Complaint Summary:
Fraud occurs when someone gains something of value, usually money or property, from a victim by knowingly making a misrepresentation of a matter of fact.
Fraud is also at the heart of the crime of false pretenses, which is committed when the offender knowingly makes a false representation of fact with the intent to cause the victim to pass title to his or her property to the offender. False pretenses requires a false representation; making misleading statements or merely remaining silent does not satisfy the requirement of a false misrepresentation. Neither are opinions enough to make a false representation; “In my opinion, your property is worthless,” is not a false representation for the purposes of the crime.