NY Penal Law § 170.10: Falsifying Business Records in the First Degree

Under this statute, a person is guilty of falsifying business records in the first degree if they, with the intent to defraud, make or cause a false entry in the business records of an enterprise, or alter, destroy, conceal, or remove any such record. The enterprise can be any type of organization, including corporations, partnerships, non-profit organizations, and government agencies.

The statute is designed to protect the integrity of business records and prevent fraudulent activities that could harm individuals, organizations, or the public. Examples of conduct that may be covered under this statute include falsifying financial statements, tampering with accounting records, or concealing information to misrepresent the true financial or operational condition of a business.

The offense of falsifying business records in the first degree carries potential penalties, including imprisonment, fines, and restitution. The severity of the penalties may depend on the nature and extent of the falsification, as well as the defendant's criminal history. It serves as a deterrent against fraudulent practices in business and emphasizes the importance of maintaining accurate and honest business records in compliance with the law.

People v. Mark Rodriguez, 98 A.D.3d 871 (2d Dept. 2012). In this case, the defendant, Mark Rodriguez, was the manager of a rental car company. He was charged with falsifying business records in the first degree (PEN § 175.10) for altering rental agreements to reflect that optional insurance had been declined by customers, when in fact the insurance had been added without the customer's knowledge or consent. The prosecution argued that Rodriguez did this in order to increase the profits of the company. Rodriguez was found guilty and sentenced to a term of imprisonment of one to three years.

People v. Jane Chen, 76 Misc. 3d 407 (N.Y. Sup. Ct. 2020). In this case, the defendant, Jane Chen, was the CFO of a large corporation. She was accused of falsifying business records in the first degree, a Class E felony in New York. The prosecution alleged that Chen altered financial records of the company to reflect false revenue numbers, in order to mislead investors and shareholders about the financial health of the company and boost its stock price. She was found guilty of the charge of falsifying business records in the first degree and was sentenced to a term of imprisonment of two to four years. Chen was also ordered to pay restitution to the victims.

1. Falsifying business records in the second degree: New York Penal Law section 170.05
2. Tampering with public records in the second degree: New York Penal Law section 170.20
3. Tampering with public records in the first degree: New York Penal Law section 170.25

In New York, a class E felony is punishable by a maximum sentence of up to four years in prison, and a fine of up to $5,000. However, the exact penalty will depend on the specific the circumstances of the case and a range of factors, including the defendant's criminal history, and other mitigating or aggravating circumstances.

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.

Falsifying business records in the first degree is a class E felony.

Given the seriousness of the charge and the potential legal repercussions, if you are charged with falsifying business records in the first degree, it is essential to seek the assistance of an experienced New York criminal lawyer who can provide legal guidance and representation throughout the process, ensuring that your legal rights are protected. With over 20 years of experience, Stephen Bilkis & Associates has the knowledge and resources to thoroughly analyze the facts of the case, challenge the evidence, and explore potential defenses or mitigating factors. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, and Westchester County.