Com. v. Gaspard, E., 323 A.3d 1276

Ebboni L. Gaspard was a tenant in the Monroe County Housing Authority Section 8 program and was required to report all changes in income as a condition of her housing assistance.
In 2021, Gaspard sought to transfer her benefits to a new rental and submitted recertification paperwork, omitting self-employment income from her soap business, "Above the Bar Soap Company."
The Authority discovered evidence of a business, including storefronts and sales at flea markets, but Gaspard claimed the business was just a hobby and did not initially disclose any related income.
Although Gaspard later submitted some gross income receipts, she did not provide sufficient records for the Authority to verify net income or legitimate business expenses.
The Commonwealth charged Gaspard with theft by deception and false swearing. A jury found her guilty, and she was sentenced to probation.
On appeal, Gaspard challenged the sufficiency of the evidence supporting her theft by deception conviction, arguing the Commonwealth failed to prove she obtained benefits she would not have been otherwise entitled to.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for theft by deception	Commonwealth did not show Gaspard got more benefit than she was entitled to	Gaspard intentionally withheld income, misleading the Authority	Evidence sufficient; conviction affirmed

Commonwealth v. Jones, 874 A.2d 108 (Pa. Super. 2005) (sets forth sufficiency of the evidence standard for appellate review)
Commonwealth v. McSloy, 751 A.2d 666 (Pa. Super. 2000) (theft by deception requires the victim to rely on the defendant's false statements)
Commonwealth v. Grife, 664 A.2d 116 (Pa. Super. 1995) (criminal intent for theft by deception can be inferred from acts and circumstances)
Commonwealth v. Thomas, 70 A.2d 458 (Pa. Super. 1950) (requires actual misrepresentation of a fact demanded by official forms; distinguished in this case)