'Phony' checks and hush money payments: Breaking down Trump’s 34 charges in his New York criminal trial

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Manhattan District Attorney Alvin Bragg charged Trump in April 2023 with 34 counts of falsifying business records in the first degree.
Image: Former President Donald Trump
Former President Donald Trump, standing with attorney Todd Blanche at Manhattan Criminal Court in New York, on Tuesday.Mark Peterson / AFP - Getty Images

Former President Donald Trump faces 34 felony counts in the New York hush money trial that is expected to potentially wrap up as early as next week.

Manhattan District Attorney Alvin Bragg charged Trump in April 2023 with 34 counts of falsifying business records in the first degree. According to the indictment, 11 checks were issued from the Trump Revocable Trust and his personal bank account "for a phony purpose."

"Each check was processed by the Trump Organization and illegally disguised as a payment for legal services rendered pursuant to a non-existent retainer agreement," the Manhattan District Attorney's Office said.

"In total, 34 false entries were made in New York business records to conceal the initial covert $130,000 payment," prosecutors said, referring to the $130,000 payment that Michael Cohen made to adult film star Stormy Daniels in order to buy her silence on her allegation of a sexual encounter with Trump.

Prosecutors say that the "catch and kill" scheme involved 11 falsified invoices, 12 falsified general ledger entries and 11 checks falsely recording hush money repayments to Cohen as a "retainer."

Falsifying business records in the first degree is a class E felony, which can result in prison time of more than a year and up to four years per count. However, if Trump is convicted, he would be considered a first-time non-violent offender and therefore may not be sentenced to prison. Other punishments could include probation and fines of up to $5,000.

Lawyer Norm Eisen wrote in April that an analysis he conducted of the most recent data shows that one in 10 cases of falsifying business records cases results in imprisonment.

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