What is a crime of obtaining money by deception?

Any illegal act that involves the use of deception to obtain money or other property from a financial institution, or from a bank's depositors, is often categorized as bank fraud. Like other fraud offenses, bank fraud involves the use of a ?scheme or artifice? to obtain something of value.

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North Carolina Indictment Obtaining Property by False Pretenses

Raleigh North Carolina Indictment Obtaining Property by False Pretenses

Name: Raleigh North Carolina Indictment Obtaining Property by False Pretenses
Brand: US Legal Forms
Rating: 4.62 (254 reviews)

Category:

North Carolina Criminal - Process

State:

North Carolina

City:

Raleigh

Control #:

NC-CR-137

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Indictment for Obtaining Property By False Pretenses: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.

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How to fill out Raleigh North Carolina Indictment Obtaining Property By False Pretenses?

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False pretenses involves an intent to obtain property or money by means of fraud or misrepresentation. For example: False pretenses occur in situations when a salesperson/contractor promises to provide specified goods or services, receives payment, but intentionally fails to deliver on the promise.

Thus, the essential element of false pretense is that the victim must actually be deceived by the misrepresentation, and the misrepresentation must be a major factor of the victim transferring title to the deceiving party.

To prove the offence of obtaining by false pretence, the accused must by a false pretence, with intend to defraud, obtain something of value capable of being stolen from another person. The prosecution must prove the false pretence together with a fraudulent intention in obtaining the property of the person cheated.

Under common law, a defendant commits the crime of false pretenses when by making an intentional statement with intent to defraud the victim he obtains title to the personal property of the victim.

Any illegal act that involves the use of deception to obtain money or other property from a financial institution, or from a bank's depositors, is often categorized as bank fraud. Like other fraud offenses, bank fraud involves the use of a ?scheme or artifice? to obtain something of value.

Penal Code 532 PC prohibits theft by false pretenses ? which is defined as defrauding someone of money or property by way of false promises or representations. The offense may be prosecuted as a misdemeanor or a felony and carries a penalty of up to 3 years in jail or prison.

An example of False Pretenses occurs when the defendant tells the victim that he will trade his expensive Rolex watch for the victim's sport's car.

The main difference between false pretenses and larceny is that a thief who secures title is guilty of false pretenses while someone who secures possession through fraud is guilty of larceny by trick.

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Watch our video about misdemeanors and felonies in North Carolina. Case opinion for NC Court of Appeals STATE v.Jones, 223 N.C. App. Get free access to the complete judgment in STATE v. Most insurance customers are honest and do not set out to commit fraud. ExNC deputy says he was following orders. A. North Carolina General Statue 108A-64 entitled "Medical Assistance Recipient. Some telemarketers are criminals out to steal your money. North Carolina UPL Statute Summary N.C.G.S. §84-4. How do you get your criminal record expunged in NC?

Raleigh North Carolina Indictment Obtaining Property by False Pretenses

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