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Topic: False pretenses



  
 False pretenses - Wikipedia, the free encyclopedia
Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property.
False pretenses or obtaining property by false pretenses is a common law crime ; it is also a statutoraly created law to handle situations where
Simply making a false promise or statement is not sufficient.
http://en.wikipedia.org/wiki/False_pretenses

  
 [No title]
Technically, however, theft by false pretenses was regarded as distinct from common law larceny because it involved a consensual transfer of title to the thief, albeit a consent wrongfully obtained through fraudulent representation of fact.
On appeal, the defendant argued that her conduct amounted to false pretenses, not larceny, and therefore that she was wrongfully convicted of violating Section 2113(b), because her execution of the withdrawal slips constituted a misrepresentation on her part that induced the bank to transfer title and possession of the money.
The 1937 enactment, in addition to omitting the specific reference to false pretenses that had been in the 1934 bill proposed by the Attorney General, also omitted the language "without the consent of such bank" that described a trespassory taking, which was an essential element of common law larceny.
http://www.usdoj.gov/osg/briefs/1982/sg820048.txt

  
 174 Misc
"False pretenses" is not statutorily defined, although it is defined by the courts as follows: false statements about some prior or existing facts.
The Penal Law specifically defines "false promise" as "[a] person obtains property by false promise when, pursuant to a scheme to defraud, he obtains property...
While the scheme to defraud sections do not specifically define these latter terms, the terms "false pretenses" and "false promise" are also contained in title J of the Penal Law (Offenses Involving Theft) [***31] (Penal Law § 155.05 [2] [a], [d]).
http://www.timmontalvo.com/tim/legal_research/bribery-research2.htm

  
 JURCRM0920
The term ''false pretense'' as used in the statute means a false representation of fact.
It would not be obtaining property under false pretenses where possession of the property was intended to be acquired for some temporary use of relatively brief duration, after which the property would be returned or recovered.
Furthermore, a mere statement of opinion, as distinguished from a statement of fact, is not a false pretense under the statute.
http://www.jud.state.ct.us/CriminalJury/9-20.html

  
 New Page 3
The trial court's instructions on the corroboration necessary for individualized determinations of guilt properly stated the law of corroboration in false pretense cases.
Trial court did not abuse its discretion by denying motion to sever made by co- owners and salespersons charged with obtaining money under false pretenses for their participation in a telemarketing scam since co-owners and salespersons were appropriately charged in a single indictment and no prejudice was shown to have resulted from joinder.
The Supreme Court held that: (1) testimony of unconnected victims who were defrauded in scam constituted corroborating circumstances to support false pretense convictions; (2) offense of conditioning prize upon a purchase is not a lesser included offense of obtaining money under false pretenses; and (3) denial of defendants' motion to sever was proper.
http://www.lesstovall.com/Amen.htm

  
 People v. Norman, 85 N.Y.2d 609 (1995)
Defendant King, who was also convicted of larceny, contends that the case against him was erroneously submitted as a larceny by false pretenses rather than a larceny by false promise and that, accordingly, he was wrongly deprived of the benefit of the higher burden of proof that is required in connection with the latter crime.
Their appeals from the judgments ofconviction require us to revisit the specialized requirements for the crimes that were known as larceny by false promise and larceny by false pretenses before the adoption of the Penal Law.
With regard to larceny by false pretenses, the Penal Law incorporates the historical elements that were applied at common law, i.e., a false material statement about a past or presently existing fact (Penal Law § 155.05 [2] [a]; see, People v Churchill, supra).
http://wings.buffalo.edu/law/bclc/web/nynorman.html

  
 Criminal Law Discussed - 4
During the common law era, for the statutory crime of false pretenses to occur, the misrepresentation needed to be affirmative in nature.
For example, if D pays V for a car with counterfeit money, this would be false pretense in the sense that D obtains title and possession to the car based on D's present misrepresentation that the money as real.
Finally, since false pretenses required a specific intent to steal, i.e., defraud,  valid mistake of fact or intoxication or claim of right might be potential defenses. 
http://stclguns.homestead.com/Bushrod4.html

  
 The Office of the Attorney General of Vermont: : Vinyl Siding Salesman Charged with False Pretenses
False pretenses is a felony, with a potential penalty of not more than ten years imprisonment, a fine of $1,000.00, or both.
In both cases, Kantorski is alleged to have done none of the work that he agreed to do despite repeated requests from the customers.
In an information filed at the Rutland District Court, Kantorski is charged with taking a total of over twenty-two thousand dollars in payments for work which was never done.
http://www.atg.state.vt.us/display.php?pubsec=4&curdoc=35

  
 LawKT.com: Law Firm Publications on False Pretenses
If the infraction involves false pretenses, the penalties increase to $100,000 and 5 years in prison; if it involves commercial or personal gain or malicious harm, the penalties are $250,000 and 10 years in prison.
If the infraction involves false pretenses, the penalties increase to $100,000 and five years in prison; if it involves commercial or personal gain or malicious harm, the penalties are $250,000 and 10 years in prison.
If the infraction involves false pretenses, the penalties increase to $100,000 and five years in prison; if it involves commercial or personal gain or malicious harm, the penalties are up to $250,000 and ten years in prison.
http://news.surfwax.com/law/pubs/False_Pretenses.html

  
 [No title]
The court of appeals correctly concluded that while "the indictment charged that he obtained money by false pretenses, representations and promises, it is important to understand that the indictment was not dependent on that statement." Pet.
It noted that the instructions required the jury to find that petitioner devised a scheme to defraud the bank and acted with specific intent to defraud, so that there was no question that it was properly instructed with respect to the first prong of Section 1344(a).
The court also instructed that there had to be fraudulent misrepresentations or omissions that were reasonably calculated to deceive persons of ordinary intelligence.
http://www.usdoj.gov/osg/briefs/1990/sg900749.txt

  
 S.C. Code of Laws Title 16 Chapter 13 Forgery, Larceny, Embezzlement, False Pretenses And Cheats - ...
A person who by false pretense or representation obtains the signature of a person to a written instrument or obtains from another person any chattel, money, valuable security, or other property, real or personal, with intent to cheat and defraud a person of that property is guilty of a:
If upon the trial of any person indicted for a misdemeanor under the provisions of Section 16-13-240 it shall be proved that he obtained the property in such a manner as to amount in law to larceny he shall not, by reason thereof, be entitled to be acquitted of such misdemeanor.
A person violating this provision is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than two years or fined not more than one thousand dollars and the person convicted must be ordered to pay restitution to the public housing agency.
http://www.scstatehouse.net/code/t16c013.htm

  
 Oklahoma Attorney General - www.oag.state.ok.us
She pleaded guilty to one count of obtaining money by false pretenses and agreed to pay the $14,900 she is alleged to have illegally obtained from the state.
She is accused of illegally receiving $66,878.31 in pay from the state.
She was later charged with one count of violating the state’s computer crimes act.
http://www.oag.state.ok.us/oagweb.nsf/0/f355a8bc9fdd71c686256c16005d3235?OpenDocument

  
 CHAPTER 948 FRAUDS AND FALSE PRETENSES
The person who wrongfully obtains a registration or the transfer of a registration, as aforesaid, may be tried therefor either in the venue where the false pretense, device or representation was made or practiced or where such registration or transfer was made.
"False" imports requirement of specific intent to deceive.
Fraudulent issue and use of transfer ticket upon public conveyance.
http://search.cga.state.ct.us/dlpubs/pub/htm/Chap948.htm

  
 Carucci and Thomas - a Reno, Nevada Law Firm
The court further held that she was not guilty of larceny by false pretenses because she did not use her ATM card to obtain the money.
Schertz committed the crime of obtaining money by false pretenses because no pretenses or representations were ever made by Schertz and, understandably, no pretenses or representations are charged in the information.
The state initially charged Schertz with grand larceny and obtaining money by false pretenses.
http://www.nvlitigators.com/nevada3.htm

  
 Bell v. U.S.
Section 2113(b) does not apply to a case of false pretenses in which there is not a taking and carrying away, but it proscribes petitioner's conduct here.
Holding: The Bank Robbery Act was not limited to common-law larceny, but also proscribed the crime of obtaining money under false pretenses.
Issue: Whether the Act was limited to common law larceny or includes the crime of obtaining money under false pretenses?
http://www.4lawschool.com/criminal/bell.htm

  
 People v. Ashley
Procedure : The plaintiff in error was convicted of obtaining $400 in money by false pretenses, the verdict and judgment are not contrary to the weight of the evidence, judgment Affirmed.
Rule : One who is in possession of money belonging to another and obtains the title by false pretenses, he is guilty of the statutory offense of obtaining money by false pretenses.
Issue : Whether the df’s possession of the money as an agent by false pretenses is sufficient to render a conviction under the statute?
http://www.4lawschool.com/criminal/ashley.htm

  
 Statutes & Constitution :View Statutes : flsenate.gov
(b) If the false entry of a material fact is made with the intent to deceive any person as to the impairment of capital, as defined in s.
817.155 Matters within jurisdiction of Department of State; false, fictitious, or fraudulent acts, statements, and representations prohibited; penalty; statute of limitations.
Such making or dissemination of misleading advertising shall constitute and is hereby declared to be fraudulent and unlawful, designed and intended for obtaining money or property under false pretenses.
http://www.flsenate.gov/statutes/index.cfm?p=2&App_mode=Display_Statute&URL=Ch0817/ch0817.htm

  
 Rock & Rosmarin, LLP
False arrest - Any unlawful physical restraint of another's personal liberty, whether or not carried out by a peace officer.
Fraud - A false representation of a matter of fact which is intended to deceive another.
Fourth Amendment - The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials.
http://rockandrosmarin.com/dictionary.html?L=F

  
 Bank Search Law
The Act applies not only to those persons who use false pretenses, but also to any third party requesting the information when it is known or should be known that false pretenses will be used.
However, P.I.s must also have a court order in hand authorizing the bank investigation.
(1) by making a false, fictitious, or fraudulent statement or representation to an officer,
http://www.peoplefindernow.com/fsm-act.htm

  
 Support Modified LaFalce Amendment To HR 4321 To Improve Consumer Right
To ensure that financial institutions have an incentive to comply with the law and that consumers whose privacy is violated have recourse, wrongdoers should be subject to liability if they violate the law, subject to safe harbors and affirmative defenses to protect against any frivolous or unfounded lawsuits, as most other consumer banking laws provide.
Also, the liability provisions must apply to persons who obtain information under false pretenses or receive such information in violation of HR 4321.
While we commend Chairman Leach and other committee members for introducing the bill to address the serious problem of persons obtaining personal information under false pretenses, the bill needs to be improved in the areas of civil liability and compliance duties of financial institutions to ensure consumer privacy is protected.
http://www.consumersunion.org/finance/0805privdc898.htm

  
 9th Circuit Opinion
crime by false pretenses, but the district court's jury instruc-
promises were false when made; to wit: (a) that the
of theft by fraudulent pretenses and the government was obli-
http://www.ce9.uscourts.gov/web/newopinions.nsf/0/11cc20c4a8d3f19788256927007af009?OpenDocument

  
 Local Contractor Arrested for Obtaining Money By False Pretenses
The Contractors State License Board, which operates under the umbrella of the California Department of Consumer Affairs, licenses 278,000 contractors in California and investigates 25,000 complaints against licensed and unlicensed contractors annually.
SACRAMENTO- A Contractors State License Board (CSLB) investigation has led to the arrest of a local contractor who is charged with obtaining money by false pretenses.
Local Contractor Arrested for Obtaining Money By False Pretenses
http://www.cslb.ca.gov/news/news20041202.asp

  
 Opertaion Detect Pretext
The FTC asked the courts to halt the illegal practices permanently, freeze the defendants' assets pending trial, and order them to give up their ill-gotten gains.
Using False Pretenses to Steal Consumers' Personal Financial Information Violates The Law
Obtaining consumers' private financial information under false pretenses - a practice known as "pretexting" - violates federal law.
http://www.ftc.gov/opa/2001/04/pretext.htm

  
 23-201 - Obtaining labor by false pretenses; civil liability; classification
B. Upon conviction, and in the same proceeding, judgment shall be rendered in favor of the employee and against the employer for all wages unpaid, together with a reasonable attorney's fee to be fixed by the court.
Obtaining labor by false pretenses; civil liability; classification
23-201 - Obtaining labor by false pretenses; civil liability; classification
http://www.azleg.state.az.us/ars/23/00201.htm

  
 False Pretenses (Catherine Coulter) - Reviews on RateItAll
False Pretenses (Catherine Coulter) - Reviews on RateItAll
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http://www.rateitall.com/i-17978-false-pretenses-catherine-coulter.aspx

  
 FOUND info about: false
165 Return to the NEP The False Promise of Leninism and the Failure of Perestroika Oscar J. Bandelin (Author) false
391 A Treatise on the Writ of Habeas Corpus Including Jurisdiction, False Imprisonment, Writ of Error, Extradition, Mandamus, Certio William S. Church false
450 A Treatise on the Writ of Habeas Corpus, Including Jurisdiction, False Imprisonment, Writ of Error, Extradition, Mandamus, Certi William S. Church false
http://jupiter.vulkanoiden.de/false_yyy.html

  
 [No title]
We reverse the trial court's denial of defendant's motion to dismiss the Chapter 78A charges and we remand the cause with instructions to dismiss the Chapter 78A indictments, with leave to the State to obtain Chapter 78C indictments, if it is so advised.
Defendant argues that the trial court should have instructed the jury that to find defendant guilty, they had to find that he falsely represented that he was a registered dealer or salesman of securities as provided in the indictments.
Here, the State's evidence showed that defendant obtained property (the victims' money) by false pretenses (the statements that defendant was a "broker" or "licensed broker" and that their money would be invested in stock options).
http://www.ibiblio.org/pub/docs/nc-supreme-court/aug1793/clemmons

  
 Penalties for obtaining credit reports under false pretenses!
Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title, imprisoned for not more than 2 years, or both
Obtaining a consumer credit report under false pretenses can lead to fines and/or imprisonment for not more than 2 years, or both under the Fair Credit Reporting Act.
Penalties for obtaining credit reports under false pretenses!
http://www.fair-credit-reporting.com/fair-credit-reporting-act/fair-credit-reporting-1681q.html

  
 FTC IDs Firms
The FTC has notified the 175 firms that they must comply with federal law and that they are being monitored.
The practice of obtaining customer information under false pretenses is called pretexting, hence the name "Operation Direct Pretext." The Gramm-Leach-Bliley Act prohibits individuals from obtaining a customer's information from a financial institution or directly from the customer using false representations, fictitious documents, or forgery.
The Federal Trade Commission (FTC) recently announced that it has identified 175 Internet firms that offer to collect personal financial information under false pretenses and then sell it to third parties, which is a violation of federal law.
http://www.uscg.mil/Legal/la/topics/consumer_and_contract_matters/ftc_ids_firms.htm

  
 13-3202 - Procurement by false pretenses of person for purpose of prostitution; classification
13-3202 - Procurement by false pretenses of person for purpose of prostitution; classification
A person who knowingly, by any false pretenses, false representations or other fraudulent means, procures any other person to have illicit carnal relation with another person, is guilty of a class 6 felony.
Procurement by false pretenses of person for purpose of prostitution; classification
http://www.azleg.state.az.us/ars/13/03202.htm

  
 Spartanburg Public Safety Department
Obtaining Goods by False Pretenses is a misdemeanor and carries a sentence of 30 days and/or $465.00.
Mason collected money from a fire department substation by stating he was collecting for their daily subscription.
On Wednesday, July 9, 2003, Curtis Lee Mason surrendered to authorities and was charged with two counts of obtaining goods by false pretenses.
http://www.cityofspartanburg.org/News%20Release%202003/070903a.htm

  
 LAWDOG Credit Reporting: False Pretenses
The first one, Section 619, applies to "any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses"and provides that the person "shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both".
There are provisions of the Fair Credit Reporting Act, as amended, which provide for civil money damages to the consumer and to the consumer agency when reports are obtained under false pretenses, or knowingly without a permissible purpose.
See Section 619 of the Fair Credit Reporting Act, as amended, reproduced
http://www.lawdog.com/CREDIT/crta73.htm

  
 ebr11 --<leclair
At the moment, though, its authors have to be content with the pleasure parents take in making up or reading others' bedtime stories to their children, an act that may be at the root of all parasitical and monstrous fiction-making, an act of pretense before "false" was attached.
My dictionary offers the example, "to obtain money under false pretenses." Maybe when money is at stake, we want to be doubly clear.
For writers of hypertext monsters there may come to be ways of earning money from web-based works such as The Unknown.
http://www.altx.com/ebr/ebr11/11lec.htm

  
 false pretenses - OneLook Dictionary Search
noun : (law) an offense involving intent to defraud and false representation and obtaining property as a result of that misrepresentation
Words similar to false pretenses : false pretense, more...
We found 6 dictionaries with English definitions that include the word false pretenses :
http://www.onelook.com/?loc=rescb&w=false+pretenses

  
 LAWDOG Credit Reporting Dictionary: False Pretenses
In addition, punitive damages, attorney fees and costs may be awarded by a court, if successful.
Generally, one applies to any person who obtains consumer information under false pretenses, and the other applies to officers and employees of consumer reporting agencies who knowingly and willfully provide information concerning an individual from the agency's files to a person not authorized to receive that information.
Additionally, any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000.00, whichever is greater.
http://www.lawdog.com/CREDIT/crta171.htm

  
 September 11, 2001 Terrorist Attack Timeline - The History Beat
Authorities suspected one of them was holding a false pilot's license, but he was a pilot.
Between 4:15 and 5:00 PM EDT, 10 people were detained at New York airports, reportedly including persons who had boarded planes under false pretenses, persons who had been trained to fly aircraft at the same schools as the previous terrorists, and people who had attempted to bring knives and other weapons past airport security.
He was carrying papers, including a visa, which were owned by his brother in Boston, who happened to live in the same building as three of the people suspected of involvement in the hijackings.
http://history.searchbeat.com/911.htm

  
 Moviefone: False Pretenses Movie
UCMJ - Article 134 - (False pretenses, obtaining services under)
(2) That the obtaining was done by using false pretenses;...
Next Article > Article 134 - (False pretenses, obtaining services under) >...
http://movies.channel.aol.com/movie/main.adp?mid=1058242

  
 False Pretenses Catherine Coulter
Please click on a store name to buy this book or to view further details.
To allow you to quickly compare prices, the stores are arranged in order of delivered price, cheapest first.
Below you will see a list of US book stores, along with their stock and price details for False Pretenses by Catherine Coulter.
http://www.bookkoob.com/book/0451199685.htm

  
 The Ten Commandments: The Eighth Commandment
One is almost disposed to ask for an application to the clergy of the law about obtaining money under false pretenses." [ *85 ]
Each of these objects was at first launched upon the world with deliberate mendacity.
Lecky, one of the most authentic and scrupulous of historians, reviewing the history of the frauds and forgeries of the Church, said:
http://www.positiveatheism.org/hist/lewis/lewten83.htm

  
 Boston.com / News / Boston Globe / Opinion / Letters / A war based on false pretenses
Portsmouth, N.H. © Copyright 2005 The New York Times Company
There can be no greater crime than to initiate a war based on false pretenses.
Boston.com / News / Boston Globe / Opinion / Letters / A war based on false pretenses
http://www.boston.com/news/globe/editorial_opinion/letters/articles/2005/01/20/a_war_based_on_false_pretenses?mode=PF

  
 The Volokh Conspiracy -
He made a promise without any intention of fulfilling it.
His memo showed that many of the allegations were based on false premises.
E.J. Dionne may believe that Scalia should recuse because of his close relationship to the administration (and his role in Bush v.
http://volokh.com/archives/archive_2004_03_21.shtml

  
 FALSE PRETENSES OF BUSH'S GAY MARRIAGE REVERSAL
However, according to the president's closest congressional ally on the gay marriage issue, this explanation is false -- the president made his decision months ago and well before actions by the states and courts.
While the new revelations show that the president's announcement was made under false pretenses, an analysis of the president and Vice President's past statements show that they were also misleading America four years ago in presenting a wholly different position on the gay marriage issue.
By contrast, the Massachusetts court ruled on February 6th, San Francisco moved on February 11th, and New Mexico acted on February 20th.
http://www.tylwythteg.com/enemies/Bush/bush131.html

  
 [No title]
This can range from claiming zircons are diamonds and turning back the odometer on a car, to falsely stating that a mine has been producing gold when it has not.
http://dictionary.law.com/definition2.asp?selected=729&bold=

  
 False Pretenses - Catherine Coulter - Penguin Group (USA)
False Pretenses - Catherine Coulter - Penguin Group (USA)
First published in 1988, False Pretenses was not only Catherine Coulter 's first foray into contemporary suspense, but it was also her first hardcover.
It is the explosive story of how one woman must survive the destruction of her perfect life--and the intentions of three mysterious men...
http://us.penguingroup.com/nf/Book/BookDisplay/0,,0_0451199685,00.html

  
 abc7.com: Bush Denies He Led Nation to War under False Pretenses
Bush denied he led the United States into war under false pretenses, but he acknowledged that some prewar intelligence apparently was inaccurate.
Bush Denies He Led Nation to War under False Pretenses
He did not directly respond to election-year allegations that his administration exaggerated intelligence to bolster a march to oust the Iraqi president.
http://abclocal.go.com/kabc/news/020804_nw_ap_bush_interview.html

  
 False pretenses - definition of False pretenses by the Free Online Dictionary, Thesaurus and Encyclopedia.
This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional.
false representations concerning past or present facts and events, for the purpose of defrauding another.
In the third place, I have good reason to believe that you entered Miss Ladd's school as a teacher, under false pretenses.
http://www.thefreedictionary.com/False%20pretenses

  
 Tom Maertens - We Were Led to War Under False Pretenses
A year after the invasion of Iraq, it's now clear we were led into war under false pretenses.
Tom Maertens - We Were Led to War Under False Pretenses
Tom Maertens of Mankato, Minnesota served as National Security Council director for nuclear nonproliferation on both the Clinton and Bush White House staffs, and as the State Department's deputy coordinator for counterterrorism during and after Sept. 11, 2001.
http://tommaertens.com/writing/stppress/3192004.html

  
 If the Iraq War Was Fought on False Pretenses, What About the Casualties? Naomi Klein
Opinions expressed in various sections are the sole responsibility of their authors and they may not represent Al-Jazeerah's.
And if that’s the case, the most urgent question is not who knew what when, but who owes what to whom?”
WASHINGTON, 21 February 2004 — It was Mary Vargas, a 44-year-old engineer in Renton, Washington, who carried US therapy culture to its new zenith.
http://www.aljazeerah.info/Opinion%20editorials/2004%20opinions/Feb/21%20o/If%20the%20Iraq%20War%20Was%20Fought%20on%20False%20Pretenses,%20What%20About%20the%20Casualties%20Naomi%20Klein.htm

  
 Fenton woman arrested, charged with soliciting vehicle donations under false pretenses
Fenton woman arrested, charged with soliciting vehicle donations under false pretenses
Jefferson City, Mo. — A Fenton woman who allegedly solicited the charitable donation of vehicles under false pretenses was arrested Thursday (May 15) and charged with five felony counts of consumer fraud.
Consumers with questions about a product, service or company should e-mail the Consumer Protection Division or file a complaint if they believe they have been defrauded.
http://www.ago.state.mo.us/newsreleases/2003/051603.htm

  
 Different degrees of larceny, embezzlement and false pretenses
Depending on the value of the property appropriated, these crimes can be considered "petit" (which is a misdemeanor) or "grand" (which is a felony).
Have You Been Injured By Bextra or Vioxx?
Are there different degrees of larceny, embezzlement and false pretenses?
http://criminal-law.freeadvice.com/white_collar_crimes/degrees_larceny.htm

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