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Question 0

What are specific types of fraud at common-law??

Answer 0

• false pretenses
• larceny by trick
• uttering
• counterfeiting

Question 1

What is criminal fraud?

Answer 1

Intentionally and knowingly misrepresenting or concealing material facts to get services or to permanently deprive someone of property

Question 2

At modern law what are two other fraud crimes that are recognized?

Answer 2

• insurance fraud

- false advertising

Question 3

What does the prosecution have to prove for criminal fraud?

Answer 3

That the defendant deliberately misrepresented, concealed, or failed to reveal important facts that he had a duty to reveal

Question 4

What is uttering?

Answer 4

Use of a forged instrument, knowing it is forged

Question 5

What is an example of uttering?

Answer 5

Using an arcade ticket to get your car out of paid parking for free

Question 6

What is larceny by trick?

Answer 6

The defendant, with the intent to permanently deprive the owner of their property, obtains that property by fraud

Question 7

In the larceny by trick situation, the defendant only has what to the property?

Answer 7

Possession, but not title or ownership

Question 8

Example of larceny by trick?

Answer 8

Renting a horse for the day, but then selling it

Question 9

Why is paying for something with a useless check considered larceny by trick?

Answer 9

Because title doesn’t pass until the check is cashed

Question 10

What is the essential criminal act of larceny by trick?

Answer 10

The misappropriation, and not the original taking

Question 11

If a package is delivered to your door, and you know it is for your neighbor but you accept it anyway with intent to keep it, the moment you take possession you have committed what?

Answer 11

Larceny by trick

Question 12

What is the theory behind larceny by trick?

Answer 12

Because of the trick, the owner retains constructive possession that gives the trickster only mere custody, so when he misappropriates the property he trespasses on constructive possession

Question 13

If you rent a horse with intent to steal it, but then return it, what are you guilty of?

Answer 13

Nothing

Question 14

If you ask a friend to borrow his notes from class so you can copy them, but you have no intention of returning them, what crime will you commit?

Answer 14

Larceny by trick

Question 15

What are the elements of larceny by trick?

Answer 15

• trespassory
• taking and carrying away
• of the personal property of another
• intent to permanently deprive
• after obtaining possession because of a written or oral lie/false promise

Question 16

How do you get a trespassory taking in a larceny by trick situation?

Answer 16

When the defendant’s fraud nullified the victim’s consent

Question 17

What are some ways you can get possession through written or oral lies for larceny by trick?

Answer 17

• factual misrepresentation
• false promises
• broken promises

Question 18

What are false promises for larceny by trick?

Answer 18

Promises that are made with the intent to break them

Question 19

What are broken promises for larceny by trick?

Answer 19

Promises made with the intent to honor them, but then they are later breached

Question 20

What is embezzlement?

Answer 20

The fraudulent conversion of the property of another by one who is already in lawful possession of it

Question 21

What are some ways you can fraudulently convert property for embezzlement?

Answer 21

Selling, spending, damaging, or failing to return property

Question 22

For embezzlement, the person usually has possession and then forms what?

Answer 22

The intent to steal later on

Question 23

Do embezzlement and false pretenses overlap?

Answer 23

No, they are mutually exclusive

Question 24

When an employee takes money directly from the customer and puts it in his pocket, what makes that embezzlement?

Answer 24

Employer never had possession

Question 25

What are the elements of embezzlement?

Answer 25

• fraudulent intent
• conversion
• property
• of another
• by one already in possession

Question 26

What does fraudulent intent for embezzlement mean?

Answer 26

Specific intent to defraud the victim

Question 27

If you honestly and reasonably believe property is your own, can you be charged with embezzlement?

Answer 27

No, because you don’t have intent to defraud

Question 28

What is conversion for embezzlement?

Answer 28

A serious active interference with the owner’s rights

Question 29

Would slight movement or limited use of an item be enough for conversion for embezzlement?

Answer 29

No

Question 30

Examples of things that could be conversion for embezzlement?

Answer 30

Using something up, selling it, giving it away, throwing it away, seriously damaging it, withholding possession

Question 31

In order for a conversion to occur for embezzlement, the act must be what?

Answer 31

Intentional or innocent if you are a bona fide purchaser of stolen goods

Question 32

Can you convert for some purpose other than your own use in order to have an embezzlement?

Answer 32

Yes, family, business, etc

Question 33

What is property for embezzlement?

Answer 33

Anything that has value and can be moved, including services, and sometimes real property

Question 34

Minor employees like janitors and watchmen usually have what of property?

Answer 34

Custody

Question 35

Who are people that might have lawful possession of property?

Answer 35

Store clerks, bank employees, lawyers, merchants, partners, etc.

Question 36

Embezzlement requires that the property be entrusted to the defendant, so does finding property or having it mistakenly delivered count?

Answer 36

No

Question 37

What does entrustment of personal property mean for embezzlement?

Answer 37

Voluntary and knowing delivery of possession of property to the defendant who takes possession with an honest intent to hold it for the benefit of the entrusting party, and is given broad control over it

Question 38

When is entrustment implied?

Answer 38

When a third-party gives property to a servant for conveyance to the master because the master gave total control to the servant