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determine whether any illegal activity occurred in Oregon
sufficient to establish petitioners were the victims of a theft.
We believe that petitioners equate the ORS section 164.085,
theft by deception statute, to the Federal conspiracy to commit
fraud and mail fraud statutes Jay Hoyt was convicted of
violating. To violate the Oregon theft by deception statute, a
person, with intent to defraud, must obtain the property of
another by: (1) Creating or confirming another’s false
impression of law, value, intention or other state of mind which
the actor does not believe to be true; (2) failing to correct a
false impression which the person previously created or
confirmed; (3) preventing another from acquiring information
pertinent to the disposition of the property involved; (4)
selling or otherwise transferring or encumbering property,
failing to disclose a lien, adverse claim or other legal
impediment to the enjoyment of the property; or (5) promising
performance which the person does not intend to perform or knows
will not be performed. Therefore, to establish a theft under the
Oregon statute cited by petitioners, they must prove that Jay
Hoyt, with intent to defraud each partnership by means of at
least one of the five methods stated in the theft by deception
statute, deceptively obtained partnership property each year from
each partnership equal to the amount of total cash the investors
contributed in each of those years.
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