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FredHayek wrote: As New York proved, they will make a misdemeanor into a felony and also waive time limits to jail their political foes. Just like Beria. And Stalin.
Myth: Prosecutors stretched the law to convert a misdemeanor into a felony.
Response: Under New York law, a simple falsification of business records without any intent to commit or conceal another crime is a violation of the statute in the second degree, punishable as a misdemeanor.
An intent to conceal another crime is an aggravating factor that brings enhanced penalties, such as a felony. This law containing degrees of severity was enacted by the New York legislature, and it is a common way of structuring laws with escalating penalties for more egregious violations. (For example, penalties for federal drug offenses range from misdemeanors for simple possession to lengthy terms of imprisonment for aggravating factors based on quantity or intent to distribute.) The grand jury found probable cause of 34 violations in the first degree, and the trial jury found proof of these crimes beyond a reasonable doubt.
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