Also known as: obtain by false pretenses · obtained by false pretenses · obtaining property by false pretenses · false pretenses · theft by false pretenses
Written by attorneys · grounded in primary & secondary sources — see below
A common law theft offense that occurs when a defendant obtains title to property of another by a knowing false statement about a past or existing fact made with intent to defraud. The victim must actually rely on the misrepresentation in transferring title. Courts distinguish this offense from larceny by trick by examining whether the victim intended to convey title rather than mere custody or possession.
Martin told Evelyn that a hotel chain had already signed a binding contract to buy her lot. Evelyn relied on the statement and executed a warranty deed conveying fee simple title to Martin's LLC. Martin recorded the deed. Because Evelyn intended to pass present ownership rather than temporary custody, Martin obtained title through the knowing misrepresentation of an existing fact.
Caleb told Nora that a distributor had already issued a written purchase order for her entire wheat crop. Nora signed over the warehouse receipts and full title to the wheat. Because Nora intended to transfer ownership based on the false statement about an existing commitment, Caleb obtained title through the knowing misrepresentation.
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Rafael told Lena that a bank had already approved and documented a floor-plan credit line naming his company as owner of record. Lena signed over the certificates of title to Horizon Finance. Because Lena intended to pass ownership rather than mere possession, Rafael obtained title through the knowing misrepresentation of an existing fact.
Rafael stated that a bank had already approved a credit line for cars on Lena's lot. Lena signed over the certificates of title to Horizon Finance. Because the misrepresentation concerned an existing fact and Lena intended to convey ownership, Rafael obtained title through the knowing false statement.
Everett told Katie that a foreign buyer had already executed a bill of sale and deposited funds in escrow for diverted electronics. Katie agreed to warehouse the crates. Because Katie intended only temporary storage and not a transfer of title, Everett did not obtain title through the false statements.
Malik scanned a pallet of tablets as loaded and moved it onto the dock plate. Apex retained title throughout. Because no victim transferred ownership through any false statement of fact, the conduct did not satisfy the elements of obtaining property by false pretenses.
False pretenses requires the defendant to obtain title to the property. Larceny by trick applies when the defendant obtains only custody or possession while the victim intends to retain title. Courts look to the interest the victim intended to convey.
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Yes. Under the traditional common law rule a misrepresentation about a future promise or event does not suffice even if the defendant never intended to perform. The statement must relate to a past or existing fact.
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The defendant must act with intent to defraud. This element is satisfied when the defendant makes the knowing false statement to induce the victim to transfer title and thereby expose the victim to a risk of loss.
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Yes. The victim must actually rely on the false statement in deciding to transfer title. Without reliance the offense is not complete.
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The statement must create a false impression about a matter of fact that a reasonable person would understand as factual. Mere sales puffing or failure to correct a preexisting mistaken belief does not qualify.
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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.