Theft

Question 1

what are the kinds of theft

Answer 1

generic larceny
larceny by trick
embezzlement

Question 2

what is generic larceny

Answer 2

taking property belonging to another person with intent to deprive them of it permanently

Question 3

what is larceny by trick

Answer 3

∆ gets the property with consent but then keeps it without consent

Question 4

what is embezzlement

Answer 4

theft by a ∆ in whom victim has special trust (employer or client)

Question 5

is debt theft

Answer 5

no

Question 6

what are the elements of fraud

Answer 6

1. material misrepresentation
2. intent to defraud
3. reliance by victim
4. victim parts with money or property

Question 7

is fraud an inchoate crime

Answer 7

no

Question 8

what are the elements of federal mail/ wire fraud

Answer 8

scheme or artifice to defraud

use of mail/ wire

Question 9

what is honest services fraud

Answer 9

victims are 3rd parties who were entitled to honest services by officials whose ∆ corrupted with illicit payments – basically bribes and kickbacks

Question 10

what is extortion

Answer 10

taking property of another by threat (the threatened act doesn’t have to be illegal)

Question 11

what is spite blackmail

Answer 11

demand for property or money coupled with threat to do something ∆ otherwise has right to do

(like give me 10000 bucks or I’ll report you to the cops)

Question 12

what is opportunistic blackmail

Answer 12

demand for property or money as a payment for doing something that ∆ has a right not to do

(give me 100000 bucks or I won’t rescue you)

Question 13

what are the elements of burglary

Answer 13

1. breaking and entering
2. intent to commit a felony therein
3. of a dwelling (could be tent)

Question 14

what is robbery

Answer 14

using force or threat of force against a person in the course of committing theft