Law School Case Briefs
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Commonwealth v. Mills
Massachusetts Supreme Judicial Court (2002) | 436 Mass. 387; 764 N.E.2d 854; 2002 Mass. LEXIS 192
TL;DR: A retired officer filed false earnings reports to retain his full disability pension. The court found this conduct could constitute larceny by false pretenses, but not traditional larceny or embezzlement, and ordered a new trial due to improper jury instructions.
Legal Significance: This case clarifies the distinct elements of traditional larceny, embezzlement, and larceny by false pretenses under a unified larceny statute, holding that a statutory debtor-creditor relationship negates the fiduciary element required for embezzlement.