- the entry made in the business records is false.
AND
- the entry is made with intent to commit or conceal another crime.
BOTH elements have to be present. The alleged "indictment" only states one of the two elements of the offense. Nowhere in the 16 pages is the second element identified -- either as an allegation (e.g. a charge against a person; that is, a pending criminal prosecution) or a conviction for a criminal offense that occurred.
The NY DA said in his "presser" he doesn't have to specify. That's false; an indictment is a formal charge of a specific crime and the elements of the offense must be pled. This is literal first-semester law school stuff; even a traffic citation has to specify the elements of the alleged offense. You prove the alleged elements at trial but you must identify all of the elements required to evidence a crime in the indictment.
There are two elements to this offense:
- the entry made in the business records is false.
AND
- the entry is made with intent to commit or conceal another crime.
BOTH elements have to be present. The alleged "indictment" only states one of the two elements of the offense. Nowhere in the 16 pages is the second element identified -- either as an allegation (e.g. a charge against a person; that is, a pending criminal prosecution) or a conviction for a criminal offense that occurred.
The NY DA said in his "presser" he doesn't have to specify. That's false; an indictment is a formal charge of a specific crime and the elements of the offense must be pled. This is literal first-semester law school stuff; even a traffic citation has to specify the elements of the alleged offense. You prove the alleged elements at trial but you must identify all of the elements required to evidence a crime in the indictment.