Grand Jury Proceedings NY. White Collar Crime

[MagsBay]

What is the name of your state? New York
legally sufficient grand jury
evidence.
if I am reading the rules correctly, every element of the charged crime must be satistied at the Grand Jury.

non violent minor white collar crime, offering a false instrument for filing. No other charges. No motive, no gain.

am I correct that intent must have been shown to the grand jury as intent is an element of the charge?
appreciate any help and advice here. Thank you.

 

[Just Blue]

What is the name of your state? New York
legally sufficient grand jury
evidence.
if I am reading the rules correctly, every element of the charged crime must be satistied at the Grand Jury.

non violent minor white collar crime, offering a false instrument for filing. No other charges. No motive, no gain.

am I correct that intent must have been shown to the grand jury as intent is an element of the charge?
appreciate any help and advice here. Thank you.

Do you have an attorney?

 

[quincy]

What is the name of your state? New York
legally sufficient grand jury
evidence.
if I am reading the rules correctly, every element of the charged crime must be satistied at the Grand Jury.

non violent minor white collar crime, offering a false instrument for filing. No other charges. No motive, no gain.

am I correct that intent must have been shown to the grand jury as intent is an element of the charge?
appreciate any help and advice here. Thank you.

Is this a matter you are currently involved in, or are you just curious?

If intent is an element of the crime, intent must be shown.

 

[MagsBay]

doing research

 

[quincy]

doing research

Is this research for a class or for a friend or just for your own education?

 

[MagsBay]

Offering a false instrument for filing NY Penal Law 175.35 in the first degree is a class E felony, the lowest grade of felony in NY.
intent is a component of this charge. Indeed, it is the component as without intent, well, there is no true crime.
it is the Grand Jury presentation that I am interested in, legally sufficient evidence. Must intent be shown at the Grand Jury to enable a DA to seek indictment.
thank you both for your views and follow up questions.

 

[MagsBay]

Is this research for a class or for a friend or just for your own education?

Is this research for a class or for a friend or just for your own education?

retired paralegal. Trying to figure outa puzzling case.

 

[quincy]

Read through the following and see if it answers your question:

https://www.nycourts.gov/judges/cji/2-PenalLaw/175/175.35.pdf

 

[zddoodah]

The Grand Juror's Handbook, published by the New York State Unified Court System, will probably answer all of your questions.

This similar document, published by the New York County Lawyers Association, may also provide some helpful information.

 

[quincy]

And here is an additional link with information presented in a way that might be easier to digest:

https://www.justice.gov/usao/justice-101/charging

 

[Litigator22]

doing research

These treatments should be helpful.

Grand Jury Proceedings in the State of New York
https://www.nycla.org/siteFiles/sitePages/sitePages530_0.pdf

Criminal Intent (scienter)
https://legaldictionary.net/criminal-intent/

 

[MagsBay]

Found the “smoking gun”. Which was false testimony before the Grand Jury.
thank you all for your replies and advice.

 

[quincy]

Found the “smoking gun”. Which was false testimony before the Grand Jury.
thank you all for your replies and advice.

I am happy you were able to find what you were looking for.

We all appreciate the thanks, MagsBay, so thank you.