Page 29 Flashcards
What are specific types of fraud at common-law??
- false pretenses
- larceny by trick
- uttering
- counterfeiting
What is criminal fraud?
Intentionally and knowingly misrepresenting or concealing material facts to get services or to permanently deprive someone of property
At modern law what are two other fraud crimes that are recognized?
- insurance fraud
- false advertising
What does the prosecution have to prove for criminal fraud?
That the defendant deliberately misrepresented, concealed, or failed to reveal important facts that he had a duty to reveal
What is uttering?
Use of a forged instrument, knowing it is forged
What is an example of uttering?
Using an arcade ticket to get your car out of paid parking for free
What is larceny by trick?
The defendant, with the intent to permanently deprive the owner of their property, obtains that property by fraud
In the larceny by trick situation, the defendant only has what to the property?
Possession, but not title or ownership
Example of larceny by trick?
Renting a horse for the day, but then selling it
Why is paying for something with a useless check considered larceny by trick?
Because title doesn’t pass until the check is cashed
What is the essential criminal act of larceny by trick?
The misappropriation, and not the original taking
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?
Larceny by trick
What is the theory behind larceny by trick?
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
If you rent a horse with intent to steal it, but then return it, what are you guilty of?
Nothing
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?
Larceny by trick
What are the elements of larceny by trick?
- 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
How do you get a trespassory taking in a larceny by trick situation?
When the defendant’s fraud nullified the victim’s consent
What are some ways you can get possession through written or oral lies for larceny by trick?
- factual misrepresentation
- false promises
- broken promises
What are false promises for larceny by trick?
Promises that are made with the intent to break them
What are broken promises for larceny by trick?
Promises made with the intent to honor them, but then they are later breached
What is embezzlement?
The fraudulent conversion of the property of another by one who is already in lawful possession of it
What are some ways you can fraudulently convert property for embezzlement?
Selling, spending, damaging, or failing to return property
For embezzlement, the person usually has possession and then forms what?
The intent to steal later on
Do embezzlement and false pretenses overlap?
No, they are mutually exclusive
