Judge Juan Merchan is carefully reviewing the legal definitions related to enterprise, business records, and intent in a recent fraud case. In his explanation, he emphasizes that a person is considered to act with intent to defraud when their conscious objective or purpose is to do so. It is not necessary to prove that the defendant intended to defraud a specific individual or entity; a general intent to defraud any person or entity is sufficient. Additionally, intent to defraud is not limited to depriving others of property or money but can extend to broader concerns beyond economic matters.
Merchan also highlights a crucial aspect of the law that elevates the charge to a felony level. For the crime of falsifying business records in the first degree, the intent to defraud must involve an intent to commit another crime or to assist in concealing the commission of another crime. While the prosecution must demonstrate an intent to commit or aid in another crime, it is not required to prove that the other crime was actually carried out, aided, or concealed.
