Commonwealth v. Gaspard, E., Aplt.
CourtSupreme Court of Pennsylvania
Date FiledOctober 1, 2026
Docket19 MAP 2025
JudgeMundy, Sallie
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
[J-14-2026] [MO: Donohue, J.]
IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 19 MAP 2025
:
Appellee : Appeal from the Order of the
: Superior Court at No. 2977 EDA
: 2023 dated September 17, 2024
v. : Affirming the Judgment of
: Sentence of the Monroe County
: Court of Common Pleas, Criminal
EBBONI L. GASPARD, : Division, at No. CP-45-CR-
: 0000358-2022 dated November
Appellant : 16, 2023.
:
: ARGUED: March 12, 2026
CONCURRING OPINION
JUSTICE MUNDY DECIDED: October 1, 2026
I join the majority opinion and write to highlight that, in providing that a deception
must have pecuniary significance in order to constitute an offense, see 18 Pa.C.S.
§ 3922(b), it seems to me the General Assembly merely clarified a requirement already
embedded, if perhaps by implication, into the wording of subsection (a). That subsection
makes it an offense to obtain property “by” deception. By in this context is causal
preposition, and thus, under the Crimes Code the deception must have been a “but for”
cause of Appellant receiving benefits. See 18 Pa.C.S. §303(a)(1) (providing that conduct
is the cause of a result when it is “an antecedent but for which the result in question would
not have occurred”). The Commonwealth agrees there is a causal element, but it argues,
referencing Commonwealth v. Volk, 444 A.2d 1182 (Pa. Super. 1982), that as long as the
deception was followed by the defendant’s receipt of benefits, that is enough – a post hoc
ergo propter hoc fallacy. See Brief for Appellee at 13. Notably, Volk did not address
whether but-for causation was necessary notwithstanding that the issue was raised by
the defendant. See Volk, 444 A.2d at 1186. The majority appropriately disapproves that
decision. In the instant case, it is undisputed that the prosecution did not prove, or seek
to prove, that Appellant would not have received the same benefits absent her deception.
Perhaps the prosecution was relying on Volk in believing such proof was unnecessary. If
so, that reliance was misplaced, as the plain text of the statute takes precedence.
Justice Wecht joins this concurring opinion.
[J-14-2026] [MO: Donohue, J.] - 2