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New York v. Trump is a civil investigation and lawsuit by the office of the New York Attorney General (AG) alleging that individuals and business entities within the Trump Organization engaged in financial fraud by presenting vastly disparate property values to potential lenders and tax officials, in violation of New York Executive Law § 63(12).
Kimbrough v. United States, 552 U.S. 85 (2007), was a United States Supreme Court case in which the Court confirmed that federal district judges utilize, in an advisory (not as law) fashion, Federal Sentencing Guidelines, in cases involving conduct related to possession, distribution, and manufacture of crack cocaine.
Under New York law, "in any prosecution for falsifying business records, it is an affirmative defense that the defendant was a clerk, bookkeeper or other employee who, without personal benefit, merely executed the orders of his or her employer or of a superior officer or employee generally authorized to direct his or her activities." [6]
The Hobbs Act's definition of "extortion" was "copied from the New York Code substantially." [75] The New York extortion law provided: "Extortion is the obtaining of property from another, or the obtaining the property of a corporation from an officer, agent, or employee thereof, with his consent, induced by a wrongful use of force or fear, or ...
The exception to this rule occurs when the court determines that such use would violate the ex post facto clause of the Constitution – in other words, if the sentencing guidelines have changed so as to increase the penalty "after the fact", so that the sentence is more severe on the sentencing date than was established on the date that the ...
People v. Trump Court New York Supreme Court Full case name The People of the State of New York v. Donald J. Trump Submitted March 30, 2023 Started April 15, 2024 Decided May 30, 2024 Verdict Guilty on all counts Charge First-degree falsifying business records (34 counts) Citation IND-71543-23 Case history Subsequent action Sentence of unconditional discharge Court membership Judge sitting ...
The Martin Act (New York General Business Law article 23-A, sections 352–353) [1] is a New York anti-fraud law, widely considered to be the most severe blue sky law in the country. [2] Passed in 1921, it grants the Attorney General of New York expansive law enforcement powers to conduct investigations of securities fraud and bring civil or ...
New York Executive Law § 63(12), sometimes called simply "63 12" or "63(12)", [2] is a New York law that gives the Attorney General of New York broad powers [3] to investigate and prosecute cases of alleged civil fraud.