What are larceny, embezzlement and false pretenses? What are the different degrees based on?

Larceny, embezzlement and false pretenses are crimes that involve elements of theft, fraud or dishonesty, and all usually involve tangible misappropriated (or converted) property. These crimes can different in degree depending on the value or nature of the property that was the subject of the theft or fraud.

Misappropriation – Theft and Larceny

Anyone who takes property from an unwilling victim with the intention of keeping it is guilty of larceny, or theft, as it is called in some jurisdictions. The grading or degree charged depends on the value of the property taken. For example, in New York, grand larceny of the third degree involves theft of property valued at over three thousand dollars, while grand larceny of the fourth degree involves the theft of property valued between one thousand and three thousand dollars. Shoplifting or retail theft is a common type of larceny crime.

Misappropriation – Embezzlement

Embezzlement is the crime of taking property entrusted to the offender by its owner and using it for other purposes. The most common type of embezzlement occurs when an employee takes money or property from his employer. Unlike larceny, the offender often has the right to possess the property, but not to use it. Like larceny, the degree of the crime depends on the value of the property that was taken.

Misappropriation – Theft by Deception or False Pretense

Also called theft by deception, false pretense is a crime when an offender obtains property from another through fraud, deception or deceit. It differs from larceny in that the victim knowingly hands the property to the offender based on a misrepresentation. Generally, in degree it is charged based on the value of the property taken. However, some states, like Illinois, grade the offense on the nature of the deceit or deception involved. For example, the fraudulent use of a railroad pass as a crime is graded differently than obtaining a victims’ money through a confidence game such as three-card monte.

Case Studies: Larceny, Embezzlement, and False Pretenses

Case Study 1: The Grand Heist

John Smith, a professional thief, successfully executed a grand larceny by stealing a priceless diamond necklace from a prestigious jewelry store. The necklace was valued at over $1 million, making it a high-profile theft. John’s meticulous planning and execution allowed him to escape with the stolen property, leaving authorities baffled. The case highlights the challenges faced by law enforcement when dealing with sophisticated theft operations.

Case Study 2: The Trusted Accountant

Samantha Roberts, a trusted accountant at a large corporation, engaged in embezzlement over a period of several years. By exploiting her access to company funds, Samantha diverted significant amounts of money into her personal accounts. She used various techniques to cover her tracks, making it difficult for auditors to detect the fraud. Eventually, her embezzlement scheme was exposed, leading to her arrest and legal consequences. This case emphasizes the importance of internal controls and oversight to prevent employee fraud.

Case Study 3: The Master of Deception

Mark Davis, a smooth-talking con artist, specialized in theft by deception. Using false pretenses, Mark would convince unsuspecting victims to hand over their valuables, such as expensive artwork or vintage collectibles. He employed a variety of scams, including posing as an art dealer or antique expert. Through his manipulation and charm, Mark deceived numerous individuals, leaving them devastated and financially ruined. This case highlights the psychological tactics employed by fraudsters and the impact of their actions on victims.