Legal Definitions - cosening

Cosening is an older or alternative spelling of the legal term cozening. It refers to the act of deceiving, tricking, or defrauding someone, often through artful persuasion, subtle manipulation, or false pretenses, to induce them to do something or to part with something valuable, such as money, property, or a legal right. Essentially, it describes a form of swindling or obtaining something by cunning and deceit.

• Example 1: The Bogus Investment Opportunity

  A charismatic individual approaches a retired couple, claiming to be a financial advisor with an exclusive opportunity to invest in a groundbreaking, high-yield renewable energy project. They present impressive-looking but fabricated brochures, financial statements, and testimonials. Through a series of persuasive meetings and false promises of guaranteed returns, they convince the couple to transfer their life savings into what turns out to be a non-existent company, with the individual disappearing shortly after the funds are received.

  This scenario illustrates cosening because the individual used deliberate deceit, false pretenses (being a financial advisor, presenting a fake investment), and artful persuasion to trick the couple into parting with their money. The intent was to defraud and gain financially through cunning manipulation.

• Example 2: Misrepresentation in a Business Acquisition

  During negotiations for the sale of a small manufacturing business, the seller intentionally provides the prospective buyer with doctored financial records that inflate the company's revenue and profitability. The seller also falsely claims that a major client has just signed a lucrative, long-term contract, knowing full well that the client is actually planning to terminate their relationship. Relying on these misleading figures and false assurances, the buyer agrees to purchase the business at a significantly higher price than its true value.

  This is an instance of cosening because the seller intentionally used false financial documents and made untrue statements about the business's prospects to deceive the buyer about its true value. Their goal was to induce the buyer to purchase the business at an inflated price, thereby gaining financially through trickery and misrepresentation.

• Example 3: The Fake Raffle Prize

  An individual sets up a booth at a local fair, advertising a raffle for a luxury car. They collect entry fees from numerous participants, promising that the winner will be announced at the end of the day. They display a picture of an expensive car and official-looking raffle tickets. However, there is no luxury car, no actual raffle, and the individual simply pockets all the entry fees, leaving the fair before the announced drawing time.

  This example demonstrates cosening as the individual employed a deceptive scheme (fake raffle, false prize) to trick the public into paying money under false pretenses. The act involves cunning and misrepresentation to fraudulently obtain funds from unsuspecting participants.