obtaining by deception
C1/C2Legal, formal, official, academic.
Definition
Meaning
A legal and formal term for the act of gaining possession of property, money, or a benefit through dishonest means or trickery.
Used broadly to describe any act of securing something through lies, fraud, or misrepresentation, especially when implying criminal intent.
Linguistics
Semantic Notes
The phrase is primarily a noun phrase naming a specific offence. It is not typically used as a dynamic verb phrase in continuous tenses (e.g., 'He is obtaining by deception' is unnatural). It carries strong negative moral and legal judgement.
Dialectal Variation
British vs American Usage
Differences
In British English (BE), 'obtaining by deception' was a specific statutory offence under the Theft Act 1968 (superseded by 'fraud' in 2006). In American English (AE), the equivalent legal concept is typically 'theft by deception' or 'larceny by trick'.
Connotations
In BE, it retains a strong historical and legal flavour. In AE, it is less common as a fixed phrase outside legal contexts.
Frequency
Higher frequency in BE, especially in historical/legal documents and discussions. In AE, 'fraud', 'scamming', or 'swindling' are more common in general usage.
Vocabulary
Collocations
Grammar
Valency Patterns
[Person] was convicted of obtaining [property/money] by deception.The offence of obtaining by deception requires proof of dishonesty.Vocabulary
Synonyms
Strong
Neutral
Weak
Vocabulary
Antonyms
Phrases
Idioms & Phrases
- “[Not directly idiomatic, but related to] 'con someone out of something', 'pull the wool over someone's eyes', 'a fast one'.”
Usage
Context Usage
Business
Used in compliance reports or investigations into fraudulent activity.
Academic
Found in criminology, law, and sociology texts discussing property crimes.
Everyday
Rare in casual conversation; 'scamming' or 'cheating' are more likely.
Technical
A precise legal term defining a specific category of criminal offence.
Examples
By Part of Speech
verb
British English
- The accused was found to have obtained the funds by deception.
American English
- The statute defined the crime of obtaining property by deception.
adverb
British English
- [Not applicable as an adverb]
American English
- [Not applicable as an adverb]
adjective
British English
- He faced an obtaining-by-deception charge.
American English
- The obtaining-by-deception statute has been updated.
Examples
By CEFR Level
- [Too complex for A2]
- The email was a scam aimed at obtaining money by deception.
- He was arrested for obtaining a car by deception after selling fake insurance.
- The barrister argued that the prosecution had failed to establish the requisite *mens rea* for obtaining by deception, as the defendant genuinely believed he was entitled to the funds.
Learning
Memory Aids
Mnemonic
Think of a DECEPTIVE person OBTAINING a valuable object behind a curtain (by). The curtain hides their dishonesty.
Conceptual Metaphor
COMMUNICATION/TRUTH IS A STRAIGHT PATH; deception is a crooked path to obtaining something.
Watch out
Common Pitfalls
Translation Traps (for Russian speakers)
- Avoid direct calques like 'получение обманом'. While understood, it sounds unnatural. Use 'мошенничество' (fraud) or 'вымогательство' (extortion) depending on context. The English phrase is a specific legal label, not a general description.
Common Mistakes
- Using it as a verb: 'He obtained by deceived' (incorrect). Confusing it with 'obtaining under false pretences' (a related, older English legal term).
Practice
Quiz
In which context is 'obtaining by deception' MOST likely to be used?
FAQ
Frequently Asked Questions
The specific offence was replaced by the broader offence of 'fraud' under the Fraud Act 2006. However, the term is still used in historical contexts and is widely understood.
It would sound very formal. In everyday speech, simpler terms like 'scam', 'cheat', or 'trick' are more natural.
Traditional theft involves taking without consent. Obtaining by deception involves the victim willingly handing over property, but their consent is invalidated because it was gained through lies or tricks.
No, it can apply to any property, financial advantage, or valuable benefit, such as services, goods, or even data.