MICHAEL J. WARNER v. UNITED STATES, 124 A.3d 79 (2015)

Citation: MICHAEL J. WARNER v. UNITED STATES, 124 A.3d 79 (2015)
Parent Document: MICHAEL J. WARNER v. UNITED STATES, 124 A.3d 79 (2015)
Jurisdiction: DC (municipal)
Effective Date: 2015-09-17
Original Source: https://www.courtlistener.com/opinion/2959655/michael-j-warner-v-united-states/ ↗

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         Id. at 826 (quoting Schmuck v. United States, 489 U.S. 705, 716 (1989);
internal citation omitted).
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        D.C. Code § 22-3211 (a) groups the different ways in which theft may be
committed into three general categories—by “(1) taking or exercising control over
property; (2) making an unauthorized use, disposition, or transfer of an interest in
or possession of property; or (3) obtaining property by trick, false pretense, false
token, tampering, or deception.” The first category corresponds to thefts formerly
known (at common law and under earlier statutes) as larceny. The second category
covers thefts previously prosecuted as embezzlement, larceny after trust, and
similar crimes. The third category encompasses thefts committed by means of
false pretenses and other forms of deception. We refer generally to the third
category as “theft by deception.” See Cash v. United States, 700 A.2d 1208, 1210-
12 (D.C. 1997); see also Theft, BLACK’S LAW DICTIONARY (10th ed. 2014)
(defining “theft by deception” as the “use of trickery to obtain another’s property,”
especially by “creating or reinforcing a false impression”).
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