Falsifying business records in Rochester is one of the easiest white collar crimes to inadvertently commit because it covers an almost endless number of scenarios, for example: submitting false time sheets, altering medical records, or receiving unemployment benefits when you are not eligible for such. In New York falsifying business records is separated into two degrees. Even being convicted of the lessor degree can severely hinder an individual’s ability to find employment in the future because often times the facts surrounding an offense such as this occur at an individual’s place of employment.

To convict an individual of falsifying business records in New York, the government must prove beyond a reasonable doubt that a person made or caused a false entry, tampered with a true entry, omitted a true entry (which the person knew he or she had a duty to enter), or prevented or caused the omission of a true entry, of a business record of an enterprise.

[1] For purposes of this offense, the term “enterprise” is broad, meaning any person or group of persons engaged in any organized activity where regular records or kept.[2] The actual definition of business record however, is more narrowly tailored. For purposes of this offense a business record is a record that is “kept or maintained” by the enterprise for the specific purpose of “evidencing or reflecting” its condition or activity.[3]

Falsifying business records in the 2nd degree (PL 175.05) is elevated to falsifying a business record in the 1st degree (PL 175.10) when the individual falsifying the business record also has the intent to commit another crime, for example larceny.

Falsifying business records in the 2nd degree is classified as an “A” misdemeanor, and is punishable by either one (1) year in jail or three (3) years of probation, and with a fine of $1,000. Falsifying a business record in the 1st degree is an “E” felony, and is punishable by either up to four (4) years in prison or five (5) years of probation, and with a fine of $5,000.[4]

Falsifying Business Records 2nd Degree (PL 175.05) in Rochester

“A person is guilty of falsifying business records in the second degree when, with intent to defraud, he:

  1. Makes or causes a false entry in the business records of an enterprise; or
  2. Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or
  3. Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he knows to be imposed upon him by law or by the nature of his position; or
  4. Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise”

Falsifying Business Records 1st Degree in Rochester

“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”

Conclusion

While the prospect of possible jail or prison time is undesirable, the more severe consequence of a conviction for a white collar crime such as this is the effect on procuring future employment. The sad truth of the criminal justice system is that effects of a conviction are felt long after the terms of a sentence are satisfied. Future prospective employers will be able to see conviction for falsifying business records, and chances are will decline to hire an individual. This is due to both the name of the offense its’ self and because the circumstances surrounding falsifying business records usually occur at a place of employment. To avoid the effect on your ability to find future employment, it is necessary to have an experienced team of attorneys at your side. An experienced attorney will be able to protect your rights, and future, by questioning all the evidence the government presents against you, and taking advantage of any and all defenses that apply to you.

[1] New York Penal Law Section 175.05
[2] New York Penal Law Section 175.00(1)
[3] New York Penal Law Section 175.00(2)
[4] New York Penal Law Title E