Theft can be described as the acquisition of another's valuables without their permission or consent, with the aim of depriving the rightful owner of their property. A person who carries out such an act is known as a thief. Another term you hear a great deal about today is theft by deception. Theft by deception can be described as a fraudulent activity where someone uses deception as a means to get access to property or services. For instance, if someone issues a check to pay for a good or service knowing that their bank account is closed, then it is considered theft by deception. Courts take different approaches to this depending on the extent of damage to the victim.
There are a number of ways by which theft by deception can be committed. Some examples include: when someone creates false information or fails to correct false information, doesn’t disclose all information relevant to a transaction or when someone knowingly prevents all parties to the transaction from gaining access to relevant information. The thief uses this lack of full disclosure to use the property or services of another. As in the example of someone issuing a check from a closed bank account, if the person knew that the account was closed yet did nothing, then this would be considered a theft by deception. However, if the person issuing the check corrected his/her error as soon as they found out, then it would be considered a mistake.
Theft by deception is usually an elaborate plan that involves accomplices, forging of documents, falsifying of information and many other activities to gain access to the victim's property. The most recent and newsworthy example of this was the Ponzi scheme that was set-up by Bernard Madoff. Prosecutors estimated the size of the fraud to be $64.8 billion, based on the amounts in the accounts of Madoff's 4,800 clients as of November 30, 2008. Madoff’s scheme included securities fraud which consisted of deceptive practices in the stock and commodity markets. His investors were enticed to invest their money based on untrue statements. This is an example of a huge plan, however, theft by deception is attempted everyday by individuals who work alone on a smaller scale. These deception cases are much harder to uncover and tracking the criminal is nearly impossible. In such a case the mastermind depends on not having an accomplice who can sell you out when they get caught.
Theft by deception is punishable by law if one is found guilty. Bernard Madoff has been sentenced to 150 years in jail for the staggering size of his frauds. Generally, the punishment for theft by deception depends on multiple factors. The main factor is the amount of the alleged theft. If the amount is $500 or less, then the punishment is considered a misdemeanor. If the amount exceeds $500, then you can be looking at a felony conviction. There are multiple factors in the statute that determine the range for the sentence if convicted of a felony, and it can be different by state.
The bottom line is that getting involved in any type of theft is the wrong path to be on. If you are caught, you will almost definitely end up with a tarnished record. This will effect your chances of staying in or getting a decent job, supporting your family and how society overall perceives you. If you feel like you have tendencies toward illegal behavior, taking a theft class online is one way to regain your footing. Classes are private, anonymous and can be taken from any location that provides web access. The student will learn self-control, empathy and how to redirect this negative behavior.
