Also known as: false pretenses · false pretence · false pretences · obtaining by false pretenses
Written by attorneys · grounded in primary & secondary sources — see below
A common law offense that occurs when a defendant obtains title to the property of another by a knowing false statement of past or existing fact made with intent to defraud. The victim must rely on the misrepresentation in conveying title rather than mere custody or possession. Courts distinguish the offense from larceny by trick by examining the interest the victim intended to transfer.
Francesca Fowler told Freya Freeman that her prior employer had already assigned her rights to a nearly identical software codebase. Relying on that statement about existing rights, Freeman executed documents conveying full ownership of her startup tool to Fowler. Fowler later sold the tool to another firm. Because Freeman intended to pass title rather than temporary custody, Fowler obtained the property by false pretenses.
Frank Fisher told Floyd Franklin that a bank had already confirmed his fund's prior outperformance with similar municipal bonds. Relying on that representation of completed due diligence and past results, Franklin signed documents transferring full title to his bond portfolio into the fund. Fisher knew no such report or history existed. The transfer of ownership rather than custody establishes false pretenses.
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Forrest Falconer told Finn Fletcher that a title company had already issued a clean report showing all back taxes and liens paid on an apartment building. Relying on that statement of existing facts, Fletcher executed and delivered a deed conveying ownership to Falconer. No report had been issued and liens remained. The delivery of the deed shows intent to transfer title, satisfying false pretenses.
Foster Forge told Frontier Capital that its former employer had already assigned all rights in a comparable codebase. Relying on that factual representation, the company executed documents conveying full ownership of its proprietary tool. Forge knew the assignment had never occurred. The formal transfer of title rather than possession completes the offense of false pretenses.
Flagship Logistics told Franklin Foundry that a foreign buyer had already executed a bill of sale and deposited funds in escrow for diverted electronics. Relying on those statements, the foundry agreed to accept the crates for storage and resale. No bill or deposit existed. Because the foundry conveyed only temporary custody rather than title, the conduct does not constitute false pretenses.
Floyd Franklin told Freya Freeman that a tract was free of liens when he had in fact borrowed against it. Relying on that statement of existing facts, Freeman purchased the land and paid the purchase price. Franklin later concealed the loan to complete the sale. The conveyance of title through the knowing misrepresentation establishes false pretenses.
False pretenses requires the defendant to obtain title to the property, while larceny by trick requires only custody or possession. Courts look to the interest the victim intended to convey when deciding which offense applies.
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Yes. A false promise of future performance, even without present intent to perform, does not satisfy the common law requirement of a knowing false statement about a past or existing fact.
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The defendant must act with intent to defraud, meaning the misrepresentation is made to induce the victim to transfer title and expose the victim to loss.
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No. It is sufficient that the defendant intentionally induces transfer of title by a knowing misrepresentation of fact with intent to expose the victim to the risk of loss.
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…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…