Keith Mack
Former US President Donald Trump is facing prosecution in New York for allegedly breaking campaign finance laws by paying hush money to Stormy Daniels and two other people to cover up stories of alleged extramarital flings. The payments were listed in business records as a legal expense payable to Michael Cohen, whereas the indictment alleges that they were actually to reimburse Cohen for the earlier, allegedly illicit, payment to Daniels.
| Characteristics | Values |
|---|---|
| Violation of law | Campaign finance laws |
| Violation of law | Federal election law |
| Violation of law | New York Penal Law §175.10 |
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What You'll Learn
Violation of federal election law
In 2018, Michael Cohen pleaded guilty to violating campaign finance laws by paying Stormy Daniels hush money, which he testified Donald Trump directed him to do. The payments were listed in business records as a legal expense payable to Cohen, whereas the indictment alleges that they were actually to reimburse Cohen for the earlier, allegedly illicit, payment to Daniels.
The charges against Trump have to do with the alleged cover-up of hush money payments that he orchestrated to Stormy Daniels and two other people to cover up stories of alleged extramarital flings that he had, and to make sure that they wouldn’t come out before the 2016 presidential election. The government is leaning primarily on violations of federal election law that place limits on the amount that an individual can contribute to a candidate. The theory is that Cohen, by fronting the money to Stormy Daniels, made an unlawful campaign contribution to Trump that also was not disclosed.
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Violation of campaign finance laws
Stormy Daniels, an adult film star, was allegedly paid hush money by Donald Trump to cover up stories of an extramarital affair. In 2018, Michael Cohen, Trump's former lawyer, pleaded guilty to violating campaign finance laws by paying Daniels. Cohen testified that Trump directed him to make the payment.
The payment to Daniels was listed in business records as a legal expense payable to Cohen. However, the indictment alleges that the payments were actually to reimburse Cohen for the earlier, illicit payment to Daniels. This falsification of business records is a felony under New York state law.
The government is arguing that Cohen's payment to Daniels constituted an unlawful campaign contribution to Trump that was not disclosed. This would be a violation of federal election law, which places limits on the amount an individual can contribute to a candidate.
The prosecution of Trump in New York includes 34 felony counts of falsifying business records in the first degree. Each count is related to a specific business document, dated between February 14 and December 5, 2017. These documents are alleged to be related to Trump's payment to Daniels as hush money.
The case against Trump hinges on the intent of the payoff to Daniels. If it is proven that Trump intended to conceal the payment and that it was made to influence the 2016 presidential election, he could be found guilty of violating campaign finance laws.
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Falsifying business records
In 2024, former US President Donald Trump was charged with 34 felony counts of falsifying business records in the first degree, in violation of New York Penal Law §175.10. Each count is related to a specific business document, each having a date ranging from February 14 through December 5, 2017. The allegedly falsified documents are related to Trump's payment to Stormy Daniels as hush money.
Under New York Penal Law § 170.10, 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 organisation, including corporations, partnerships, non-profit organisations, and government agencies. The statute is designed to protect the integrity of business records and prevent fraudulent activities that could harm individuals, organisations, 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.
In the case of People v. Jane Chen, 76 Misc. 3d 407 (N.Y. Sup. Ct. 2020), 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.
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Unlawful campaign contribution
In 2018, Michael Cohen pleaded guilty to violating campaign finance laws by paying Stormy Daniels, testifying that he did so at the direction of Donald Trump. Cohen's payment to Daniels was an unlawful campaign contribution to Trump that was not disclosed. The payment was listed in business records as a legal expense payable to Cohen, whereas the indictment alleges that they were actually to reimburse Cohen for the earlier, allegedly illicit, payment to Daniels. This is a felony under New York state law, which requires that the "intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof".
The charges against Trump relate to the alleged cover-up of hush money payments to Stormy Daniels and two other people to prevent stories of alleged extramarital flings from coming out before the 2016 presidential election. The government is arguing that these payments violated federal election law, which places limits on the amount that an individual can contribute to a candidate.
The prosecution of Trump in New York centres on 34 felony counts of falsifying business records in the first degree, in violation of New York Penal Law §175.10. Each count is related to a specific business document, each having a date ranging from February 14 through December 5, 2017. The allegedly falsified documents are related to Trump's payment to Stormy Daniels as hush money.
The case against Trump hinges on the intent of the payoff to Stormy Daniels. If it is proven that Trump intended to violate campaign finance laws by making hush money payments, he could face criminal charges. The outcome of the trial will depend on the evidence presented and the arguments made by the prosecution and defence.
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Intent to defraud
The charges against Donald Trump in relation to Stormy Daniels centre on alleged hush money payments to cover up stories of extramarital flings. The payments were allegedly orchestrated by Trump to ensure that the stories wouldn't come out before the 2016 presidential election.
The payments were made by Michael Cohen, who pleaded guilty in 2018 to violating campaign finance laws by paying Daniels, testifying that Trump directed him to do so. Cohen's payment to Daniels is considered an unlawful campaign contribution to Trump that was not disclosed.
The indictment charged Trump with 34 felony counts of falsifying business records in the first degree, in violation of New York Penal Law §175.10. Each count relates to a specific business document, dated from February 14 through December 5, 2017. The allegedly falsified documents are related to Trump's payment to Stormy Daniels as hush money. The payments were listed in the business records as a legal expense payable to Michael Cohen, whereas the indictment alleges that they were actually to reimburse Cohen for the earlier, allegedly illicit, payment to Daniels.
Under New York state law, falsifying business records in the first degree is a felony that requires that the "intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof".
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Frequently asked questions
Trump was charged with 34 felony counts of falsifying business records in the first degree, in violation of New York Penal Law §175.10.
The allegedly falsified documents were related to Trump's payment to Stormy Daniels as hush money.
The hush money was to cover up stories of alleged extramarital flings that Trump had, and to make sure that they wouldn’t come out before the 2016 presidential election.
Michael Cohen, who pleaded guilty in 2018 to violating campaign finance laws by paying Daniels, which he testified Trump directed him to do.
It is unclear what the outcome of the trial was, but it is ongoing as of 2024.
