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Gabryszak Announces That Legislation To Increase Penalties For Paper Terrorism Passes In Assembly | Politics

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Gabryszak Announces That Legislation To Increase Penalties For Paper Terrorism Passes In Assembly
Politics

As “paper terrorism” against judges and other public officials has become a growing epidemic in New York State and across the nation, Assemblyman Dennis H. Gabryszak (D,I,C-Cheektowaga) has guided legislation through the Assembly that would deter criminals from filing false financial statements and asserting claims that do not exist.

“The act of filing false liens against judges and public officials does not merely act as an annoyance. These criminals are ruining the lives of our public servants by destroying their credit and their reputation,” said Gabryszak. “With increasingly simple access to the Internet using smart phones and other devices, criminals have the ability to invent false financial statements that can destroy everything these officials have worked so hard for.”

A.8013 (S4042-A) was introduced at the request of the Chief Administrative Judge, Hon. A. Gail Prudenti to redress “paper terrorism” against judges and other public servants. In recent cases, criminals have used the tactic of creating false liens to retaliate against public servants. This has become a problem because under the Uniform Commercial Code, a creditor is able to record an interest in a debtor’s property with the Department of State, thereby giving notice of the interest to the debtor’s future creditors. Filers can use the Internet to instantly record false financial statements, which promptly become available through a publicly searchable online database. Therefore, if a criminal files a false lien against a public official, this documentation will be available for financial institutions, employers, and members of the public to view.

“The way the UCC is written now, there is no easy means by which to deter or otherwise prevent such abuse. The DOS must accept each financial statement filed for recording and then subsequently makes it available for public viewing. To combat the abuse, this bill will increase the penalties and make it a class E felony to file these false financial statements,” said Gabryszak.

The legislation would also create a court procedure to summarily invalidate fraudulent liens. If the court finds the statement that was filed to be false, it will remove the appropriate portions from an individual’s credit history. Although there is no way to guarantee public servants will not be victims of fraudulent findings in other states, Gabryszak believes that this legislation is a significant first step to discouraging criminals from attempting these abusive practices in the future.

Assemblyman Dennis Gabryszak represents the State Assembly’s 143rd District, which covers the towns of Cheektowaga and Lancaster. More information is available at

http://assembly.state.ny.us/mem/Dennis-H-Gabryszak/.

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