MICHAEL J. WARNER v. UNITED STATES, 124 A.3d 79 (2015)

Citation: MICHAEL J. WARNER v. UNITED STATES, 124 A.3d 79 (2015)
Parent Document: MICHAEL J. WARNER v. UNITED STATES, 124 A.3d 79 (2015)
Jurisdiction: DC (municipal)
Effective Date: 2015-09-17
Original Source: https://www.courtlistener.com/opinion/2959655/michael-j-warner-v-united-states/ ↗

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to deprive another of the right to the property or a benefit of the property”);
CRIMINAL JURY INSTRUCTIONS § 5.200 (B)(2) (restating the mens rea element of
second-degree fraud as the “inten[t] to deceive or cheat someone or obtain property
of another by means of a false representation or promise”); D.C. Council, Comm.
on the Judiciary, Report on Bill No. 4-133, the “District of Columbia Theft and
White Collar Crimes Act of 1982,” at 14 (June 1, 1982) (stating that “the gravamen
[of the fraud offense], which distinguishes it from theft, is engaging in a scheme or
systematic course of conduct”).
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         Notably, as explained in note 7, supra, the theft statute also embraces “the
type of theft formerly known as larceny” and “thefts in the nature of
embezzlement, larceny after trust, and similar crimes.” In addition, the statute
applies to wrongfully using another’s property as well as wrongfully obtaining it.
D.C. Code § 22-3211 (a), (b).
      20
        United States v. McCullough, 348 F.3d 620, 626 (7th Cir. 2003); accord
United States v. Alfisi, 308 F.3d 144, 152 n.6 (2d Cir. 2002). So, for example, this
court has held that one of the alternative forms of simple assault—non-violent
sexual touching—is a lesser included offense of misdemeanor sexual abuse.
Mungo v. United States, 772 A.2d 240, 246 (D.C. 2001).
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