NC · jury_instructions
N.C.P.I.—Crim. 219B.60
CREDIT CARD FRAUD-CRIMINAL FACTORING OF TRANSACTION CARD RECORDS OF SALE. FELONY.
The defendant has been charged with criminal factoring of
transaction card records.
For you to find the defendant guilty of this offense, the State must
prove four things beyond a reasonable doubt:
First, that the defendant [employed] [solicited] an [authorized
merchant] [agent or employee of an authorized merchant] to remit to an
[issuer] [acquirer]1 a financial transaction card record of sale.
Second, that the record of sale submitted to the [issuer] [acquirer]
was not a record of a sale actually made by the [merchant] [agent or
employee of the merchant].
Third, that this record of sale was submitted without the express
authorization of a business organization or financial institution having
authority to accept such a transaction as payment for a sale.
And Fourth, that the defendant acted willfully and intentionally to
defraud the [issuer] [acquirer] [cardholder].
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date, the defendant [employed] [solicited] an
[authorized merchant] [agent or employee of an authorized merchant] to
remit to an [issuer] [acquirer] a financial transaction card record of sale
which was not a record of sale actually made by the merchant or his
agent or employee, and the defendant did this without the express
consent of the [issuer] [acquirer], and that the defendant acted willfully,
with the intent to defraud the
[issuer] [acquirer] [cardholder], 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, then it would be your duty to return a verdict of not
guilty.
History
N.C.P.I.—Crim. 219B.60 (April 2003). N.C. Gen. Stat. § 14-113.15A. Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
3898d106745708eaa33c10d1cb11bc148e5ba284abf9d839ce8338157f4abf05
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