Since the "intent to defraud" seems to be the sticking point, here's an essay that provides information on how it is handled in this case:
https://www.justsecurity.org/85831/t...iness-records/
TL;DR:
Quote:
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Indeed, the jurisdiction in which this case will be brought – the First Department of New York – has settled law on the issue that defines “intent to defraud” in broad terms that cover the allegations in the Trump case.
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