Introduction
When people think of theft, they often picture shoplifting or burglary. But in Minnesota, the law recognizes a broader category of theft called “theft by swindle.” This charge covers deceitful actions used to obtain money, assets, or property — even if nothing was physically stolen.
Theft by swindle is a serious criminal offense under Minnesota law, and a conviction can carry felony penalties, including prison time and steep fines. If you’re facing charges or being investigated, understanding the nature of this crime — and how it differs from other types of theft — is essential.
At Martine Law, our criminal defense team helps individuals fight back against fraud-related theft charges with aggressive strategies and legal expertise.
What Is Theft by Swindle?
Under Minnesota Statute § 609.52, theft by swindle occurs when someone uses trickery, deception, or fraud to obtain another person’s money, property, or services. Unlike traditional theft, which often involves physically taking something, theft by swindle focuses on how someone manipulates another person to voluntarily give something away.
The law defines it broadly:
“Whoever by artifice, trick, device, or any other means, obtains property or services from another person shall be guilty of theft.”
In short, if you use a dishonest or deceptive method to get something that doesn’t belong to you, you could be charged with theft by swindle.
Common Examples of Theft by Swindle
This type of theft can occur in many forms — often disguised as legitimate business transactions, personal arrangements, or services.
Here are some common real-world examples:
- Fake Investment Schemes: Promising high returns on nonexistent or risky investments
- Contractor Fraud: Taking payments for work that is never performed
- Charity Scams: Soliciting donations for a fake organization
- Insurance Fraud: Filing a false claim or inflating damages
- Forged Checks or Invoices: Creating or modifying documents to obtain money
- Family or Caregiver Deception: Coercing elderly individuals to hand over money or sign over property
- Romance Scams: Gaining trust in a relationship to extract gifts or money
Because the definition is broad, even minor misrepresentations — if intentional and resulting in loss — can fall under theft by swindle.
Is Theft by Swindle a Felony?
Yes, in many cases, theft by swindle is charged as a felony in Minnesota. The severity of the charge and the potential sentence depend largely on the value of what was stolen and whether the victim was especially vulnerable, such as a senior or a person with a disability.
Penalty Breakdown
| Amount Stolen | Charge Level | Penalty |
| Under $500 | Misdemeanor | Up to 90 days jail and $1,000 fine |
| $500–$1,000 | Gross Misdemeanor | Up to 1 year jail and $3,000 fine |
| $1,000–$5,000 | Felony | Up to 5 years prison and $10,000 fine |
| $5,000–$35,000 | Felony | Up to 10 years prison and $20,000 fine |
| Over $35,000 | Felony | Up to 20 years prison and $100,000 fine |
Aggravating Factors
Additional penalties may apply if:
- The victim was elderly or vulnerable
- The offense involved multiple victims
- The swindle was part of a pattern or scheme
- You have prior criminal convictions
How Is It Proven in Court?
To secure a conviction for theft by swindle, the prosecution must prove beyond a reasonable doubt that you:
- Deceived or misrepresented a fact
- Intended to defraud or trick the victim
- Received property or services as a result of the deception
- Caused the victim harm or loss
In most cases, prosecutors use a combination of:
- Witness testimony
- Financial records
- Emails or messages
- Video or phone recordings
- Expert testimony (in complex financial schemes)
Even if you never physically touched the money or property, encouraging or orchestrating the swindle can lead to charges.
Possible Legal Defenses
Being accused of theft by swindle does not make you guilty. There are several defenses your attorney might use, depending on the facts of your case:
1. Lack of Intent
If you did not mean to deceive or had a misunderstanding with the other party, it may not meet the legal standard for fraud.
2. Consent
If the victim gave you the property knowingly and voluntarily — with no trickery involved — that could undermine the prosecution’s case.
3. Insufficient Evidence
Without a clear paper trail or direct proof of deception, the state may struggle to prove all elements of the crime.
4. Mistaken Identity
If someone else used your name or identity to commit the swindle, you may be the victim of fraud yourself.
Long-Term Consequences of a Conviction
A conviction for theft by swindle can carry long-lasting consequences:
- Felony record that affects employment, housing, and licensing
- Restitution to the victim
- Civil lawsuits from victims
- Immigration consequences for non-citizens
- Loss of professional licenses
That’s why it’s critical to contact a qualified criminal defense attorney early. Martine Law will investigate every detail of your case and fight for the best possible outcome.
How Martine Law Can Help
If you’re facing allegations of theft by swindle in Minnesota, your future is at stake. Our defense team at Martine Law has experience handling high-stakes fraud cases. We:
- Analyze all documents and evidence
- Challenge the prosecution’s version of events
- Negotiate to reduce or dismiss charges
- Represent you at all hearings and trial
- Protect your rights and reputation
We understand the stress and fear that comes with fraud charges. Let us stand by your side and fight for your future.