Also known as: fraudulent pretense · false pretenses · false pretense · obtaining property by false pretenses · theft by false pretenses
Written by attorneys · grounded in primary & secondary sources — see below
A common-law offense committed when a defendant obtains title to another's personal property by means of a knowing false statement of a past or existing fact made with intent to defraud. The victim must rely on the misrepresentation in transferring ownership. Courts distinguish the offense from larceny by trick by determining whether the victim intended to convey title rather than mere custody or possession.
Fernando Farrell told Fatou Fall that a title company had already issued a clean report confirming all back taxes and liens on her apartment building were paid. In fact no report existed and liens remained. Relying on the statement, Fall executed and delivered a deed conveying full ownership to Farrell.
Felicity French told Francois Fortier and Flora Ford that her former employer had already assigned her all rights in a nearly identical codebase she supposedly wrote years earlier. The company still owned the code. Relying on the statement, the founders executed documents transferring full ownership of their proprietary tool to French.
Select any source to read its text and confirm it supports the definition.
Felix Franco told Freeman Engineering partners that a regional bank had already confirmed his fund had previously outperformed the market with similar bonds. No such report or history existed. Relying on the statement, the partners signed documents transferring full title to their municipal bond portfolio into Franco's fund.
Frostline Textiles executives told Foster Forge that a foreign distributor had already executed an exclusive assignment of all rights in a proprietary design archive. No assignment existed. Relying on the statement, Forge transferred full ownership of the archive to Frostline.
Fairfield Bank officers told Freeman Engineering that a prior lender had already released all security interests in manufacturing equipment. No release had occurred. Relying on the statement, the engineering firm executed documents conveying full title to the equipment to the bank.
Flora Ford told Fernando Farrell that an independent auditor had already completed and approved a clean due diligence report on her fund's prior returns. No report existed. Relying on the statement, Farrell signed documents transferring full title to his securities portfolio into Ford's fund.
False pretenses requires the defendant to obtain title to the property, while larceny by trick requires obtaining only custody or possession. Courts determine which offense applies by examining what interest the victim intended to convey. When the victim executes a deed or signs documents transferring ownership, title passes and the offense is false pretenses.
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 establish the offense.
Supporting sources
No. It is sufficient that the defendant intentionally induces a transfer of title by a knowing misrepresentation of a past or existing fact with intent to expose the victim to the risk of loss. Actual monetary loss is not required.
Supporting sources
False pretenses involves obtaining title through misrepresentation at the time of acquisition. Embezzlement requires that the defendant first obtain lawful possession by entrustment and then fraudulently convert the property while in that possession.
Supporting sources
…by the mail fraud statute. Sections 1341 and 1343 reach any scheme to deprive another of money or property by means of false or fraudulent pretenses, representations, or promises. As we observed last Term in McNally , the words “to defraud” in the mail fraud statute have the “common understanding” of “ ‘wronging one in his property…