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The Larceny Act 1901 (1 Edw. 7.c. 10) was an Act of the Parliament of the United Kingdom.It created offences of fraudulent conversion.. This Act amended sections 75 and 76 of the Larceny Act 1861.
Fraudulent conversion by any person to his own use (or that of persons other than the owner) of property entrusted to him is a crime in the case of custodians of property, factors, trustees under express trusts in writing (Larceny Act 1861, ss. 77-85; Larceny Act 1901).
The two-pronged definition of fraudulent conversion is "conversion [n 1] that is committed by the use of fraud, either by obtaining the property, or in withholding it". [1] In England and Wales, the term fraudulent conversion was superseded by the identically named offences under the Larceny Act 1901 and sections 20 and 21 of the Larceny Act 1916.
The fraudulent act that induced the owner to transfer possession "vitiated" the consent. This concept of consent broadened the scope of larceny. Before, consent meant the voluntary relinquishment of possession and thus property was wrongfully taken only if the defendant acquired possession by stealth, force or threat of force.
Lawful possession: The critical element is that the embezzler must have been in lawful possession of the property at the time of the fraudulent conversion, and not merely have custody of the property. If the thief had lawful possession of the property, the crime is embezzlement; if the thief merely had custody, the crime at common law is larceny.
On Friday, federal appeals judges ordered the courts to throw out her sentence after she was convicted of federal tax evasion and bank fraud charges in 2022 alongside her husband, Todd Chrisley ...
Larceny is a crime of criminal trespass on the possessory rights of another. A person lawfully possessing another's property who converts the property to his own use, or otherwise deprives the owner of its use cannot be guilty of larceny because he lawfully received the property; the possessor, however, could be guilty of fraudulent conversion.
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