The idea that a rogue judge can exploit a rarely-used statute intended to prosecute real-life cases of fraud in order to bring down the leading presidential candidate should outrage all Americans, regardless of party affiliation.
New York’s anti-fraud statute in question, Executive Law 63(12), will be front and center in Judge Engoron’s decision this week. The statute is one of the most severe anti-fraud statutes in the country because it notably does not require a showing of intent to deceive to prove fraud.
That said, however, the few instances of case law on the books since the late 1950s, when the statute was first adopted, show how courts have interpreted the statute.
In every single case save one, courts have only ever found fraud where actual victims suffered from provable harms as a result of the fraud. (The lone exception was a business that wrote college admissions essays for students, in which […]
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