False pretenses and larceny

Question 1

Larceny

Answer 1

• taking and asportation of property from possession of another person
• without consent or with consent obtained by fraud
• with intent to steal
• title does not pass

Question 2

Embezzlement

Answer 2

• conversion of property held pursuant to a trust agreement
• use of property in a way inconsistent with terms of trust
• with intent to defraud
• title does not pass

Question 3

False pretenses

Answer 3

• obtaining title to property
• by consent induced by fraudulent misrepresentation
• with intent to defraud
• title passes

Question 4

Common law false pretenses

Answer 4

1) obtaining title (not possession)
2) to the property of another
3) by an intentional false statement of past or existing fact
4) with intent to defraud the other
* This is relied on by the person defrauded

(compare with MPC - any false representation suffices including a false promise to perform

Question 5

Common law misrepresentation

Answer 5

• does not include failure to disclose info
• only affirmative representations
• does not include exaggerations “puffing”
• must contribute materially to the decision
• doesn’t have to be sole inducement

Question 6

MPC false pretenses

Answer 6

1) a person is guilty of theft if he purposely
2) obtains property of another
3) by deception
- including creating false impression, failing to correct a false impression or preventing another from getting info which would affect her judgment of the transaction – concerning a matter of fact
- “obtains” is “to bring about a transfer or purported transfer of a legal interest in the property”

Question 7

Difference in larceny and larceny by trick

Answer 7

Larceny : taking / physical taking

Larceny by trick : taking / taking by fraud

Question 8

Larceny by trick

Answer 8

• The D must take property from the custody or possession of another in a trespasser manner, (without the consent of the person in custody or possess of the property)
• if victim consents to D’s taking custody or possession of the property, but this consent has been induced by a misrepresentation, the consent is not valid. The resulting larceny is larceny by trick.

Question 9

Consolidation - MPC

Answer 9

Accusation of theft may be supported by evidence of the following:

• theft by unlawful taking or disposition,
• theft by deception,
• theft by extortion,
• theft of property lost, mislaid, or delivered by mistake,
• receiving stolen property,
• theft of services,
• theft by failure to make required disposition of funds received,
• and unauthorized use of autos and other vehicles
• Most jurisdictions

Question 10

Receiving stolen property

Answer 10

• receiving (possession - gaining control over property)
• stolen goods
• knowing the goods are stolen (believing that it was obtained criminally)
• with an intent to deprive the owner of his or her interest permanently

Question 11

MPC Presumption

Answer 11

Knowing goods are stolen
a) is found in possession or control of property stolen from two or more persons on separate occasions;
b) has received stolen property in another transaction within the year preceding the transaction charged
or
c) being a dealer in property of the sort received, acquires it for a consideration which he knows is far below its reasonable value

Question 12

Stolen property vs. Sting

Answer 12

Common law: this crime did not apply to property which was given to someone by another person when that person was cooperating with the police and had not actually stolen it

MPC: provides that D can be convicted of receiving stolen property if they receive it “believing that it has probably been stolen, unless the property is received…with purpose to restore it to the owner”