Admittedly, it's with regard to a different statute (NYPL 175.35), but it appears that "intent to defraud" is not always defined so narrowly.
See People v. Taylor, 865 N.Y.S.2d 266, 268 (N.Y. App. Div. 2d Dept. 2008) ("And, while an intent to defraud is often for the purpose of gaining property or a pecuniary benefit, it need not be. See …
Admittedly, it's with regard to a different statute (NYPL 175.35), but it appears that "intent to defraud" is not always defined so narrowly.
See People v. Taylor, 865 N.Y.S.2d 266, 268 (N.Y. App. Div. 2d Dept. 2008) ("And, while an intent to defraud is often for the purpose of gaining property or a pecuniary benefit, it need not be. See People v. Kase, 1981, 53 N.Y.2d 989, 441 N.Y.S.2d 671, 424 N.E.2d 558, aff'g for reasons stated at 76 A.D.2d 532, 431 N.Y.S.2d 531. In Kase, a prosecution for the filing of a false instrument, an intent to defraud was found where a person intentionally filed a false statement with a public office for the purpose of frustrating the State's power to fulfill its responsibility to carry out faithfully its own law."), rev'd, 926 N.E.2d 591 (N.Y. 2010) (reversing because "intent to defraud" does not require reliance, as required by appellate division); see also People v. Taylor, 919 N.Y.S.2d 62, 63 (N.Y. App. Div. 2d Dept. 2011) (affirming conviction after reversal by Court of Appeals)
"Frustrating the State's power to fulfill its responsibility to carry out faithfully its own law" appears to be another hook of "intent to defraud." See Kase (citing Hammerschmdit). (Perhaps importantly, Hankin, when it quoted the definition of "intent to defraud" from Saporita, appeared to have omitted the last possibility: depriving someone of a "right").
All of this is to say, I totally agree that such a prosecution of falsifying business records (if that is indeed what it will entail) is by no means a slam dunk and very possibly a reach beyond the meaning and interpretation of "intent to defraud." And even if the State's theory of "intent to defraud" is correct, the unsettled nature of the law may pose notice issues.
Nevertheless, I'm curious how you view this idea of "intent to defraud" including depriving someone/the State of a "right" or preventing the State from fulfilling its responsibility to carry out faithfully its own law.
Admittedly, it's with regard to a different statute (NYPL 175.35), but it appears that "intent to defraud" is not always defined so narrowly.
See People v. Taylor, 865 N.Y.S.2d 266, 268 (N.Y. App. Div. 2d Dept. 2008) ("And, while an intent to defraud is often for the purpose of gaining property or a pecuniary benefit, it need not be. See People v. Kase, 1981, 53 N.Y.2d 989, 441 N.Y.S.2d 671, 424 N.E.2d 558, aff'g for reasons stated at 76 A.D.2d 532, 431 N.Y.S.2d 531. In Kase, a prosecution for the filing of a false instrument, an intent to defraud was found where a person intentionally filed a false statement with a public office for the purpose of frustrating the State's power to fulfill its responsibility to carry out faithfully its own law."), rev'd, 926 N.E.2d 591 (N.Y. 2010) (reversing because "intent to defraud" does not require reliance, as required by appellate division); see also People v. Taylor, 919 N.Y.S.2d 62, 63 (N.Y. App. Div. 2d Dept. 2011) (affirming conviction after reversal by Court of Appeals)
"Frustrating the State's power to fulfill its responsibility to carry out faithfully its own law" appears to be another hook of "intent to defraud." See Kase (citing Hammerschmdit). (Perhaps importantly, Hankin, when it quoted the definition of "intent to defraud" from Saporita, appeared to have omitted the last possibility: depriving someone of a "right").
All of this is to say, I totally agree that such a prosecution of falsifying business records (if that is indeed what it will entail) is by no means a slam dunk and very possibly a reach beyond the meaning and interpretation of "intent to defraud." And even if the State's theory of "intent to defraud" is correct, the unsettled nature of the law may pose notice issues.
Nevertheless, I'm curious how you view this idea of "intent to defraud" including depriving someone/the State of a "right" or preventing the State from fulfilling its responsibility to carry out faithfully its own law.
Thanks, see today's post for more on this. Randall