JUST IN: Donald Trump to be Charged with 34 FELONIES -- Falsifying Business Records

well according to Yahoo who just broke

an exclusive story on Donald Trump

Donald Trump tomorrow will be charged

with 34 counts of falsifying business

records this is a Class E felony in the

state of New York and it arises from

being able to couple a falsifying

business records misdemeanor as a tool

for covering up another potential crime

thereby elevating it to a felony for

example let's say you happen to conduct

a campaign Finance violation to pay

somebody hush money not to say bad

things about you during your campaign if

something like that were to happen it

would be a crime in itself and if then

in a filing you said you've never paid

hush money to someone else now you have

created a false document to represent

that another crime did not happen in

other words the other crime the original

crime may be enabled by the

falsification of business records as a

result that falsifying of business

records moves up from just a lie on a

form to now a lie on a form designed to

cover something else up which is now

elevated to the status of a felony now

many folks say this is just a political

Witch Hunt and my job here isn't to

provide a political opinion in one way

or another it does seem odd that you

have a democratic district attorney

who's made it very clear their goal is

to bring Donald Trump to Justice to

elevate such a section of the law to a

felony and bring Donald Trump to court

while at the same time many other

felonies including violent felonies

especially in Manhattan where the felony

conviction rate is less than 28 percent

heck the misdemeanor conviction rate is

less than 25

why if all of those other violent crimes

potentially fail to be prosecuted or or

downgraded is Donald Trump's elevator

well maybe it has to do with the sheer

severity by amount of documents that

potentially were falsified if there were

34 documents is it possible there's much

more to the story than meets the eye

that is a question that's circulating on

social media now individuals are

wondering wait a minute we thought this

was just about the hush money what are

the other 33 things for now if all 34 of

those counts are just because of hush

money payments well individuals might

see this as more of a political Witch

Hunt related to just one thing Amplified

now 34 times if however these are 34

fraud allegations against 34 different

things 33 of which maybe we don't even

yet have all the details on then perhaps

this could be a little nerve-wracking

for Donald Trump and also his supporters

let's take a quick look at what this

section is by the way of the New York

penal code that he might be getting in

trouble with let's take a look here so

here this is from a Asylum Law Group who

wrote this piece and they write what a

first degree falsifying business record

felony looks like and here it says

a Class E felony via Penal Code 17510 is

no minor matter in fact upon conviction

a judge has the discretion to sentence

you to multiple years in prison even if

you have no criminal history that means

Donald Trump could potentially if

convicted against 34 counts of these

crimes face time or potentially multiple

years in prison far from a trifle

accusation should you find yourself

charged with this offense or facing the

prospect of a grand jury indictment or

trial grand jury indictment is what just

happened with Donald Trump a grand jury

found Donald Trump at least that there

was enough found that there was enough

evidence to bring charges against Donald

Trump now a first degree falsifying

business records definition sets

falsifying business direct records in

the first degree occurs when you violate

any of the four subsections of the

Lesser misdemeanor ascents and an

assistant district attorney can prove

Beyond A Reasonable Doubt additional

elements coupling the crime of the

misdemeanor falsifying business records

prosecutors must establish that you had

the quote this is a very important line

here intent to defraud others and

further your criminal intent to hide the

commission of another crime was present

in other words you not only lied on

documents which was an attempt to

defraud but you did so in conjunction

with another crime now prosecutors here

are going to have to prove that Donald

Trump knew what he was doing was

fraudulent that is did an employee do

this did Michael Cohen do this or did he

direct this so they would have to prove

that he was responsible then they would

have to improve intent to defraud

someone those are two very important

barriers that prosecutors and therefore

the jury will have to evaluate now

because of this additional offense

requirement it is routine practice for

prosecutors to charge potentially more

serious transgressions along with this

at the time of arrest in other words

usually you're not just going to get

falsifying business records you're going

to get a lot of other charges as well in

this case so far according to the

exclusive from Yahoo it looks like we

might only be facing 34 counts of

falsifying business records which in

that case would be very unique and

somewhat unprecedented but then again

everything about this is somewhat

unprecedented and unique and kind of

makes me want to remind you about the

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fantastic anyway let's keep going with

this as briefly noted on the main page

of falsifying business records an

affirmative defense if that can be made

is that if the falsification was made by

an employee without the personal gain

mean at without personal gain in other

words the employee did so under the

direction of somebody else without any

kind of personal gain they might be able

to say hey hey I I did this because my

boss told me to like don't hold me

accountable to this but that's going to

be a difficult defense for Donald Trump

given that well the buck should stop

with Donald Trump but then again he

could also argue that well I didn't

direct it somebody else did it and I

didn't know about it any felony crime is

punishable or potentially sanctionable

by more than one year in jail this crime

is no exception they do however say

however if you have the right legal

Advocate you may be able to get a

sentence such as probation community

service or fines rather than

incarceration now they give an example

here they say you alter a spreadsheet uh

at the uh at your employer's business

the spreadsheet maybe includes items

received service is rendered so on

whatever information is on the

spreadsheets there's no dispute that

employers use these material as a

regular part of business with the mirror

alteration it may not be a felony so in

other words if you go and you change a

number maybe that's not a felony it's

definitely a crime but it's not a felony

and your employer claims you altered the

records now to cover up a 750 theft now

while that theft would only be petty

larceny of 750 dollars which is kind of

like a slap on the wrist because you

falsified business records and coupled

it with another misdemeanor now you have

yourself a Class E which is the lowest

degree of felony in New York but you

have a felony now of course if you then

stole more than a thousand dollars and

now you have grand larceny which could

even be a bigger crime bigger than a

class C felony well now you've got two

big problems but this just gives you a

hypothetical example of how this could

potentially look now Jack could you pass

me Karen no uh I would just like to

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Jack where did you get Karen get over

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find yourself Karen at their YouTube

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so thanks Jack you could buy a real one

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all right dude thanks man