N.C.P.I.—Crim. 218.15A

NOTE WELL: If the value of the property is one

hundred thousand dollars ($100,000) or more, there is

a greater punishment. For offenses occurring before

December 1, 1997, or if the value is less than one

hundred thousand dollars ($100,000), use N.C.P.I.-

Crim. 218.10A.

The defendant has been charged with embezzlement of $100,000 or

more by virtue of office or employment.1

For you to find the defendant guilty of this offense, the State must

prove four things beyond a reasonable doubt:

First, that the defendant [exercised a public trust] [held a public

office] [was a [[guardian] [administrator] [executor] [trustee] [receiver]

[any other fiduciary, including, but not limited to, a settlement agent] [an

[[officer] [agent] of a corporation] [agent] [consignee] [clerk] [bailee]

[servant] of any person.]]2

Second, that while acting as (name fiduciary capacity), (describe

property3) came into the defendant’s [possession] [care].

Third, that the defendant [[embezzled]4 [[fraudulently] [[knowingly

and willfully] [misapplied] [converted] to the defendant’s own use]]

[[took] [made away with] [secreted] (describe property) with the intent

to [embezzle] [[fraudulently] [knowingly and willfully] [misapply]

[convert] (describe property) to the defendant’s own use].

And Fourth, that the value of the property was $100,000 or more.

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant [exercised a public trust] [held a

public office] [was a [[guardian] [administrator] [executor] [trustee]

[receiver] [any other fiduciary, including, but not limited to, a settlement

agent] [an [[officer] [agent] of a corporation] [agent] [consignee] [clerk]

[bailee] [servant] of any person]], that while the defendant was acting as

(name fiduciary capacity), (describe property) came into the defendant’s

[possession] [care], and that the defendant [[embezzled] [[fraudulently]

[[knowingly and willfully] [misapplied] [converted] to the defendant’s own

use]] [[took] [made away with] [secreted] (describe property) with the

intent to [embezzle] [[fraudulently] [knowingly and willfully] [misapply]

[convert] (describe property) to the defendant’s own use], and that the

value of the property was $100,000 or more, it would be your duty to

return a verdict of guilty. If you do not so find or have a reasonable

doubt as to one or more of these things, you will not return a verdict of

guilty of embezzlement of $100,000 or more by virtue of office or

employment,5 but will determine whether the defendant is guilty of

embezzlement of less than $100,000 by virtue of office or employment.

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant [exercised a public trust] [held a

public office] [was a [[guardian] [administrator] [executor] [trustee]

[receiver] [any other fiduciary, including, but not limited to, a settlement

agent][an [[officer] [agent] of a corporation] [agent] [consignee] [clerk]

[bailee] [servant] of any person]], that while the defendant was acting as

(name fiduciary capacity), (describe property) came into the defendant’s

[possession] [care], and that the defendant [[embezzled] [[fraudulently]

[[knowingly and willfully] [misapplied] [converted] to the defendant’s own

use]] [[took] [made away with] [secreted] (describe property) with the

intent to [embezzle] [[fraudulently] [knowingly and willfully] [misapply]

[convert] (describe property) to the defendant’s own use], it would be

your duty to return a verdict of guilty of embezzlement. If you do not so

find or have a reasonable doubt as to one or more of these things, it

would be your duty to return a verdict of not guilty.