Legal Definitions - false pretenses

False pretenses is a legal term for a crime that occurs when someone intentionally deceives another person to obtain ownership (known as "title") of their property. This involves making a false statement about a past or existing fact, knowing that the statement is untrue, and doing so with the specific intention to defraud the victim. The critical distinction of false pretenses is that the victim not only gives up possession of their property but also transfers legal ownership to the deceiver, based on the fraudulent misrepresentation.

Here are some examples to illustrate this concept:

• Example 1: The Falsely Advertised Vehicle

  Imagine a seller advertises a classic car online, claiming it is a rare, perfectly restored model with all original parts and a certified low mileage. To support these claims, the seller provides doctored photos and a fabricated appraisal document. A buyer, convinced by these detailed but false representations, purchases the car and receives the vehicle's title, transferring a significant sum of money to the seller. Later, the buyer discovers the car is a common model, poorly restored with non-original parts, and worth substantially less than what they paid.

  This illustrates false pretenses because the seller made specific, false statements of existing facts (the car's originality, restoration quality, and value) with the clear intent to defraud. The buyer, relying on these lies, transferred ownership of their money to the seller and received the car's title, which was obtained through deception.

• Example 2: The Bogus Investment Opportunity

  Consider a scenario where an individual approaches a potential investor, claiming to be a representative of a highly successful, exclusive hedge fund. They present official-looking but fake brochures and a prospectus for a "guaranteed high-return" investment, stating it's backed by secure government contracts. The investor, trusting these elaborate but false representations, writes a check for a substantial amount, transferring the funds to an account controlled by the deceiver, believing they are investing in a legitimate fund.

  This is an example of false pretenses because the deceiver made false statements about their identity, the existence and nature of the investment fund, and its backing (all existing facts). Their intent was to defraud the investor. The victim, believing these falsehoods, transferred ownership of their money (the funds from the check) to the deceiver, thereby fulfilling the requirement of obtaining title to the property.

• Example 3: The Counterfeit Artwork Sale

  A person sells a painting to an art collector, claiming it is an authentic work by a famous master, complete with a forged certificate of authenticity and a fabricated provenance (history of ownership). The seller knows the painting is a cheap replica. The art collector, believing the painting to be genuine based on the seller's representations and documentation, purchases it for a high price and takes possession, receiving a bill of sale that transfers ownership.

  Here, the seller committed false pretenses by making false statements of existing fact (the painting's authenticity and origin) with the intent to defraud the collector. The collector, relying on these lies, transferred ownership of their money to the seller in exchange for the painting, thereby transferring title to the funds under false pretenses.