Georgia Theft and Fraud

Theft by Taking

Georgia law provides that a person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.

Theft by deception

Georgia law provides that a person commits the offense of theft by deception when he obtains property by any deceitful means with the intention of depriving the owner of the property.

A person deceives if he intentionally: (1) Creates or confirms another's impression of an existing fact or past event which is false and which the accused knows or believes to be false; (2) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed; (3) Prevents another from acquiring information pertinent to the disposition of the property involved; (4) Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record; or (5) Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this subsection.

"Deceitful means" and "artful practice" do not, however, include falsity as to matters having no pecuniary significance, or exaggeration by statements unlikely to deceive ordinary persons in the group addressed.

Theft by conversion

Georgia law provides that a person commits the offense of theft by conversion when, having lawfully obtained funds or other property of another, he knowingly converts the funds or property to his own use in violation of the agreement or legal obligation.

Theft of services

Georgia law provides that a person commits the offense of theft of services when by deception and with the intent to avoid payment he knowingly obtains services, accommodations, entertainment, or the use of personal property which is available only for compensation.

Theft by receiving stolen property

A person commits the offense of theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen unless the property is received, disposed of, or retained with intent to restore it to the owner. "Receiving" means acquiring possession or control of the property.

Punishment

A person convicted of a violation of these code sections shall be punished as for a misdemeanor unless the property which was the subject of the theft exceeded $500.00 in value. If so, he will be punished by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor.

If the property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of a government or a financial institution in breach of his or her duties as such officer or employee, by imprisonment for not less than one nor more than 15 years, a fine, or both.

If the property which was the subject of the theft was a motor vehicle or was a motor vehicle part or component which exceeded $100.00 in value, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a second or subsequent offense under this paragraph shall be punished by imprisonment for not less than one year nor more than 20 years.

If the property which was the subject of the theft offense was a destructive device, explosive, or firearm, by imprisonment for not less than one nor more than ten years.

Any person who commits the offense of theft by deception when the property which was the subject of the theft exceeded $500.00 in value and the offense was committed against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than ten years.

Theft of a trade secret

Georgia law provides that "trade secret" means information which is not commonly known by or available to the public and which information derives economic value from not being generally known to other persons who can obtain economic value from its disclosure or use; and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Any person who, with the intent to deprive the owner of the exclusive use of a trade secret, or with an intent to appropriate a trade secret to his or her own use or to the use of another, takes, uses, or discloses such trade secret to an unauthorized person; acquires knowledge of such trade secret by deceitful means or artful practice; or without authority, makes or causes to be made a copy of an article representing such trade secret commits the offense of theft of a trade secret and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years and by a fine of not more than $50,000.00, provided that, if the value of such trade secret, and any article representing such trade secret that is taken, is not more than $100.00 such person shall be punished as for a misdemeanor.

Forgery in the first degree

Georgia law provides that a person commits the offense of forgery in the first degree when with intent to defraud he knowingly makes, alters, or possesses any writing in a fictitious name or by authority of one who did not give such authority and utters or delivers such writing.

A person convicted of the offense of forgery in the first degree shall be punished by imprisonment for not less than one nor more than ten years.

Financial transaction card theft

Georgia law provides that a person commits the offense of financial transaction card theft when he takes, obtains, or withholds a financial transaction card from the person, possession, custody, or control of another without the cardholder's consent, or receives a financial transaction card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder and retains possession with intent to use it or sell it or to transfer it to a person other than the issuer or the cardholder.

Conviction of the offense of financial transaction card theft is punishable by a fine of not more than $1,000.00 or imprisonment not less than one year nor more than two years, or both.

Financial transaction card fraud

Georgia law provides that a person commits the offense of financial transaction card fraud when with intent to defraud the issuer he uses for the purpose of obtaining money, goods, services, or anything else of value: (A) A financial transaction card obtained or retained or which was received with knowledge that it was obtained through means of forgery or theft; (B) A financial transaction card which he or she knows is forged, altered, expired, revoked, or was obtained as a result of a fraudulent application; or (C) The financial transaction card account number of a financial transaction card which he or she knows has not in fact been issued or is forged, altered, expired, revoked, or was obtained as a result of a fraudulent application. Conviction of the offense of financial transaction card fraud is punishable by a fine of not more than $1,000.00 or imprisonment not less than one year nor more than two years, or both.

A person also commits the offense of financial transaction card fraud when, upon application for a financial transaction card to an issuer, he knowingly makes or causes to be made a false statement or report relative to his name, occupation, employer, financial condition, assets, or liabilities or willfully and substantially overvalues any assets or willfully omits or substantially undervalues any indebtedness for the purpose of influencing the issuer to issue a financial transaction card. Financial transaction card fraud as provided in this subsection is punishable by a fine of not more than $5,000.00 or imprisonment for not less than one year nor more than three years, or both.

Identity theft

Georgia law provides that a person commits the offense of identity fraud when he or she obtains or records identifying information of a person which would assist in accessing the resources of that person or any other person with the intent to defraud that person.

A violation of this article shall be punishable by imprisonment for not less than one nor more than ten years or a fine not to exceed $ 100,000.00, or both. Any person who commits such a violation for the second or any subsequent offense shall be punished by imprisonment for not less than three nor more than 15 years, a fine not to exceed $ 250,000.00, or both.

Residential mortgage fraud

Georgia law provides that a person commits the offense of residential mortgage fraud when, with the intent to defraud, such person: (1) Knowingly makes any deliberate misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process; (2) Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process; (3) Receives any proceeds or any other funds in connection with a residential mortgage closing that such person knew resulted from a violation of paragraph (1) or (2) of this Code section; (4) Conspires to violate any of the provisions of paragraph (1), (2), or (3) of this Code section; or (5) Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission.

Any person violating this article shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one year nor more than ten years, by a fine not to exceed $5,000.00, or both.

If a violation of this article involves engaging or participating in a pattern of residential mortgage fraud or a conspiracy or endeavor to engage or participate in a pattern of residential mortgage fraud, said violation shall be punishable by imprisonment for not less than three years nor more than 20 years, by a fine not to exceed $100,000.00, or both.

Recent cases:

• Emmett v. State - Theft covers any criminal appropriation of another's property to the taker's use. The property does not need to be taken from its owner permanently.
• Bishop v. State - In theft by deception charges, the victim's failure to exercise reasonable diligence to prevent fraud is not a defense.
• Harris v. State - A false promise of future performance is not grounds for a theft by deception charge.
• Tukes v. State - Fraudulent intent distinguishes theft by conversion from a breach of contract.
• Thomas v. State - A defendant cannot be convicted for both robbery and theft by receiving. Either the defendant stole the property or he/she received it after someone else did.
• Todd v. State - For a defendant to be convicted of theft by receiving, it is necessary that the defendant knew or should have known that the property was stolen.
• Floyd v. State - A defendant can be convicted of forgery for possessing a forged document or forging a document.
• Hale v. State - Monetary loss is not required for financial transaction card fraud.

Our criminal defense lawyers have extensive experience in defending serious felony theft and fraud charges in the metro areas of Atlanta, Athens, Macon, Savannah, Augusta, and in all other Georgia courts. Contact us if you need an Atlanta criminal lawyer who has successfully resolved Georgia theft and fraud cases.

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