Keyword Analysis & Research: operating under false pretenses


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Frequently Asked Questions

What constitutes a false pretense?

While state laws vary in defining this crime, the general idea is the same: to be found guilty of a false pretense, the prosecutor must show that the individual acquired the property at issue by intentionally misstating a fact and making a false representation.

What happens if you buy a Tiffany lamp by false pretense?

It is important to note that if the seller of the property is unaware that they have a genuine Tiffany lamp, the buyer would not likely be guilty of obtaining property by false pretenses if they knew but did not inform the seller of the actual value of what they were selling.

Is a false promise a false representation?

False Pretenses. An exaggerated expression of opinion, like a sales pitch, may not be entirely true but is not a criminal false representation. However, a promise about the future that, at the time it is made, the promisor does not intend to keep, is a criminal false representation of a material fact.

When does the wrongdoer know the statement is false?

When a representation is in fact false, the wrongdoer must know it is false. If an alleged wrongdoer believed the statement was true— whether that belief was reasonable or unreasonable—he or she did not commit false pretenses because they did not knowingly make a false representation.


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