Differences Between Embezzlement, Larceny, & False Pretenses

Because embezzlement, larceny, and false pretenses are all crimes that involve different aspects of dishonesty and theft, they oftentimes get confused with one another. However, embezzlement, larceny, and false pretenses are all different crimes that carry different potential punishments. Our Los Angeles federal criminal defense attorney, David Dudley, is here to help you understand the key differences between these white-collar crimes.

What Defines the Crime of Embezzlement?

Embezzlement typically occurs when a defendant, placed in a position of trust, exploits that trust to manipulate the situation and unlawfully take property for personal gain or for others. Those accused of embezzlement are often charged with withholding assets—usually financial—for the purpose of theft. For an act to qualify as embezzlement, the defendant must have been entrusted with the assets, which were intended for a specific purpose, but instead, the assets were misappropriated or stolen.

One example of embezzling could be a financial advisor taking funds from his clients that were intended to be invested in stocks and instead using those funds for his own personal gain.

What is the Crime of Larceny?

Embezzlement differs from larceny in two key ways:

1. Actual Theft Required: In embezzlement, the individual must physically steal something. Mere intent to convert (steal) is not enough for a conviction.
2. Lawful Possession: The assets must have been lawfully in the embezzler’s possession before being misappropriated. The original acquisition cannot be trespassory.

In contrast, larceny does not require these conditions. It is defined as the nonviolent theft and removal of personal property. Unlike embezzlement, larceny applies specifically to tangible items that can be physically taken and carried away.

What Defines False Pretenses?

False pretenses involve dishonesty, specifically obtaining property by intentionally misrepresenting a fact about the past or present. However, if the individual genuinely believes their false statement to be true, it does not qualify as false pretenses. Unlike larceny, false pretenses are not limited to tangible items; they can apply to money, goods, services, or any item of value.

Understanding common scams can help you spot red flags and protect yourself from becoming a victim. Here are common examples of fake pretenses used in crimes.

• Phony Charity: Fake charity solicitations for donations.
• False Emergency: Claiming a loved one is in trouble to scam money.
• Impersonating Authorities: Pretending to be police or government officials to extort.
• Fake Job Offer: Offering nonexistent jobs to steal information or money.
• Romance Scams: Building trust in fake relationships for financial gain.
• Lottery Scam: Claiming a prize requires payment of fees.
• Bogus Sales: Selling nonexistent goods or services.
• Home Repair Fraud: Taking payment for repairs and disappearing.
• Rental Scams: Advertising fake properties to collect deposits.
• Phishing Emails: Posing as trusted entities to steal credentials.

Experienced Criminal Defense Attorney

If you are being charged with embezzlement, larceny, or false pretenses, contact David M. Dudley today. Mr. Dudley is a Harvard educated federal and state criminal defense attorney who is ready to help you. For more than 25 years, Mr. Dudley’s law practice has taken him across the country, representing individuals facing major criminal allegations in 36 different states, handling matters in both the trial and appellate courts, state and federal. He is admitted to the United States Supreme Court and seven federal circuit courts of appeal.

Call 800-805-6167 for a free case evaluation.