Жалған сөз арқылы мүлікті иелену

Acquisition results from intentional misrepresenting of a past or existing fact

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In criminal law, property is obtained by false pretenses when the acquisition results from the intentional misrepresentation of a past or existing fact.

There must be a description or portrayal of something that is false. If a person makes a statement about something that he mistakenly believes to be untrue there is no false representation. For example, if a person represents that the stone in a ring is a diamond when he believes that is in fact made of cubic zirconia, he is not guilty of false pretenses if it turns out that the ring was in fact a diamond. The representation must be false at the time title passes. Thus if the representation was false when made but is true at the time title to the property passes there is no crime. For example, representing to a seller that you have funds available in your bank account to pay for the goods when in fact your account has a zero balance is not false pretenses if at the time the transaction takes place adequate funds are present in the account. The representation may be oral or written. The misrepresentation has to be affirmative. A failure to disclose a fact does not fit this misrepresentation in common law, unless there is a fiduciary duty between the thief and victim. Moreover, opinion and puffing are not considered misrepresentation as they color the facts but do not misrepresent them.

The representation must relate to a material past or existing fact. A representation concerning a future state of facts is not sufficient. Nor is merely an expression of opinion.

A mistaken representation about some past or existing state of facts is not sufficient for false pretense.

It is essential that the victim of the false pretenses must actually be deceived by the misrepresentation: the victim must transfer title to the property in reliance on the representation; and the victim being deceived must be a major (if not the only) reason for the victim's transferring title to the defendant. Simply making a false promise or statement is not sufficient. It is not a defense to false pretenses charge that a reasonable person would not have been deceived by the false representation. No matter how gullible the victim, if they were in fact deceived then the offense has been committed. On the other hand, the offense requires the victim believe the representation to be true. If the person to whom the representation has been made has doubts or serious misgivings about the truth of the representation but nonetheless goes through with the transaction, they have not been deceived they have basically assumed the risk of a false representation.

False pretense is conventionally referred to as a crime against "title" and "title" must pass from the victim to the perpetrator for the crime to be complete. However, this is not to be taken literally for the simple reason that a person who obtains ownership of property by deceit does not obtain full title to the property; only a voidable title. False pretense applies to situations where the wrongdoer by deceit obtains "title or ownership – or whatever property interest the victim had in the chattel, if it was less than title." In such case the crime would be larceny by trick rather than false pretenses. or the false making of any order purporting to be a money order.

The first "modern" false pretense statute was enacted by Parliament in 1757.

In Arizona, obtaining money or property by falsely impersonating another is punishable as for larceny. Obtaining credit by false pretenses as to wealth and mercantile character is punishable by six months imprisonment and a fine not exceeding three times the value of the money or property obtained.

In Illinois, whoever by any false representation or writing signed by him, of his own respectability, wealth or mercantile correspondence or connections, obtain; credit and thereby defrauds any person of money, goods, chattels or any valuable thing, or who procures another to make a false report of his honesty, wealth, &c., shall return the money, goods, &c., and be fined and imprisoned for a term not exceeding one year. Obtaining money or property by bogus cheques, the confidence game, or three card monte, sleight of hand, fortune telling, &c., is punishable by imprisonment for from one to ten years. Obtaining goods from warehouse, mill or wharf by fraudulent receipt wrongly stating amount of goods deposited by imprisonment for not less than one nor more than ten years. Fraudulent use of railroad passes is a misdemeanor. A person who knowingly personates a public official, a veteran, the recipient of a medal, the holder of a title, or profits from a false academic degree is unlawful.

In Massachusetts it is simple larceny to obtain by false pretenses the money or personal chattel of another. Obtaining by false pretence the making, acceptance or endorsement of a bill of exchange or promissory note, the release or substitution of collateral or other security, an extension of time for payment of an obligation, or the release or alteration of the obligation of a written contract, is larceny and punishable by imprisonment.

In New York, obtaining property by false pretenses, felonious breach of trust and embezzlement are included in the term larceny, but the methods of proof required to establish each crime remain as before the code. Obtaining lodging and food on credit at hotel or lodging house with intent to defraud is a misdemeanor. Purchase of property by false pretences as to persons means or ability to pay is not criminal when in writing signed by the party to be charged

False pretences as a concept in the criminal law is no longer used in English law. It used to refer to the means whereby the defendant obtained any chattel, money or valuable security from any other person with intent to defraud, indictable as a misdemeanour under the Larceny Act 1861 as amended by the Larceny Act 1916. The modern concept is a deception and it is used as the common basis of the actus reus (the Latin for "guilty act") in the deception offences under the Theft Act 1968 and in the Theft Act 1978. The Fraud Act 2006 repealed these latter two Acts and replaced deception offences with other offences.