California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawMedium
A client, a seasoned con artist, convinces an elderly woman that he can double her life savings through a 'guaranteed' investment scheme. The woman, trusting the client, withdraws $50,000 from her bank account and hands it over to him. The client then absconds with the money, having no intention of investing it. Which crime has the client most likely committed?
- AEmbezzlement
- BRobbery
- CLarceny
- DFalse Pretenses
Show answer & explanationAnswer & explanation
Correct answer: D. False Pretenses
False pretenses involves obtaining title to property (here, the money) through false representations of material fact with intent to defraud. The client used a false scheme to induce the woman to transfer ownership of her money. Larceny would be if he took possession without consent, embezzlement if he was entrusted with the money for a specific purpose, and robbery if force was used.
Why the other options are wrong
- A. Embezzlement involves fraudulent appropriation of property already in one's lawful possession (entrusted). Here, the initial possession was obtained by fraud.
- B. Robbery involves taking property from another's person or presence by force or threat of force.
- C. Larceny involves taking possession of property without consent; here, consent to transfer title was given, albeit fraudulently induced.
False Pretenses (Criminal)
The crime of obtaining title to the property of another by means of a knowingly false representation of a material fact, with the intent to defraud.
- Focuses on obtaining TITLE to the property, not just possession.
- Requires a false representation of a material fact.
- Defendant must have intent to defraud.
- Victim must rely on the false representation.
Memory trick: Theft's tale, from snatch to fraud's veil.