-sell agreements, Reg D disclosures, and stock option plans, bringing a practical and informed approach to each matter. Lawrence is the founder and CEO of Law Commentary.

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