Also known as: false pretenses · theft by false pretenses · obtaining property by false pretenses · false pretense · larceny by false pretenses · false pretences
Written by attorneys · grounded in primary & secondary sources — see below
A common law theft offense committed when a defendant obtains title to another's property by a knowing false statement of past or existing fact made with intent to defraud and on which the victim relies in transferring title. The offense requires proof that the victim intended to convey ownership rather than mere custody or possession. A false promise of future performance does not satisfy the misrepresentation element.
Freya Freeman told the founders of Foxfire Biotech that her prior employer had already assigned her rights in a nearly identical software codebase. Relying on that statement the founders executed documents conveying full title to their proprietary tool. Freeman later sold the tool to another firm. Because the founders intended to pass ownership the transaction satisfies the title element of false pretenses.
Francois Fortier told elderly client Forrest Falconer that a regional bank had already confirmed his fund's prior outperformance with similar municipal bonds. No such report existed. Falconer signed documents transferring full title to the bonds into the fund. The transfer of ownership triggered false pretenses liability.
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Finn Fletcher told owner Farid Farahani that a title company had already issued a clean report showing all back taxes paid. Several liens remained. Farahani executed and delivered a deed conveying the building. The conveyance of title completed the offense of false pretenses.
Francesca Fowler falsely stated to startup founders that her former employer had assigned her all rights in matching code. The founders executed documents transferring ownership of their tool. Fowler then sold the asset. Title passed in reliance on the misrepresentation of an existing fact.
Ferrum Metals diverted containers and Everett told Katie that a foreign buyer had already executed a bill of sale with funds in escrow. Katie agreed to accept the crates for resale. The arrangement conveyed only custody so false pretenses was not established.
Foster Forge told Horizon Fund that a completed bank report already confirmed prior market outperformance. No report existed. Horizon signed documents transferring capital into the fund. The transfer of title satisfied the elements of false pretenses.
False pretenses requires the defendant to obtain title while larceny by trick requires only custody or possession. Courts look to what interest the victim intended to convey. When documents transfer ownership the offense is false pretenses.
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Yes. A false promise of future performance does not suffice even if the defendant never intended to perform. The statement must relate to a past or existing fact such as the existence of a completed report or prior assignment of rights.
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No. It is enough that the defendant obtains title by a knowing misrepresentation made with intent to defraud. The victim's reliance on the false statement of fact completes the offense regardless of whether out-of-pocket loss has yet occurred.
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Embezzlement requires initial lawful possession followed by fraudulent conversion. False pretenses occurs at the moment of acquisition when the victim is induced by misrepresentation to transfer title. The timing of the wrong and the source of possession control the classification.
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…of ineffective assistance of counsel. Rummel v. Estelle, 498 F. Supp. 793 (WD Tex. 1980). Rummel then pleaded guilty to theft by false pretenses and was sentenced to time served under the terms of a plea-bargaining agreement. Two-Bit Lifer Finally Freed — After Pleading Guilty, Chicago Tribune, Nov. 15, 1980, p. 2, col. 3.