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.
North Carolina Indictment Obtaining Property by False Pretenses
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FAQ
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.
The defendant intentionally deceived someone else via a false pretense or representation. The defendant did this with the express purpose of having the other person provide money or property.
Known as Obtaining Property by False Pretense (OPFP), this financial crime involves trickery and fraud. As a good example of OPFP, imagine that an individual took a stolen item to a pawn shop and exchanged the item for goods or money.
A number of crimes are very similar to false pretenses. For example, when an individual attempts to pass a bad check, there is intent to defraud because he or she is attempting to obtain money or property by issuing checks from an account that does not exist or has insufficient funds.
An individual makes a false representation of a past or existing material fact; The person making the representation knew the representation was false; The representation was made with the intent to defraud the other person;
California Penal Code 532 PC defines the crime of theft by false pretenses 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.
Obtaining Property by False Pretenses. In North Carolina, it is a felony to obtain some sort of property (such as money, goods, or services) through false pretenses.