estafa

Estafa is a crime involving deceit that leads another person to part with money, property, or services based on misrepresentation, false pretenses, or abuse of confidence. The term comes from the Spanish estafar, meaning to swindle or defraud. In legal contexts, estafa is used in many jurisdictions with historical ties to Spain, notably in the Philippines and various Spanish-speaking countries.

In the Philippines, estafa is defined in Article 315 of the Revised Penal Code and is grouped into two main forms: estafa by means of deceit (through false pretenses or fraudulent acts) and estafa by means of abuse of confidence (when money or property entrusted to another is used improperly or without authority). The crime covers situations where deceit or abuse leads a person to part with money or property, or to deliver services, under a misrepresentation of the true facts or the terms of an arrangement.

Elements commonly required for estafa include deceit or false pretenses, damage or prejudice to the victim, intent to defraud, and a causal link between the deceit and the loss. Estafa is distinguished from a breach of contract by the presence of deceit or abuse of confidence rather than merely failing to fulfill an agreement.

Common schemes involve misrepresentation that funds will be returned or goods delivered, use of forged or falsified documents, presenting false payment methods, or schemes that exploit entrusted funds for unauthorized purposes. Online scams, check fraud, and Ponzi-like arrangements can also fall under estafa depending on the jurisdiction and the specifics of the deceit and loss involved.

Penalties for estafa vary by jurisdiction and the amount involved, but typically depend on the degree of deceit, the value of loss, and the means used to defraud. See also fraud, scam, and white-collar crime.