Post #18035 by albaby1 on the US Policy board

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Another attorney points out:

"...and let’s not forget that Trump can be found guilty if he simply knew about the scheme and authorized it or let it happen."

That's actually not correct.

Again, this is an intent provision attached to the falsifying business records crime. Falsifying business records is a misdemeanor - but if the intent to defraud was also done with the intent to commit another crime, or aid or conceal another crime, then it's a felony.

So the prosecution has to prove a little more than Trump simply knowing about the scheme, or authorizing it or letting it happen. They still have to prove that when Trump decided to make or cause the false entry in the business records, he did so with the intent of committing, aiding, or concealing the scheme. Mere knowledge is not enough.

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