Also known as: thefts by deceit · theft by deception · larceny by trick
Written by attorneys · grounded in primary & secondary sources — see below
A criminal offense committed when a person purposely obtains title to the property of another by creating or reinforcing a false impression about a past or existing fact with intent to defraud.
Leo met with retiree Marta and presented charts claiming guaranteed minimum returns plus government insurance backing for an investment fund. Leo knew both claims were false. Marta transferred her life savings in reliance on those statements. Leo thereby obtained title to Marta's money through knowing false representations of existing facts.
Lena told startup founders Oliver and Priya that her former employer had already assigned her rights to a nearly identical codebase. In fact the company still owned the code. Relying on that statement the founders executed documents transferring full ownership of their software tool to Lena. Lena thereby obtained title through a knowing misrepresentation of a past and existing fact.
Select any source to read its text and confirm it supports the definition.
Theft by deceit requires the victim to intend transfer of title while larceny by trick requires only an intent to transfer possession or custody. Courts look to the interest the victim meant to convey to decide which offense applies.
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Yes. A false promise about future performance does not satisfy the element even if the defendant never intended to perform. The statement must address a past or existing fact such as current legal rights or completed reports.
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No. The offense is complete once the defendant obtains title through the knowing misrepresentation. Later financial results do not affect whether the crime occurred.
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Concrete assertions about legal backing, completed reports, or existing rights qualify as factual misrepresentations. Vague optimistic statements that ordinary people would not take literally do not.
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…twelve hundred and ninety of the penal law, was denominated a larceny, to wit: common law larceny by asportation, common law larceny by trick and device, obtaining property by false pretenses, and embezzlement.” [^maj-34]: Cf. Morgan, Instructing the Jury Upon Presumptions and Burden of Proof, 47 Harv. L. Rev. 59; Morgan, Some…