Criminal Law
Exam 17
Fact pattern
A considers herself to be a professional swindler. In one day, A conducts the following four scams.
Scam 1
A recently bought a six-pound crate of fake rubies from a dubious wholesale importer. From among these fake rubies, A selects the finest-looking, and then visits B, a local jeweler. She tells B that the (fake) ruby belonged to her grandmother, who always told her that it was “an expensive and genuine African sun heart ruby” too precious to set.
However, A also claims to be in dire financial straits, desperately needing a car. Too greedy for caution, and in exchange for the (fake) ruby, the jeweler transfers his own car’s title to A. However, unbeknownst to A, the fake ruby is actually a valuable, good-quality sapphire, which was coated in cheap red plastic for smuggling into the United States. Accordingly, the jeweler loses only $200 on the deal.
Scam 2
At 10 a.m. that day, A calls C, who believes A to be an expert stock broker. A offers to sell some stocks to C for twice their current value, falsely claiming to know that the stock is almost certain to triple in value the very next day. A tells C that she’s selling the stock to him as a favor. C agrees, and the two consummate the transaction.
Scam 3
A checks her bank accounts and realizes she does not have enough on deposit to cover the expenses associated with her next scam. A is, however, the trustee of a trust established for her young nephew’s education and support. (Assume that A thus has lawful possession of the trust assets, as well as a fiduciary relationship with both her nephew and the trust.) A decides to skim $5,000 off the trust, figuring that she could put the money back later, once the scam paid off, so that no one would notice.
Scam 4
At 1 p.m., A guts the car she got from B and sells all the parts. She then approaches D, offering to trade the car for D’s motorcycle. D does not realize that the car is now just a frame, so he makes the trade, giving A title to the motorcycle. A then gives D the keys and title to the car and rides off on her new motorcycle.
Assume that the prosecution can prove the above facts at trial, and that A acted with the required specific intent in each scam. Further assume that, in this jurisdiction, the seller of a vehicle has a legal duty to disclose, at the time of sale, any defects in the vehicle.