Obtaining Property by False Pretenses

For a person to violate the false pretenses statute, he must act knowingly and with “intent to cheat or defraud.” A person’s intent is very difficult to prove by direct evidence, and usually circumstantial evidence must be used. When considering circumstantial evidence, the acts and conduct of the defendant and the general circumstances existing at the time of the charged offense may be considered.

It is important to note that the false pretenses statute provides that “[e]vidence of nonfulfillment of a contract obligation standing alone shall not establish the essential element of intent to defraud.” North Carolina courts have explained that just because a person is inept or fails to diligently pursue the fulfillment of a promise does not mean that he made the promise without the present intention of complying with it.

A person must obtain something of value to violate the statute. The statute defines value broadly as “any money, goods, property, services, chose in action, or other thing of value.” North Carolina courts have held that something of value includes the sole access to funds of an entity which a person does not have authorization to use.

Furthermore, there must be a causal relationship between the false representation and the obtaining of the something of value. Where there is no evidence that the false representation was the means by which a person obtained the something of value, it is arguable that the person did not violate the false pretenses statute.

It might be difficult to decide whether facts support a charge of embezzlement or obtaining property by false pretenses. It is important to remember that in embezzlement, a person lawfully obtains possession of the property but then unlawfully converts the property to his own use. However, in obtaining property by false pretenses, the person never had lawful possession of the property. Rather, it was unlawfully acquired by false pretenses. Because “property cannot be obtained simultaneously pursuant to both lawful and unlawful means, guilt of either embezzlement or false pretenses necessarily excludes guilt of the other.”

In North Carolina, it is also a crime to possess or manufacture fraudulent identifications for the purpose of “deception, fraud, or other criminal conduct.” For a person to be guilty of possessing or manufacturing a fraudulent form of identification, the following elements must be proven:

In addition, it is unlawful for a person to obtain an identification by using false, fictitious or fraudulent information.

Under the statute, an identification includes any of the following or a replica of any of the following:

A person found guilty of obtaining, possessing or manufacturing fraudulent identifications is guilty of a Class 1 misdemeanor. North Carolina law provides that a person who commits a Class 1 misdemeanor must receive a sentence between 1 and 120 days, depending on the person’s prior convictions. A person with no prior convictions must receive a community punishment, but the court is permitted to sentence a person with prior convictions to active jail time.