False Pretenses

• Author: Jeffrey Lehman, Shirelle Phelps

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False representations of material past or present facts, known by the wrongdoer to be false, and made with the intent to defraud a victim into passing title in property to the wrongdoer.

Suppose Reba tells Alberto that a synthetic gemstone is a valuable diamond that she will give to Alberto in exchange for Alberto's truck. Alberto thinks this sounds like a good deal and transfers title of his truck to Reba. If Reba knows that the stone is a synthetic gemstone, she is guilty of false pretenses.

A truthful statement that causes someone to give up rights in property does not constitute criminal false pretenses; a representation must be false at the time the potential victim is about to pass title. If the representation was false when made, but changing circumstances made it true by the time the victim passed title, false pretenses did not arise. Also, if the alleged wrongdoer thought his or her statement was a lie, but the statement was in fact true, the crime of false pretenses was not committed. For example, if Reba thinks the stone is synthetic, but it actually is a diamond, her statement to Alberto claiming that it is a diamond is true (even if she doesn't know it). Therefore, Reba is not guilty of false pretenses.

A false representation can be a verbal, written, or implied statement. For example, if a statement suggests that the wrongdoer has the

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authority, power, or ability to perform what is represented, but the wrongdoer does not have that authority, power, or ability, the implication is a false representation.

A false representation can also occur when the wrongdoer says or does nothing. This is the case when someone knowingly conceals information that the victim should be made aware of. For example, if Reba tells Alberto that she will trade her valuable sports car for Alberto's truck, knowing that the sports car does not have a motor, she must tell Alberto about the missing motor or her nondisclosure will be a false representation.

The false representation supporting false pretenses must be about a material fact. A material fact is one that would be important to the victim in his or her decision-making process. For example, it is important for Alberto to know that Reba's sports car does not have a motor, because without a motor, the car is less valuable and cannot be driven. It is less important for him to know that the tire pressure is low, because that fact does not...