This state law is a powerful one (and beloved of Mr Cuomo's predecessor as attorney-general, Eliot Spitzer), since it does not require proof of any intenttodefraud.
Whether criminal charges ultimately emerge is usually a function of intenttodefraud and whether the charges can be proven to the far higher criminal standard of beyond a reasonable doubt.
The Supreme Court has held that scienter the intenttodefraud is required under section 10b of the Securities and Exchange Act and Rule 10b-5, but is not required under 17(a)(2) and 17(a)(3).
The Martin Act is fierce in that it can preempt federal law and it does not require the New York Attorney General to prove that defendants acted with intenttodefraud, only that they acted negligently.
The typical statutory definition of forgery involves an intent by the defendant todefraud, deceive, or injure through the false alteration of some written instrument.
The Florida courts have ruled that the state's homestead exemption applies even if a debtor acquires his home with "the specific intentto hinder, delay or defraud" creditors.