Michael Paul Reid v. Commonwealth of Virginia
781 S.E.2d 373
Va. Ct. App.2016Background
- Reid was convicted after a bench trial of two counts of obtaining money by false pretenses for similar incidents months apart.
- In each incident Reid flagged down a motorist near the shipyard, claimed his car had been towed, asked for a ride to retrieve it, and requested loans to pay towing fees, promising repayment plus extra money from cash in his car.
- Each victim withdrew and gave Reid substantial sums ($280 and $300) after Reid repeatedly pressured them and led them to multiple locations; Reid disappeared into residences while victims waited in their cars.
- Reid never directed victims to a towing company, never recovered a towed vehicle, and never repaid the loans.
- Trial court convicted; on appeal Reid argued the evidence was insufficient because a loan does not pass title/ownership of currency and the Commonwealth failed to prove the pretenses were false.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether title/ownership to currency can pass for larceny by false pretenses | Commonwealth: title/ownership can pass where victim intended defendant to use money for his own benefit | Reid: loans with promise to repay do not transfer title—victims intended only temporary possession | Court: ownership passed because victims relinquished funds for Reid’s use (his purpose), so false pretenses applies |
| Whether the Commonwealth proved the pretenses were false | Commonwealth: circumstantial facts (identical stories, no towing-company visits, disappearance, no repayment) support falsity | Reid: Commonwealth failed to prove he did not actually have a towed car or cash (can't prove a negative) | Court: evidence and reasonable inferences suffice; a rational factfinder could find pretenses false |
Key Cases Cited
- Lawlor v. Commonwealth, 285 Va. 187 (discussing standard of review for elements vs. sufficiency of evidence)
- Millard v. Commonwealth, 34 Va. App. 202 (treating obtaining money by false pretenses as larceny)
- Wynne v. Commonwealth, 18 Va. App. 459 (elements of larceny by false pretenses)
- Bray v. Commonwealth, 9 Va. App. 417 (requirement that title and possession pass for false pretenses)
- Davies v. Commonwealth, 15 Va. App. 350 (distinguishing ownership requirement from larceny by trick)
- Jewel v. Commonwealth, 30 Va. App. 416 (upholding false pretenses conviction where loan with promise to repay transferred ownership)
- Quidley v. Commonwealth, 221 Va. 963 (explaining that actual pecuniary loss is not required for false pretenses)