fraud theft
What is the difference between theft by deception or theft of services and fraud?
<p>Also, is fraud actually a crime by itself, or is it an element in another crime (theft by deception, tax evasion, etc.)?</p>

<p><a href="/questions/tagged/maryland" class="post-tag" title="show questions tagged &#39;maryland&#39;" rel="tag">maryland</a></p>
<p>Different jurisdictions define &quot;fraud&quot; and various crimes differently. I am therefore concentrating on the laws of the state of Maryland, in the US, which I believe is reasonably typical of US laws on such topics.</p>
<h2 id="criminal-fraud-g3a5">Criminal Fraud</h2>
<p><a href="https://law.justia.com/codes/maryland/2010/criminal-law/title-8/" rel="nofollow noreferrer">Title 8 of the Maryland Criminal Code (FRAUD AND RELATED CRIMES)</a> prohibits a number of acts which it defines as crimes, all of which involve fraud, false statements, or misrepresentations.  These are categorized as:</p>
<blockquote>
<ul>
<li>Bad Checks</li>
<li>Credit Card Crimes</li>
<li>Identity Fraud</li>
<li>Other Commercial Fraud</li>
<li>Public Fraud</li>
<li>Counterfeiting and Related Crimes</li>
<li>Crimes Against Estates</li>
<li>Financial Crimes Against Vulnerable Adults</li>
<li>Miscellaneous Fraud</li>
</ul>
</blockquote>
<p>Most of these involved obtaining money or other benefits, or depriving someone of value, by means of false statements or misrepresentation. Generally the various code sections in Title 8 prohibit specific acts in specific fact patterns.</p>
<p><a href="https://law.justia.com/codes/maryland/2010/criminal-law/title-8/subtitle-5/8-501/" rel="nofollow noreferrer">Section 8-501</a> defines fraud for the purpose of several code sections by providing that:</p>
<blockquote>
<p>In this part, &quot;fraud&quot; includes:</p>
<p>(1) the willful making of a false statement or a false representation;</p>
<p>(2) the willful failure to disclose a material change in household or financial condition; or</p>
<p>(3) the impersonation of another.</p>
</blockquote>
<p>This actually applies only to sections 8-502 through 8-507, but similar definitions apply throughout title 8.</p>
<p>For example, section 8-522] provides in relevant part, that:</p>
<blockquote>
<p>(b)  Prohibited.-</p>
<p>(b) (1) A person may not use, sell, or send or deliver to another, with the intent to induce the payment of a claim, a document that:</p>
<p>(b) (1) (i) simulates a summons, complaint, or other court process of any kind; or</p>
<p>(b) (1) (ii) implies that the person is a part of or associated with a unit of the federal government or a unit of the State or a county or municipal government.</p>
<p>(b) (2) With intent to induce the payment of a claim, a person may not use a seal, insignia, envelope, or any other form that simulates the seal, insignia, envelope, or form of any governmental unit.</p>
</blockquote>
<p>In general, knowing use of a false statement, false document, or materiel misrepresentation to obtain an improper financial gain, or to deprive another of value is likely to fall under one of these code sections.</p>
<h2 id="theft-by-deception-ag05">Theft by Deception</h2>
<p>In Maryland, &quot;theft by deception&quot; is covered by <a href="https://law.justia.com/codes/maryland/2010/criminal-law/title-7/subtitle-1/7-104" rel="nofollow noreferrer">code section 7-104</a> (b) which provides that:</p>
<blockquote>
<p>(b)  Unauthorized control over property - By deception.- A person may not obtain control over property by willfully or knowingly using deception, if the person:</p>
<p>(b) (1) intends to deprive the owner of the property;</p>
</blockquote>
<blockquote>
<p>(b) (2) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or</p>
<p>(b) (3) uses, conceals, or abandons the property knowing the use, concealment, or abandonment probably will deprive the owner of the property.</p>
</blockquote>
<p>So t6hat involves using some sort of deception to obtain property or deprive another of property. This could be considered a form of fraud, but it is a very specific one.</p>
<h2 id="theft-of-services-e8td">Theft of Services</h2>
<p>Section 7-104 (e) {same link as above} providwes that:</p>
<blockquote>
<p>(e)  Services available only for compensation.- A person may not obtain the services of another that are available only for compensation:</p>
<p>(e) (1) by deception; or</p>
<p>(e) (2) with knowledge that the services are provided without the consent of the person providing them.</p>
</blockquote>
<p>So theft of services may or may not involve deception.</p>
<h2 id="civil-fraud-dvg8">Civil Fraud</h2>
<p>What might be called &quot;pure fraud&quot; is usually a civil matter, not a criminal one. In its <a href="https://www.peoples-law.org/contracts" rel="nofollow noreferrer">page on &quot;Contracts&quot;</a> the Maryland People's law Library says:</p>
<blockquote>
<p><strong>Fraud</strong> – the court may cancel a contract if one of the parties knowingly made a misrepresentation or told a lie in forming the agreement.  Proving fraud can be difficult; there will usually have to be an outright lie or a substantial omission in the contract.</p>
</blockquote>
<p>A similar statement could be made in most US states.</p>
<p>Indeed <a href="https://www.law.cornell.edu/ucc/2/2-721" rel="nofollow noreferrer">§ 2-721 of the Uniform commercial code</a> (A version of which has been enacted by every US state, as I understand it) provides that:</p>
<blockquote>
<p>Remedies for material misrepresentation or fraud include all remedies available under this Article for non-fraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy.</p>
</blockquote>
