Under New York Penal Law § 210.45, it is against the law for a person to knowingly make a false written statement on a legally authorized document, which includes a warning of notice that any false statements are punishable by law. This law is crucial to ensuring that the integrity of official documents is maintained and helping governmental, business, and legal operations function efficiently without fear of being deceived.
A person is considered to be guilty of committing this crime if:
- -They make a false statement in a written document knowingly.
- -The document has a clear legal warning that any false statements made are punishable.
- -While they are making this statement, they are aware that it is false.
The charge of making a punishable false written statement is commonly tied to official documents, such as government applications, tax forms, legal contracts, and affidavits. This offense can lead to criminal penalties, including potential time in jail and hefty fines, depending on the defendant’s criminal record and case severity.
Industries in New York and the Impact of False Written Statements
The economy of New York is made up of several crucial industries, all of which are deeply reliant on regulatory compliance, financial transparency, and accurate keeping of records. Major sectors in the state can be affected by New York Penal Law § 210.45 in the following ways:
Health Care & Social Assistance (19.4% of employment)
Social assistance organizations, hospitals, and healthcare providers commonly deal with patient consent forms, medical records, and insurance claims. Any false statements made on these documents, such as false medical records or fraudulent claims to Medicaid, can result in significant penalties, such as a loss of a medical license and criminal prosecution.
Professional & Business Services (14.7%)
The professional and business services sector involves real estate agencies, consulting firms, accounting businesses, and law firms, all of which are heavily reliant on accurate contracts, regulatory disclosures, and tax filings. Any falsified legal contracts, financial statements, or business reports could lead to investigations for fraud and criminal charges.
Educational Services (10.1%)
Educational services are made up of colleges, schools, and training institutions that deal with documentation such as employment records, grant applications, and student applications. Any misleading statements made on faculty employment documents, financial aid forms, or admissions applications could result in a loss of accreditation, expulsions, and potential legal action.
Leisure & Hospitality (9.7%)
The leisure and hospitality sector features tourism firms, restaurants, and hotels that commonly need documents like employment records, tax documentation, and permits. Any false statements that are linked to liquor licenses, employment eligibility, or health inspections could lead to the closure of a business, civil investigations, and even criminal charges.
Retail Trade (8.9%)
Retail firms commonly deal with records like employment documentation, supplier contracts, and tax returns, with integrity being key to the industry. Any false statements, such as erroneous inventory records, misrepresentation of wages, or an underreporting of sales taxes could result in regulatory fines or tax fraud charges linked to crimes under New York Penal Law § 210.45.
Financial Activities (7.8%)
Common documentation that investment companies, insurance firms, and banks deal with includes financial disclosures, securities filings, and loan applications. Any statements of a fraudulent nature, such as falsified insider trading reports or mortgage applications, may not only lead to charges under New York Penal Law § 210.45 but also federal criminal investigations.
Legal Consequences of Making a False Written Statement and How to Avoid Them
Individuals convicted under New York Penal Law § 210.45 could be facing substantial fines, restitution, probation, potential jail time, revocation of professional licenses, and a permanent criminal record. New Yorkers can take steps to avoid these legal issues by ensuring information is accurate before signing any documents, employing legal counsel to ensure compliance, and avoiding any pressure to falsify documents for financial gains.
FAQs
What Is Considered a Punishable False Written Statement Under New York Law?
A statement is considered to be a false written statement under New York Penal Law § 210.45 if a person makes a false statement knowingly in a written document that has a legally authorized warning stating that any erroneous statements may be punishable by law. If you have further questions, you should engage an experienced attorney for help.
What Are Common Examples?
Common examples include making statements on official government forms, like immigration applications, business permits, or tax returns, as well as falsifying financial statements like securities filings or loan applications. Additional examples include submitting insurance claims that are fraudulent in settings like business or healthcare. False information on legal documents such as court filings or affidavits also is an example.
How Does This Crime Impact Different Industries in New York?
Different industries in New York are significantly impacted by this crime, such as the Healthcare sector (19.4% of employment), where erroneous patient documentation, fraudulent Medicaid claims, and health insurance fraud could lead to criminal charges. This crime could also apply to contract misrepresentation, faulty tax filings, and fraudulent operational reports for the Business & Professional Services, which make up 14.7% of employment in the state.
What Are the Penalties for Making a Punishable False Written Statement?
The penalties for making a punishable false written statement include fines and restitution for financial damages, in addition to probation and the potential for jail time. Additionally, individuals with careers in medicine, finance, law, and real estate could lose their professional licenses. Finally, having a permanent criminal record from this crime could significantly impact future business and employment opportunities.
Defend Against Punishable False Written Statement Charges Today
Whether you are working in the retail, business, finance, or healthcare sector, it’s crucial for you and your organization to ensure that all official documents are accurate to avoid any allegations of fraud or legal repercussions.
If you are facing charges under New York Penal Law § 210.45, you could be dealing with severe legal and professional consequences. A skilled criminal defense attorney from the Law Offices of Robert Tsigler, PLLC, can help you fight back today. Contact us right away to learn more about how we can help.
