False Pretenses

Question 1

False Pretenses Elements

Answer 1

(i) Obtaining title;
(ii) To the property of another;
(iii) By a knowing (or, in some states, an intentional) false statement of past or existing fact;
(iv) With intent to defraud the other

Question 2

False Pretenses vs. Larceny by Trick, what’s the difference?

Answer 2

False pretenses differs from larceny by trick in what is obtained. If only custody of the property is obtained by the defendant, the offense is larceny by trick.

If title is obtained, the offense is false pretenses.

What is obtained depends upon what the victim intended to convey
to the defendant.

Question 3

What kinds of misrepresentations are there for both Larceny by Trick and False Pretenses?

Answer 3

(1) False Representation Concerning Matter of Fact

(2) Misrepresentation of Past or Existing Fact

Question 4

False Representation Concerning Matter of Fact

Answer 4

The defendant must have created a false impression as to the matter of fact. If his statements reasonably construed constitute only an opinion or a “puffing,” they are not representations. It is not misrepresentation to fail to correct what is known to be a mistaken belief that the victim holds, if the defendant was not responsible for creating that belief, or the defendant has no fiduciary duty to the aggrieved party.

Question 5

Misrepresentation of Past or Existing Fact

Answer 5

Traditionally, the defendant’s misrepresentation must have related to a past or present fact, and false promises to do something in the future, even without the present intent to perform, were not sufficient.

MPC and Majority Rule: any false representation suffices for the crime of false pretenses, including a false promise to perform in the future.

Question 6

Requirement that Representation Be the “Cause” of Obtaining Property

Answer 6

The victim must actually be deceived by, or act in reliance on, the misrepresentation, and this must be a major factor (or the sole cause) of the victim passing title to the defendant.

Question 7

What is the intent required for false pretenses?

Answer 7

The defendant must have known the statement to be false when he made it; however, most states will find that the defendant “knew” of the falsity of any statements when, after being put on notice of the high probability of the statement’s falsity, he deliberately avoided learning the truth.

The defendant also must have intended that the victim rely on the misrepresentation. Subjecting the victim to a risk of loss will suffice for the intent to defraud.

Question 8

What are some related crimes to false pretenses?

Answer 8

(1) Bad Check Legislation: Almost all jurisdictions have created a new and separate statutory crime prohibiting the giving of a no-account or insufficient funds check with the intent to defraud.
(2) Abuse or Misuse of Credit Card: Most jurisdictions have enacted legislation making it a misdemeanor to knowingly obtain property by means of a stolen, forged, canceled, revoked, or otherwise unauthorized credit card.