I think we need to define "trumps up". It appears Trump put down a payment to cover up an affair as a retainer to a lawyer in his business deductions. Is that legitimately a crime? I don't know,
@stollcpa may well know though I doubt he knows NY law.
The question becomes, what normally happens in these cases. Are there comparable cases, where people charged?
If Biden violates a law that you or I would be charged with, he should be charged. If it isn't one, he shouldn't be.
I am not sure we KNOW if that's the case here. But offhand, it seems probable to me your normal business person would have been given a chance to pay a fine and avoid criminal. But that's just guesswork. I imagine in the coming days we will learn if there have been similar crimes and what happened.