Page 30 Flashcards
Can a manager or supervisor be guilty of larceny if they convert property?
No, embezzlement
How is the defendant’s possession considered lawful for embezzlement?
If it is gotten by receiving property with the owner’s effective consent or finding lost property, or taking property without intent to steal
If you were given the wrong coat at a coat check, you don’t realize it until later when you decide to keep it, what are you guilty of and why?
Embezzlement because when you thought it was your own coat, you had lawful possession
What is obtaining property by false pretenses?
Defendant obtains both title and possession of property by fraud
What type of intent crime is false pretenses?
Specific intent, so defendant had specific intent to get title to the victim’s property by fraud
How is buying a car with a forged check considered false pretenses?
Because title would pass to the defendant
If larceny applies, does false pretenses also??
No
If you buy something with counterfeit bills, what crime have you committed?
False pretenses, because you defrauded the store into transferring property to you with intent to steal
If you go to a store and buy something on credit, but then decide to keep the item and not pay, what crime have you committed?
Nothing, because the intent to steal was formed later, unless continuing trespass applies
What are the elements of false pretenses?
- knowing false representation
- material past or present fact
- reliance by V
- passing of title/possession to D
- intent to and actual defrauding of V
If something is said that is actually true, even though the person thinks it isn’t, can that count for false pretenses??
No, because the representation must be false and the defendant must know it was false
If the statement was false when it was made, but things changed and it became true, can that be a false representation for false pretenses?
No
If you have reckless disregard about the truth of something, can that be a false representation for false pretenses?
Yes
What are the ways that a false representation can happen for false pretenses?
- oral
- written
- unspoken conduct
- nondisclosure when something is done to reinforce a false impression
Can silence be enough for a false representation for false pretenses?
Usually no
When is there a duty to correct a misunderstanding in a false pretenses situation?
If the misunderstanding is created by the defendant or the defendant is a fiduciary to the victim
In order for there to be false pretenses, the false representation must be what?
About a material fact
Can a false representation for false pretenses be about a future fact or future conduct?
- Majority: no, only present or past because false promises are impossible to punish since you don’t know if they just changed their mind
- Minority: yes
Can seller’s talk or puffing count as a false representation for false pretenses?
No
The misrepresentation for false pretenses has to be about what and not what?
Fact not opinion
If a waitress brings you a bill for food that is lower than you know it should be, and you pay the amount the receipt says, what have you committed?
False pretenses because you made a statement through your conduct, paying, that the bill was the correct amount, and since you knew it wasn’t, your false statement was intentional
What is the reliance element of false pretenses?
D’s conduct must cause the victim to pass title or money to the D (because he relied on the misrepresentation)
Does reliance have to be reasonable for false pretenses?
No
What is required for the passing of title to the wrongdoer for false pretenses?
Defendant, or someone connected to him, must get actual transfer of title
How do you get transfer of title for false pretenses?
From property being sold to the defendant, or money being paid to the defendant
What must the defendant know for a false pretenses charge?
That the representation was false, or have reason to believe it was false, or doesn’t know whether it was true but says it was true
Can an unintentional false representation or negligence suffice for false pretenses?
No, defendant must know the representation is false
How could there be a concurrence issue for false pretenses?
If the defendant didn’t have knowledge of falsity and intent to defraud at the same time
What is forgery?
False making or altering of a legally significant instrument with the intent to defraud
To have a forgery the alteration must be what?
Material, in that it changes the legal meaning or effect of the document
If you fraudulently and materially alter a receipt, invoice, or other similar instrument, what have you done?
Committed forgery
What is an example of forgery?
Altering a credit card invoice from three dollars to $23
What type of crime is forgery?
Specific intent, so it must be proven that the defendant changed the document with intent to defraud others or make some other wrongful use of the document
When is the crime of forgery complete?
As soon as the document is created or altered with fraudulent intent
What kind of crime is forgery?
At CL it is a misdemeanor, but modernly it is usually a felony
Generally when you see forgery on an exam, you are meant to discuss what?
Larceny by trick, because there was a forging of documents to steal something, or uttering if the document was actually used
What does the fraudulent element of forgery mean?
Defendant must have intent to make wrongful use
What is required for a making for forgery?
- creation of a new document
- altering of an existing document, or
- inducing someone to sign a document knowing they are unaware of its significance
Does the defendant have to use a forged document to be guilty of forgery?
No, but if he does and gets property as a result, he can also be guilty of false pretenses
What is required for a false writing for forgery?
Either a writing that is false, or a material alteration
If you change the word amount written on a check, what have you done?
Committed a forgery, but the numbers have no legal meaning
How do you get apparent legal significance in order to have a forgery?
The writing must have purpose or value beyond the document’s own existence (contract, will, deed, mortgage)
If a document is only valuable because of its existence, like a painting or historical document, can that be included in forgery?
No, because it has no legal rights or duties so would have no apparent legal significance
What is counterfeiting?
Crime of making false money in the appearance of genuine money
