A business owner or employee tasked with recordkeeping has a legal obligation to ensure that all records are accurate. Failure to maintain factual records with the purpose of deceiving or injuring another is a crime under New Jersey law. Falsifying or tampering with records is an indictable offense (felony) and can result in prison time and a hefty fine.
What Are the Penalties for Falsifying Business Records in NJ?
This offense can be charged as a fourth-degree or third-degree offense. Falsifying business records in the fourth degree can result in a prison sentence of 18 months and a fine of up to $10,000 upon conviction. If charged as a crime of the third degree, one can be sentenced to 3 to 5 years in prison plus a fine of $15,000. The difference in severity depends on the type of records that have been tampered with. Falsifying or tampering with financial records is a third-degree crime. All other types of records are considered fourth-degree.What Is Considered Criminal Falsification of Business Records in New Jersey?
New Jersey does not prosecute any minor error in recordkeeping. The statute which defines criminal falsification and tampering of records states that a person can be charged if a record is altered, destroyed or concealed “with purpose to deceive or injure anyone or to conceal any wrongdoing.” With respects to financial records, prosecutors must prove that the accused:- Knowingly made or uttered a written instrument which purports to describe the financial condition or ability to pay of some person and which is inaccurate in some substantial respect; or
- Represented in writing that a written instrument purporting to describe a person's financial condition or ability to pay as of a prior date is accurate with respect to such person's current financial condition or ability to pay, whereas, he knows it is substantially inaccurate in that respect.