Also known as:thefts by fraud · larceny by trick · theft by false pretenses
Written by attorneys · grounded in primary & secondary sources — see below
A common-law theft offense committed when a defendant obtains title to another's property by making a knowing false statement of past or existing fact with intent to defraud and the victim relies on the misrepresentation in transferring title.
Sources & Authorities
How it applies
Common Examples
3
Title Transfer via False Ownership Claim
Tyler Taylor told Trailblazer Airlines executives that his prior employer had already assigned him full rights to a nearly identical software system he claimed to have written years earlier. Relying on that statement the executives executed documents conveying title to their proprietary tool. Taylor later sold the tool to another firm. Because the victims intended to pass ownership rather than mere custody the transaction satisfies the elements of theft by fraud.
Fraudulent Bond Portfolio Transfer
Trevor Tate met with client Tara Tran to discuss her municipal bond holdings. Tate falsely stated that a regional bank had already confirmed his fund's prior market outperformance with similar bonds. Relying on the representation Tran signed documents transferring full title to the bonds into Tate's fund. The transfer of ownership rather than custody establishes theft by fraud.
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Common Law
Hornbooks
Deed Conveyance Based on Lien Misrepresentation
Taliah Tang told property owner Theo Thomas that a title company had already issued a clean report confirming all back taxes and liens were paid. In fact no such report existed. Relying on the statement Thomas executed and delivered a deed conveying the building to Tang. The victim's intent to transfer ownership supports a finding of theft by fraud.
Common questions
Frequently Asked
3
How does theft by fraud differ from larceny by trick?+
Theft by fraud requires the victim to intend to convey title while larceny by trick occurs when the victim intends to convey only custody or possession. Courts look to the interest the victim meant to transfer to distinguish the two offenses.
Supporting sources
What type of misrepresentation supports theft by fraud?+
The misrepresentation must concern a past or existing fact. A false promise about future performance even if made without present intent to perform does not satisfy the element.
Supporting sources
Does the victim need to suffer actual monetary loss for theft by fraud?+
No. It is enough 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.
Supporting sources
342 U.S. 246, 72 S.Ct. 240, 96 L.Ed. 288.Criminal Law
…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 falsepretenses, and embezzlement.” [^maj-34]: Cf. Morgan, Instructing the Jury Upon Presumptions and Burden of Proof, 47 Harv. L. Rev. 59; Morgan, Some…