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  1. #1
    Join Date
    Aug 2008
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    2

    Default Falsifying Official Records

    My question involves criminal law for the state of: Tampa, FL

    Location: Florida Tampa

    I have retired since but I'm a paranoid lady who has never been in trouble and believe it will be an issue in the near future

    Ok here i go . I use to work for an Agency that did work that involved Official Documents. We had many issues with the place where Documents would be lost
    While going through the proper channels but in the end the finger would always be pointed at you to forward another copy. Now the policy at the time was
    To make copy's and hold on to them but I'm very disorganized and any copy's I had made at the time had been destroyed do to unforeseen circumstances.

    Now with that said If we didn't have a copy we would have to recreate it through Notes, An online data base (Was no help at all), or Memory. I believe I have a good memory of the incident so I could pretty much recreate that part for the most part and I did have notes but they where all clumped together so I would have to try to
    Figure out which notes went to what. If all else failed you could just place on the back of the document the reason why it couldn't be generated but that
    Would hurt the people when they wanted these records so I would never do that. So if I had a record that was lost when it went thru channels I would use notes and
    My memory to recreate it and it would be forwarded through channels properly!!!

    Now No one who I wrote the documents for has ever complaint to me about any errors but also most never come and pick these records most of the time so have no way of seeing if they are correct either.


    Now here is the question did I break the law? I have posted copies of the statue and a response I got from another poster on two another forum.
    there is a strong possibilty that i might have made honest to god mistakes that where not influenced by any "corrupt intent" , mislead anyone, or avoid any circumstance what so ever I was just trying to do my job with the knowledge and tools i had at the time.


    I don't want to be charged with Falsifying official records if I believe I did the right thing. I also HAD the power to correct any mistakes that were found and would do so if someone had pointed out mistakes or incorrect information.

    With that said please help a poor girl out so i can finally stop worrying about something i shouldn't

    Love
    Kate Homes
    __________________________________________________ __________________________________

    Statue:

    (1) Except as provided in subsection (2), if any judge, justice, mayor, alderman, clerk, sheriff, coroner, or other public officer, or employee or agent of or contractor with a public agency, or any person whatsoever, shall steal, embezzle, alter, corruptly withdraw, falsify or avoid any record, process, charter, gift, grant, conveyance, or contract, or any paper filed in any judicial proceeding in any court of this state, or shall knowingly and willfully take off, discharge or conceal any issue, forfeited recognizance, or other forfeiture, or other paper above mentioned, or shall forge, deface, or falsify any document or instrument recorded, or filed in any court, or any registry, acknowledgment, or certificate, or shall fraudulently alter, deface, or falsify any minutes, documents, books, or any proceedings whatever of or belonging to any public office within this state; or if any person shall cause or procure any of the offenses aforesaid to be committed, or be in anywise concerned therein, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

    __________________________________________________ __________________________________
    Response from another poster:

    I've read some case law in the past on this here is the good news. As long as you had "No criminal Intent" to cover or conceal any Crime or misconduct you can't be charged with this statue. Now with that said you could be disaplined by your job or terminated if it is really serious, but reading your comment it appears you no longer work there.

    Now i could be wrong and i'm willing to be corrected. Here is a paragraph from Case law in florida ref. this statue.

    The FPAA would show the Criminal Rules Committee that inquoting from s. 839.13, Fla. Stat. (2006), the FPDA left out a criticalrequirement of the statute, i.e., that the falsification of the court records must be done with a “corrupt” intent. Such an intent requires that the act be done “dishonestly for a wrongful purpose.” See s. 838.014(4), Fla. Stat. (2006). This is precisely why this Court committed no crime when it approved the creation of false court records in two criminal investigations involving members of the judiciary in the Eleventh Judicial Circuit (Operation Court Broom and State v. Howard Gross).2Similarly because there was no criminal intent, any temporary alterations of the court record were not illegal. See, e.g., United States v. Murphy, 768 F.2d 1518, 1528-29 (7th Cir. 1985).

    As i said you should be ok but i suggest you try to keep better records. As mistakes can happen.

    I'm not a lawyer so if i got something wrong please correct me and ill edit it for you.

    Regards,
    A Defender of the innocent

    __________________________________________________ ______________________________

    Coral Gables City Manager David Brown admitted in court Wednesday that he tried to keep public records from a local columnist who had uncovered questionable charges on his city-issued Visa and said it was an error of judgment.

    ''Sometimes in life you want a do-over,'' Brown told Miami-Dade Judge Beth Bloom.

    ''The allegations are true and correct,'' Brown said, adding that he had to ``stand up and take responsibility.''

    Brown said he had tried to keep receipts and statements from his procurement card purchases from George Volsky, a columnist with the weekly Coral Gables Gazette who first questioned his spending, until he could add two new receipts for pricey lunches with wine that were backdated to show he had reimbursed the city months earlier.

    The manager was not charged with falsifying documents for the bogus receipts but rather with a civil violation of state public records laws. Brown, who makes about $175,000 a year, must pay a $500 fine and $2,100 for the cost of the investigation.

    In court Wednesday, Volsky said ``the real victims are the residents of Coral Gables. Because the public through the press . . . was prevented from obtaining city records. Those records were willfully forged by Mr. Brown, who ordered a subordinate to participate in the forging process, and then willfully attempted to hide these documents.''

    Michael Band, Brown's attorney, said ``We don't care. He's had his vindictive moment and he's savoring it.''

    Volsky told The Miami Herald outside the courtroom that the charges were not sufficient.

    ``He violated the trust of the people.''

    Assistant State Attorney Howard Rosen said there was no criminal intent in the act.

    ''It was not even necessary that he submit these receipts,'' Rosen had earlier told The Miami Herald on Tuesday, adding the manager was only motivated by the animosity between him and the columnist. ``His motivation wasn't to cover up a crime.''
    Band told The Miami Herald outside the courtroom that the charge fit the act.

    ''He made a simple error in judgment. The state doesn't believe it's a serious violation,'' the attorney said. ``It's much like a traffic ticket.

    ``It's a reasonable, rational resolution.''



    Don't know how this might relate to you but read the highlighted parts most likely ur ok i think

    your welcome :P
    __________________________________________________ _________

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