Cl Ch. 25 Larceny

Question 1

3 ways to engage in larceny:

Answer 1

1. Stealing
2. False pretenses
3. Embezzlement

Question 2

Larceny

Type 1: Stealing

Element(3)

Answer 2

1. The suspect took and carried away
2. The money or property of another
3. With the intent to permanently deprive that person

Question 3

Larceny:

Type 2: Larceny by false pretenses:

Elements: (3)

Answer 3

1. The suspect knowingly made a false statement of fact;
2. That the victim relied on as being true; and
3. Caused the victim to give the suspect money or property

Question 4

Larceny:

Type: Embezzlement

Elements:(3)

Answer 4

1. The suspect was entrusted with the property of another; and
2. Took the property, hid it, or
   converted it to his own use;
3. With the intent to permanently deprive the owner.

Question 5

Larceny:

ROA:

Answer 5

Under $250- Warrantless arrest in PRESENCE, otherwise complaint

Over $250- Warrentless arrest on Probably Cause

Property over $1200, or a firearm or trade secret- Felony.

Question 6

Larceny:

When can you make a warrantless arrest in presense, otherwise complaint?

Answer 6

Property is valued under $250

Question 7

Larceny:

When can you make a warrantless arrest on probable cause?

Answer 7

Property is more than $250

Question 8

Larceny:

When does this charge become a felony?

Answer 8

Over $1200, firearm, or trade secret

Victim over 60 and value is more than $250

Question 9

Larceny from a victim 61 years old, value of property is $251. Strongest action?

Answer 9

Felony.

Protection of elders and disabled-Felony threshold is $250 not $1200

Question 10

Larceny from 48 year old disabled person. Value of property is 268. Strongest enforcement action?

Answer 10

Felony.

Protection of elders and disabled- Felony threshold is $250 not $1200

Question 11

Definition of property for the purposes of larceny:

Answer 11

1. money
2. any financial documents or deeds
3. any electronically stored data,
4. any owned animal
5. possessions of all types
6. trade secrets

Even contraband may be stolen! (ex defendant convicted of larceny because he took cocaine from his accomplice)

Question 12

Larceny:

The value of the property determines: (2)

Answer 12

1. the officers right of arrest, and
2. potential penalty

Question 13

True or false:

If a single scheme occurs, then officers may consider the total value of all the property obtained.

Answer 13

True

Question 14

If a single scheme occurs, then officers may consider the total value of all the property obtained.

On the other hand, distinct larcenies may be presented in:

Answer 14

multiple counts.

Ex. employee appropriately charged with 180 counts for 180 incidents involving forged checks

Question 15

May intellectual theft be prosecuted as Larceny?

Answer 15

No.

governed by federal copyright law

Question 16

True or false:

Using property or services without payment is larceny.

Answer 16

False.

Using property or services without payment is not larceny.

Ex. defendant’s use of landfill without paying the town was not larceny

ex. defendant contractor failed to pay his subcontractors for their work; since he stole their services- but not their actual, tangible property- it did not qualify as a larceny.

Question 17

Larceny:

The property must belong to another. However, the Commonwealth does not have to prove:

Answer 17

who owned or held the property, as long as it proves the defendant did not.

Question 18

It is a defense to larceny if the defendant honestly, but mistakenly, believed that he had:

Answer 18

a right to take the property.

Question 19

Larceny occurs if the victim lacked the mental capacity to:

Answer 19

consent.

Question 20

The police are considered a (blank) of larceny if they had possession of the property taken, including evidence.

Answer 20

victim.

Question 21

Type 1: Larceny by Stealing

“Unlawfully took and carried away” is legally known as:

Answer 21

Asportation.

Question 22

Type 1: Larceny by Stealing

Unlawfully took and carried away:

Transfer may be momentary, and/or involve

Answer 22

slight movement.

Ex. victim realized he left his atm card and returned to the machine ; he found defendant holding his card and $200 cash; defendant ‘s control of the card and cash satisfied the asportation element because he was removing them from the atm booth.

Question 23

Larceny:

Is removing property from the building required?

Answer 23

No.

Question 24

Larceny:

The suspect must intend to (blank) the owner

Answer 24

permanently deprive.

Question 25

True of false:

Misplaced items are stolen when the suspect takes possession with the intent to keep them for his own use, even though he “knows or has a reasonable means of ascertaining , by marks on the good or otherwise, who the owner is.”

Answer 25

True.

Question 26

Taking property with the intent to return it and claim a reward is :

Answer 26

Larceny.

Question 27

Larceny:

Does a person who steals a container or truck also intend to also steal its contents?

Answer 27

Yes.

even if the contents were unknown at the time.

Question 28

Larceny:

Possession of recently stolen property proves larceny if the defendant cannot:

Answer 28

explain why he has the items.

Question 29

Larceny:

The heart of Larceny by False Pretense is

Answer 29

lying to convince the victim to part with money or property

*The false fact must be a key reason for the transaction.

Question 30

Larceny by False Pretense:

A promise to complete a task does not qualify as a false pretense unless it can be proven that the suspect:

Answer 30

never intended to carry out his promise.

Note: “poor performance” (by contractor, etc) is not a crime.

Question 31

Larceny by False Pretense:

Question 32

Larceny by False Pretense:

Is the shitty contractor a thief, or just a bad worker that needs to be pursued though a civil suit. What is the most important question?

Answer 32

whether or not the suspect ever intended to carry out his promise.

Note from audiobook: Once the contractor begins the job to some degree, its hard to make it a criminal case- unless the charge is so outrageous, and the workmanship is so bad and so false that it becomes criminal.

Question 33

Larceny by False Pretense:

Is lying about the use for a loan Larceny by False Pretense?

Answer 33

Yes.

Also, lying about repaying the loan is Larceny by False Pretense.

Question 34

Larceny by False Pretense:

“fraudulent investment scheme in which money contributed by later investors generates artificially high dividends for the original investors, whose example attracts even larger investments”

Answer 34

“Ponzi” or “Pyramid” scheme.

May be charged Larceny by False Pretense, or “illegal lottery”

Question 35

Is accepting government subsidies to give to someone else considered Larceny by False Pretense?

Answer 35

Yes.

Ex. defendant applied for and accepted subsidized housing, but let his undocumented niece live in the apartment instead of him; even though he paid the rent every month, he stole from the Boston Housing Authority because it could have rented the apartment to someone else for more money.

Question 36

Larceny by False Pretense:

While a seller’s exaggeration is insufficient, an (blank) opinion about the value of an item for sale will support Larceny by False Pretense.

Answer 36

obviously fraudulent.

Ex. real estate broker blatantly misrepresented the value of land used as collateral for a real estate transaction in order to get the victim to buy

Question 37

Larceny by False Pretense:

Is a victim’s mental disability a relevant consideration in deciding whether the representation was false?

Answer 37

Yes.

ex. sales manager sold 6 new pickup trucks to mentally impaired customer at four to six times the normal profit margins; this was obvious, criminal exploitation and not just a lucky deal.

Question 38

Salesman misrepresented customers income, employment history, and trade in values so the customer could secure credit to buy cars. Is this Larceny by False Pretense?

Answer 38

Yes.

Question 39

Larceny by False Pretense may involved (blank) or (blank) about work performed.

Answer 39

excessive charges; false representations

Question 40

Larceny by False Pretense:

Must the suspect know he is lying?

Answer 40

Yes.

Question 41

Larceny by False Pretense.

(Blank) describes the defendant who claims he lacked knowledge, but the facts suggest a “conscious course of deliberate ignorance”.

Answer 41

Willful blindness.

ex. defendant psychiatrist extravagantly billed Medicaid for services not provided, and the said he just never understood his secretary’s billing practices.

Question 42

Larceny by False Pretense:

The suspect does not need to intend to deceive a particular person. It is sufficient if he intended for:

Answer 42

somebody to rely on his false representation.

ex. the defendant’s a doctor and attorney, falsified reports of “accident” victims and received money from an insurance company.

Question 43

Is the intent to permanently deprive an element of Larceny by False Pretense?

Answer 43

No.

Once a suspect lies and receives the victim’s money, Larceny by False Pretense is complete. At this point, any restitution does not undo the suspect’s guilt.

Question 44

Larceny by False Pretense:

True or false?

The suspect’s lie must be a key reason why the fraudulent transaction happened, but the false statement does not have to be the only reason.

Answer 44

True.

Ex. long term friendship with the suspect was part of the reason she gave money when he lied about being evicted from his apartment.

Question 45

Is the victim’s naivete or carelessness a defense to Larceny by False Pretense?

Answer 45

No.

LFP is designed “ to protect the weak and credulous from the wiles and stratagems of the artful and cunning”

Question 46

Larceny by False Pretense:

Does the fact that a defendant makes several small payments on an account nullify proof of her intent to steal?

Answer 46

No, if it is obvious that she never intended to repay the outstanding debt.

Question 47

Larceny by False Pretense put simply:

When you lie about a fact, and somebody relies on the lie and gives you money or property, you are:

Answer 47

guilty.

Question 48

The breach of a relationship of trust in order to permanently deprive the owner of money or property.

Answer 48

Embezzlement.

Note: While money is usually the object, personal property may be too.

Question 49

Is the intent to permanently deprive an element of Embezzlement?

Answer 49

Yes.

Generally, the offender’s intent to permanently deprive is inferred from his hiding the money.

Question 50

Embezzlement:

Generally, the offender’s intent to permanently deprive is inferred from:

Answer 50

his hiding the money.

ex. Lawyer puts clients money into his personal account instead of business account.

Question 51

General Venue rule for ALL Chapter 266 crimes: (Note: Single episode)

Under 266 Sec 60 B, if theft or other property crimes that could be tried together were committed in different counties, or fall under the jurisdiction of different courts, they may all be prosecuted (blank) in any court that has jurisdiction over atleast one of the crimes.

Answer 51

together.

multiple crimes, in a SINGLE episode, in multiple jurisdictions.

Question 52

As a bar manager, Kathleen Schick was responsible for collecting money generated by the sale of lottery tickets and delivering the proceeds to the finance manager for deposit. The net total she entered on her spreadsheet was less than the amount on the machine reports. Can she be charged, and with what?

Answer 52

Embezzlement.

This was sufficient evidence that Schick had falsified her spreadsheet tallies and kept the difference.

Question 53

Loans: While and unrestricted loan cannot be embezzled (although it may be obtained by a false pretense), money advanced for a specific reason, and then used for an unauthorized purposed, is:

Answer 53

embezzled.

Question 54

Stealing & Embezzlement:

Venue:

277 Sec 58 provides that larceny may be prosecuted in any county where:

Answer 54

the defendant had possession of the stolen money or property.

Question 55

Larceny by False Pretense:

Venue:

277 Sec. 59 allows for the charge of Larceny by False Pretense to be prosecuted in any county where the false pretense was: (4 total)

Answer 55

(1) made, (2) written, (3) or used; or in any county (4) through which the property was transported or received by the defendant.

Question 56

Attempted Larceny:

Elements (3)

Answer 56

1. Specific intent
2. Overt Act
3. Failure

The suspect had a specific intent to commit a larceny; and committed an overt act; and did not succeed because he failed or was interrupted.

Question 57

Attempted Larceny:

ROA:

Answer 57

Warrantless arrest in presence,regardless of the value of the property. Otherwise, complaint.

Note: This crime must be charged under the general attempt statute Ch. 274 Sec 6.

Question 58

Attempted Larceny:

Aside from an intent to steal, the suspect must engage in an (blank). The act does not have to make the crime inevitable.

Answer 58

overt act.

Ex. a pickpocket is guilty of attempted larceny for putting his hand in another person’s empty pocket.

Question 59

Attempted Larceny:

Aside from an intent to steal, the suspect must engage in an (blank). The act does not have to make the crime inevitable. At the same time, it must be a:

Answer 59

real step toward carrying out the crime.

Rolfe Green committed attempted larceny when he deposited a fraudulent check into his “business account”. He claimed the 320,000 check was given to him by the Ritz Carlton Hotel for a consulting project. The Ritz Carlton had no record of the check, which was not printed from the hotel’s computer. The hotel had also been closed for renovation at the time the check was supposedly issued. The defendant’s overt act was depositing the check.

Question 60

Rolfe Green committed attempted larceny when he deposited a fraudulent check into his “business account”. He claimed the 320,000 check was given to him by the Ritz Carlton Hotel for a consulting project. The Ritz Carlton had no record of the check, which was not printed from the hotel’s computer. The hotel had also been closed for renovation at the time the check was supposedly issued. The defendant’s overt act was:

Answer 60

depositing the check.

Question 61

Obligations of the Public if they find lost money, goods, or animals:

Any person who finds lost money or goods with a value of (blank) or more or a “stray beast” and who does not know the owner must, within 2 days: (1) report it to the OIC of the police station within the town where the property was found; or (2) place an advertisement in a newspaper published within the town where the property was found; or (3) post notice in two public places within the town, but only if there is no police station to receive the report.

Answer 61

$3

Question 62

Obligations of the Public if they find lost money, goods, or animals:

Any person who finds lost money or goods with a value of $3 or more or a (blank) and who does not know the owner must, within 2 days: (1) report it to the OIC of the police station within the town where the property was found; or (2) place an advertisement in a newspaper published within the town where the property was found; or (3) post notice in two public places within the town, but only if there is no police station to receive the report.

Answer 62

stray beast

Question 63

Obligations of the Public if they find lost money, goods, or animals:

Any person who finds lost money or goods with a value of $3 or more or a “stray beast” and who does not know the owner must, within 2 days: (1) report it to (blank) of the police station within the town where the property was found; or (2) place an advertisement in a newspaper published within the town where the property was found; or (3) post notice in two public places within the town, but only if there is no police station to receive the report.

Answer 63

the OIC

Question 64

Obligations of the Public if they find lost money, goods, or animals:

Any person who finds lost money or goods with a value of $3 or more or a “stray beast” and who does not know the owner must, within 2 days: (1) report it to the OIC of the police station within the town where the property was found; or (2) place an advertisement in a (blank) published within the town where the property was found; or (3) post notice in two public places within the town, but only if there is no police station to receive the report.

Answer 64

newspaper

Question 65

Obligations of the Public if they find lost money, goods, or animals:

Any person who finds lost money or goods with a value of $3 or more or a “stray beast” and who does not know the owner must, within 2 days: (1) report it to the OIC of the police station within the town where the property was found; or (2) place an advertisement in a newspaper published within the town where the property was found; or (3) post notice in two public places within the town, but only if:

Answer 65

there is no police station to receive the report.

Question 66

Obligations of the Public if they find lost money, goods, or animals:

Any person who finds lost money or goods with a value of $3 or more or a “stray beast” and who does not know the owner must, within 2 days: (1) report it to the OIC of the police station within the town where the property was found; or (2) place an advertisement in a newspaper published within the town where the property was found; or (3) post notice in (blank) within the town, but only if there is no police station to receive the report.

Answer 66

two public places

Question 67

Obligations of Public if they find lost money, goods, or animals:

Rights of owner:

The owner of the money, property, or animal shall receive them back if he or she appears within (blank) after the stray animal is found; or within (blank) after the money or property is found; and pays all reasonable expenses incurred by the finder.

Answer 67

Animal= 3 months

Money, Property= 1 year

Question 68

Obligations of Public if they find lost money, goods, or animals:

Rights of finder:

The finder may keep the money and/ or goods if he or she complies with the notification rules, and is not contacted by the owner within (blank) of the find

Answer 68

1 year.

Question 69

Obligations of Public if they find lost money, goods, or animals:

Rights of finder:

The finder may keep the money and/ or goods if he or she complies with the notification rules, and is not contacted by the owner within 1 year of the find.

The finder may sell the stray animal at a public auction if he or she is not contacted by the owner within (blank) of the find; and provides notice at least (blank) days before the auction in (blank) public places in the town where the animal was found.

Answer 69

1. 3 months
2. 4 days
3. 2 public places

Question 70

Obligations of Public if they find lost money, goods, or animals:

The finder may sell the stray animal at a public auction if he or she is not contacted by the owner within 3 months of the find; and provides notice at least 4 days before the auction in 2 public places in the town where the animal was found.

However, if the animal is not auctioned and the owners appears within (blank) of the find, then the finder must give back the animal when the owner pays the reasonable expenses. Even if the animal has been sold, the finder must pay the owner the (blank), minus reasonable expenses.

Answer 70

1. within 1 year
2. auction price, minus reasonable expenses

Question 71

Disposal of unclaimed property:

when the custodian receives property (whether stolen, lost, abandoned, or taken from a person under arrest) he must provide notice to the public describing the property by either: (2)

Answer 71

1. posting a description of the property in two public places in the municipality, or
2. publishing it in a newspaper in the municipality.

Note: Examples include: public notice board, lobby of the police station, senior center, community center, etc. Best practice is to post on the police or municipal website.

Question 72

Unclaimed property may be sold at auction:

The custodian must ensure:
-The property remains unclaimed for atleast (blank) after the police department provides the public notice required; and

The owner:
- is unknown (or the owners residence or place of business is unknown); or
-the owner has failed to collect the property within 10 days of receiving a registered letter notifying the owner that the property is in police custody; and

• Notice of the auction appears in a newspaper published within the municipality for three successive weeks

The custodian arranges a public auction, conducted by the department or by a licensed auction service (including one online)

Answer 72

one month

Question 73

Unclaimed property may be sold at auction:

The custodian must ensure:
-The property remains unclaimed for atleast one month after the police department provides the public notice required; and

The owner:
- is unknown (or the owners residence or place of business is unknown); or
-the owner has failed to collect the property within (blank) of receiving a registered letter notifying the owner that the property is in police custody; and

• Notice of the auction appears in a newspaper published within the municipality for three successive weeks

The custodian arranges a public auction, conducted by the department or by a licensed auction service (including one online)

Answer 73

10 days

Question 74

Unclaimed property may be sold at auction:

The custodian must ensure:
-The property remains unclaimed for atleast one month after the police department provides the public notice required; and

The owner:
- is unknown (or the owners residence or place of business is unknown); or
-the owner has failed to collect the property within 10 days of receiving a registered letter notifying the owner that the property is in police custody; and

• Notice of the auction appears in a newspaper published within the municipality for (blank).

The custodian arranges a public auction, conducted by the department or by a licensed auction service (including one online)

Answer 74

3 successive weeks

Question 75

Unclaimed cash and auction proceeds go into the municipality’s:

Answer 75

general fund.

Question 76

Even after the sale of property, the owner has rights. Under 135 Sec 11, police departments must maintain careful records of each item sold at auction, because the owner may appear within (blank), prove his claim, and receive payment form the municipality’s general fund of the amount collected at auction minus the expenses required to sell or store it.

In the case of found cash, the owner may appear within two years and two months after the police recovered the cash to receive payment from the municipality’s general fund.

Answer 76

within 2 years after the sale

Question 77

Even after the sale of property, the owner has rights. Under 135 Sec 11, police departments must maintain careful records of each item sold at auction, because the owner may appear within 2 years after the sale, prove his claim, and receive payment form the municipality’s general fund of the amount collected at auction minus the expenses required to sell or store it.

In the case of found cash, the owner may appear within (blank) after the police recovered the cash to receive payment from the municipality’s general fund.

Answer 77

within 2 years and 2 months AFTER the police recovered the cash.