Also known as: grand false pretense · false pretenses · obtaining by false pretenses
Written by attorneys · grounded in primary & secondary sources — see below
A felony classification of the common-law crime of false pretenses. The offense occurs 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 the property value exceeds the statutory threshold separating grand from petit false pretenses.
Giselle Guerrero told an elderly client that a bank report already confirmed her fund's past outperformance with similar bonds. No report existed. Relying on the statement the client signed documents transferring full title to a large municipal-bond portfolio. Because the victim intended to convey ownership rather than mere custody and the bonds exceeded the felony threshold, the conduct constitutes grand false pretenses.
Giana Greco falsely stated that a title company had already issued a clean report showing all liens paid on an apartment building. No report existed. The owner executed and delivered a deed transferring the building, whose value placed the offense in the felony range. The transfer of title through the misrepresentation establishes grand false pretenses.
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Gina Griffin falsely claimed her former employer had already assigned her rights in a nearly identical codebase. The startup founders executed documents conveying full ownership of their proprietary tool. The tool's market value exceeded the grand-false-pretenses threshold. The knowing misrepresentation of an existing fact that induced title transfer satisfies the elements.
Gregory Gates told investors that a completed due-diligence report already showed his fund's prior market outperformance. No report existed. Investors signed documents transferring title to substantial securities holdings whose value triggered felony classification. The false statement of past fact that procured title constitutes grand false pretenses.
Gary Goldman falsely told a warehouse operator that a foreign buyer had already executed a bill of sale and deposited funds in escrow for high-value electronics. The operator accepted the crates for resale. The electronics' aggregate value exceeded the felony threshold. Because the victim conveyed only custody rather than title, the conduct does not meet the title element of grand false pretenses.
Guillermo Guzman falsely represented that a completed escrow deposit already secured payment for diverted electronics containers. The recipient agreed to warehouse the goods pending resale. The containers' value placed the matter in the grand-false-pretenses range. Because the recipient intended only temporary custody, title did not pass and grand false pretenses is not established.
Grand false pretenses is the felony version of the offense and applies when the value of the property obtained exceeds the statutory threshold. Petit false pretenses is the misdemeanor version that applies to lower-value property. Most jurisdictions draw the same value-based distinction used for grand and petit larceny.
The victim must intend to transfer title, not merely custody or possession. Courts look to the interest the victim meant to convey. When documents or deeds expressly pass ownership, the offense is false pretenses. When only temporary control is intended, the offense is larceny by trick.
Supporting sources
Yes. The traditional common-law rule requires a knowing false statement about a past or existing fact. A false promise of future performance, even without present intent to perform, does not satisfy the element.
Supporting sources
…felonies. In 1964, 1966, and 1969 Helm was convicted of third-degree burglary. In 1972 he was convicted of obtaining money under false pretenses. In 1973 he was convicted of grand larceny. And in 1975 he was convicted of third-offense driving while intoxicated. The record contains no details about the circumstances of any of these…