Ala. Pattern Jury Instr. (Criminal) 13A-9-50

Receiving Deposits in Failing Financial Institution

The defendant is charged with receiving deposits in a failing financial institution.

A person commits the crime of receiving deposits in failing financial institution if,

as an officer, manager or other person participating in the direction of a financial

institution, he/she knowingly receives or permits the receipt of funds, a general deposit or

other investment, knowing or having reason to believe that (1) due to financial difficulties

the institution is about to suspend operations or go into receivership or reorganization,

and (2) the person making the deposit or other payment is unaware of the precarious

situation of the institution.

To convict, the State must prove beyond a reasonable doubt each of the following

elements:

(1) The Defendant was an officer, manager, or other person participating in the

direction of a financial institution, [describe the institution];

(2) The Defendant knowingl y received or permitted the receipt of funds, a

general deposit or other investment;

(3) The Defendant knew or had reason to believe that:

(A) Due to financial difficulties the institution was about to suspend

operations or go into receivership or reorganization; (AND)

(B) The person making the deposit or other payment was unaware of the

precarious situation of the institution.

Financial Instit ution means a bank, insurance company, credit union, safety

deposit company, savings and loan association, investment trust, or other organization

held out to the public as a place of deposit of funds or medium of savings or collective

investment. [13A-8-1(4)]

A person acts knowingly with respect to conduct or to a circumstance described

by a statute defining an offense when he/she is aware that his/her conduct is of that nature

or that the circumstance exists. [13A-2-2(2)]

If you find from the evidence that the State has proved beyond a reasonable doubt

each of the above elements of receiving deposits in a failing financial institution, then you

shall find the defendant guilty of receiving deposits in a failing financial institution.

If you find that th e State has failed to prove any one or more of the elements of

receiving deposits in a failing financial institution, then you cannot find the defendant guilty

of receiving deposits in a failing financial institution.

[Approved 02-27-17.]