Fraud is a Type of Theft Crime
1 year ago by Brian
Fraud, is the intentional act of deceit, with the aim being to deceitfully obtain a benefit for the one engaged in the fraud to the detriment of the victim of the fraud. Different people engage in fraud for different reasons, but regardless of the motivation, fraud is a crime in Minnesota, and anyone found guilty faces serving time in jail, probation, fines, and more. The penalties can be harsh, so having the right criminal defense is critical.
Fraud as Theft Crime
Under Minnesota law, fraud is a type of theft that an individual commits if the individual obtains, attempts to obtain, or aids or abets any other individual to obtain, by an intentionally false statement or representation, by intentional concealment of a material fact, or by impersonation or other fraudulent means, money or benefits that the individual is not entitled to.
This is just legalese to say one is guilty of the crime of theft by fraud if they lie to obtain a thing of value or help someone else to obtain the thing by lying to the owner.
Under Minnesota Theft Statute 609.52, a variety of offenses are described to constitute the crime of theft in Washington County, Minnesota, and these include the following:
- Knowingly using, transferring, hiding, or keeping ownership of property belonging to someone else with the intention to permanently keep the property.
- Taking someone’s car without their permission
- Obtaining services or ownership of property through false representation
- Leasing or renting personal property such as a car without returning it or paying the owner the charges agreed to in the lease or rental agreement
- Finding someone else’s lost or misplaced property but failing or refusing to make a reasonable effort to return the property to a known rightful owner
The definition of theft under Minnesota law puts fraud squarely within the definition.
There are, however, many different types of acts that constitute fraud, which include the following:
- Mortgage fraud. Mortgage fraud refers to a deliberate and intentional misrepresentation or omission of fact when applying for a mortgage.
- Mail and wire fraud. This is mailing or electronically sending something associated with fraud.
- Credit card fraud. This is the unauthorized use of someone else’s credit card.
Minnesota previously used an 11-part test to determine whether a person has committed fraud. To prove fraud in the state now in a criminal prosecution, all that the government must show is that the defendant’s conduct satisfies the following elements:
- The defendant knowingly made a false misrepresentation of a material fact,
- The misrepresentation was believed as true,
- The defendant had an intention to induce the target to act on their misrepresentation,
- The person acting on the misrepresentation suffered a loss.
Consult with a Woodbury, MN Theft Crimes Attorney
If you have been charged with fraud, which is a form of theft, you should discuss the situation with our legal team at J.S. Defense, P.A. as soon as possible. Please contact us today for a free consultation to discuss what your options are going forward. Call: 651-362-9426.