COLJI-Crim. 4-4:08.INT

If you find the defendant not guilty of theft, you should disregard

this instruction and sign the verdict form to indicate your not guilty

verdict.

If, however, you find the defendant guilty of theft, you should sign

the verdict form to indicate your finding of guilt, and answer the following

verdict question on the verdict form:

Did the theft involve the mortgage lending process? (Answer

“Yes” or “No”)

The theft involved the mortgage lending process only if:

1. the theft was committed by deception, and

2. the underlying factual basis of the case involved the process

through which a person seeks or obtains a residential mortgage

loan, including, without limitation, solicitation, application, or

origination; negotiation of terms; third-party provider services;

underwriting; signing and closing; funding of the loan; and

perfecting and releasing the mortgage.

The prosecution has the burden to prove each numbered condition

beyond a reasonable doubt.

After considering all the evidence, if you decide the prosecution has

met this burden, you should mark “Yes” in the appropriate place, and have

the foreperson sign the designated line of the verdict form.

After considering all the evidence, if you decide the prosecution has

failed to meet this burden, you should mark “No” in the appropriate place,

and have the foreperson sign the designated line of the verdict form.