A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
False Statement With In New York
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The New York Code lists three degrees of severity for making false statements in Sections 240.50, 240.55, and 240.60. Not only will the person who made the false statements face criminal penalties for their actions, but they may also owe civil damages to the accused.
That means the statute of limitations is five years. Falsifying business records is typically a misdemeanor, but it becomes a felony under New York Law if it was done to commit or conceal another crime.
It is critically important to recognize that Falsely Reporting an Incident can either be charged as a misdemeanor or a felony. As such, it is punishable by up to one year in jail and as much as up to seven years in state prison.
The New York False Claims Act (the “NYFCA”) makes it unlawful for any person to: (1) knowingly present, or cause to be presented, a false or fraudulent claim for payment or approval; (2) knowingly make, use, or cause to be made or used, a false record or statement material to a false or fraudulent claim; (3) knowingly ...
The FCA provides that any person who knowingly submits, or causes to submit, false claims to the government is liable for three times the government's damages plus a penalty that is linked to inflation .
NY False Claims Act (State Finance Law, §§187-194) It imposes penalties and fines on individuals and entities that file false or fraudulent claims for payment from any state or local government, including health care programs such as Medicaid.
Under this statute, a person is guilty of falsifying business records in the first degree if they, with the intent to defraud, make or cause a false entry in the business records of an enterprise, or alter, destroy, conceal, or remove any such record.
Forgery is the act of creating, replicating, or utilizing a “false instrument” with the intention to deceive others. This can involve various documents or items of value, such as passports, signatures, banknotes, artwork, or other valuable objects.
