If I sell you a bar of lead painted gold, and tell you that it's solid gold, I can still be held responsible for fraud. My words would constitute a crime.

Now, if I told you explicitly that it was lead, but you decided to pay the gold price of your own free will, then I would be okay.

It would literally be the words I used to that constituted the crime. Lying isn't free speech in plenty on contexts. Go file a false police report and find out what happens.