We got 'im now!®
Maybe, maybe not. Right now, they are looking at a charge of falsifying business records, which in NYC, is a misdemeanor. However, there is an attachment to that law that allows for a felony charge, if that action is taken in the commission of another crime. I don’t know whether they would be allowed to refer to a federal offense. Perhaps someone here, with more legal knowledge, would know.
It’s obviously a political maneuver. However, one thing you cannot say about the Democrats is that they don’t work all the angles or give up. Look at some of the other threads in this category. People are bemoaning the fact that criminal referrals were submitted and not acted upon. Some think that the AG is just skipping the penny ante stuff and saving it for the big charges. I think they’re in for more disappointment, down the road.