He hasn't committed a crime. If he has why are there multiple real estate developers in NY willing to admit in public "I do that same crime every day if that's a crime."
Don't know about NY or multiple or if he even is a "real estate developer", but Jon Stewart made fun of a guy called Kevin O'Leary for saying so on CNN recently: https://youtu.be/EDMinX6t1Zk?t=577
It is a crime. Its fraud. Just because you and all your friends are jumping off a bridge doesn't make it not stupid. Just like how if you and everyone you know does the same fraud. Its still fraud and all of you should face the consequences. Its white collar crime. Just because its "Victim less" does not make it non serious. If your willing to throw the book at petty thieft then you should be doing the same to anyone found emptying coffers under false guise.
"Who amongst us hasn't accidentally killed a hooker and rolled her up in our hotel carpet and then placed it in our trunk and later that night thrown the body in the river? If that's a crime we're all guilty!"