Since his indictment was unsealed, Donald Trump’s supporters and opponents have engaged in a fierce battle about whether the charges pursued by District Attorney Alvin Bragg represent typical white collar enforcement – or an unusual application of the law.
Data released by New York State provide ammunition for both sides of the argument.
Trump is charged with 34 counts of felony falsification of business records and New York City prosecutors have charged defendants with that crime hundreds of times in recent years. But it is rare for falsification of business records to be the “top” or most serious charge on an indictment.
Records from the New York Division of Criminal Justice Services show 10 years ago, 101 people were arrested in New York City in cases where the top charge was falsification of business records. But In 2022, just 39 people faced that top charge. And last year in Manhattan, only 2 people were arrested in cases where falsifying business records was the most serious charge.
"I mean normally you would have something where they’d be charged with greater offenses and then they’d work out a deal and maybe they’d wind up pleading to a misdemeanor or lower offense and that might be the business records charge," said Annemarie McAvoy, a former state and federal prosecutor. "The reality is that if you’re going after a big fish you to want to have some significant charges that you’re bringing."
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But the Manhattan DA’s office pushes back on any notion the charges against Donald Trump are anything but serious and the office offered statistics showing Bragg has made a priority of cracking down on white collar crime.
In Bragg’s first 15 months as DA, his team filed 166 felony counts for falsifying business records against 34 people or companies. Under former District Attorney Cy Vance, it took three years – between 2019 and 2021 - to charge about the same number of business record felonies.
In his news conference after Donald Trump was arraigned, Bragg underscored the importance of enforcing the law related to the integrity of business records.
“This charge can be said is the bread and butter of our white collar work,” Bragg said. “True and accurate business records are important everywhere. They are all the more important in Manhattan.”
Adult (18+) Arrests for Top Charge PL 175.05 and PL 175.10, 2013-2022
Source: DCJS, Computerized Criminal History File (as of 3/17/2023)
| 2013 | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | ||
| Falsify Business Records - 1st Degree | NYS Total | 405 | 304 | 422 | 360 | 359 | 362 | 335 | 139 | 151 | 166 |
| Non-NYC | 348 | 282 | 373 | 340 | 313 | 350 | 327 | 135 | 123 | 128 | |
| NYC | 57 | 22 | 49 | 20 | 46 | 12 | 8 | 4 | 28 | 38 | |
| Bronx | 8 | 3 | 8 | 5 | 8 | 3 | 3 | 0 | 4 | 0 | |
| Kings | 8 | 8 | 18 | 3 | 30 | 6 | 1 | 1 | 0 | 2 | |
| New York | 11 | 3 | 13 | 4 | 6 | 1 | 2 | 1 | 3 | 2 | |
| Queens | 20 | 6 | 10 | 6 | 2 | 2 | 1 | 2 | 21 | 34 | |
| Richmond | 10 | 2 | 0 | 2 | 0 | 0 | 1 | 0 | 0 | 0 | |
| Falsify Business Records - 2nd Degree | NYS Total | 78 | 69 | 90 | 84 | 50 | 70 | 46 | 31 | 26 | 24 |
| Non-NYC | 34 | 48 | 43 | 52 | 34 | 56 | 38 | 28 | 21 | 23 | |
| NYC | 44 | 21 | 47 | 32 | 16 | 14 | 8 | 3 | 5 | 1 | |
| Bronx | 3 | 1 | 3 | 9 | 5 | 1 | 3 | 0 | 0 | 0 | |
| Kings | 7 | 13 | 18 | 10 | 6 | 3 | 2 | 1 | 3 | 1 | |
| New York | 12 | 0 | 2 | 1 | 0 | 3 | 1 | 1 | 2 | 0 | |
| Queens | 20 | 2 | 22 | 8 | 2 | 7 | 0 | 1 | 0 | 0 | |
| Richmond | 2 | 5 | 2 | 4 | 3 | 0 | 2 | 0 | 0 | 0 |
