Theft by deception is section 514.040 of Kentucky law, which states:
(1) A person is guilty of theft by deception when the person obtains property or services
by deception with intent to deprive the person thereof
. A person deceives when the person intentionally:
(a) Creates or reinforces a false impression, including false impressions as to law,
value, intention, or other state of mind;
(b) Prevents another from acquiring information which would affect judgment of
(c) Fails to correct a false impression which the deceiver previously created or
reinforced or which the deceiver knows to be influencing another to whom the
person stands in a fiduciary or confidential relationship;
(d) Fails to disclose a known lien, adverse claim, or other legal impediment to the
enjoyment of property which the person transfers or encumbers in
consideration for the property obtained, whether the impediment is or is not
valid or is or is not a matter of official record; or
(e) Issues or passes a check or similar sight order for the payment of money,
knowing that it will not be honored by the drawee
Your partner believes you have used his money to enrich yourself by keeping entirely to yourself the proceeds of his investment. He clearly doesn't believe your reason for not paying him, nor does he believe that you've done everything right.
In order to win at trial
, a prosecutor would have to show that you took your partner's money with the intent to cheat him
, and they'd have to prove this beyond a reasonable doubt. That's a very heavy burden. But in order to arrest and charge you with this crime, the state only needs a reasonable belief that a crime may have
happened and that you may have
committed it. That's a very low standard of proof.
The complainant says he's been defrauded. He was able to demonstrate to the satisfaction of the prosecutor that it might be true. That gives Kentucky probable cause
for your arrest and prosecution. Whether it is or not true will be a question of fact for the jury.
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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.