Fraudulent Schemes Can Constitute Theft

Obtaining Property by False Pretences: A Criminal Offense

A recent analysis has revealed that obtaining property by false pretences can be a criminal offense punishable by law. This offense occurs when an individual represents something as being true, but knows it to be false, and makes this representation with the intention of defrauding another person.

Key Elements of the Offense

The representation must not only be factually false, but also known by the person to be false or not believed to be true.
This can occur when an individual intentionally makes a false statement, or recklessly makes a statement without believing it to be true.
The offense is considered to have been committed if the false pretence is made “with intent to defraud”.

Using a false pretence or any other fraud to obtain credit
Dishonestly obtaining money or valuable things
Making or publishing statements known to be false with the intent of obtaining financial advantage

Receiving Stolen Property: An Offense in Its Own Right

Receiving stolen property is also considered an offense, even if the individual did not directly steal the property themselves.
If an individual knows that the property has been dishonestly obtained, they can still be charged with receiving it.

Knowledge Required for the Offense of Receiving

The offense of receiving cannot be committed inadvertently or recklessly and requires a level of knowledge that is greater than mere suspicion.
However, the law may take into account the doctrine of wilful blindness, which imputes knowledge to an individual who chooses not to make further inquiries about something despite being suspicious.

Consequences of These Offenses

Punishable by fines and imprisonment
Highlights the importance of honesty and transparency in all transactions