Wis JI-Criminal 1470

Statutory Definition of the Crime

Fraudulent transfer of encumbered personal property, as defined in § 943.84(2)(a) of

the Criminal Code of Wisconsin, is committed by one who, with intent to defraud,

(conceals) (removes) (transfers) any personal property in which he knows another has a

security interest.

State's Burden of Proof

Before you may find the defendant guilty of this offense, the State must prove by

evidence which satisfies you beyond a reasonable doubt that the following four elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant (removed) (transferred) (concealed) personal property.

[To "remove" means to change the location of property permanently.] 1

[To "transfer" means to change possession or title of any property.] 2

[To "conceal" means to hide the property or to do something else which

prevents or makes more difficult the discovery of the property.] 3

2. Another party held a security interest in the property.

A security interest is an interest in property which secures payment or other

performance of an obligation. 4

3. The defendant knew 5 that another held a security interest in the property.

4. The defendant (transferred) (removed) (concealed) the property with intent to

defraud.

This requires that when the defendant (transferred) (removed) (concealed)

the property, (he) (she) had a purpose to cause someone pecuniary loss 6 or was

aware that (his) (her) conduct was practically certain to cause that result. 7

WHEN EVIDENCE WARRANTS AND WHERE THE HOLDER OF

SECURITY INTEREST IS ALLEGED TO HAVE BEEN DEFRAUDED, GIVE

THE FOLLOWING INSTRUCTION. 8

[Evidence has been received that the defendant knew that a security interest existed

and (removed) (sold) the property without (the consent of the secured party)

(authorization by the security agreement). Evidence has also been received that the

defendant failed to return the property within 72 hours of written demand (or, if return of

the property is not possible, failed to make full disclosure to the secured party of all

information concerning the disposition, location, and possession of the property). If you

are satisfied beyond a reasonable doubt that all these facts are established, you may find

from this evidence alone that the defendant (transferred) (removed) (concealed) the

property with intent to defraud. But you are not required to do so, and you must not so

find unless you are satisfied beyond a reasonable doubt from all the evidence in the case

that the defendant acted with the intent to defraud.]

Deciding About Intent and Knowledge

You cannot look into a person's mind to find intent or knowledge. Intent and

knowledge must be found, if found at all, from the defendant's acts, words, and

statements, if any, and from all the facts and circumstances in this case bearing upon

intent and knowledge.

Jury's Decision

If you are satisfied beyond a reasonable doubt that all four elements of this offense

have been proved, you should find the defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.

IF A FELONY OFFENSE IS CHARGED, A JURY DETERMINATION OF

VALUE MUST BE MADE. ADD THE FOLLOWING IF THE EVIDENCE

WOULD SUPPORT A FINDING THAT THE VALUE WAS MORE THAN

THE AMOUNT STATED IN THE QUESTION. 9

[Determining Value]

[If you find the defendant guilty, answer the following question:

("Was the value of property stolen more than $100,000?"

Answer: "yes" or "no.")

("Was the value of property stolen more than $10,000?"

Answer: "yes" or "no.")

("Was the value of property stolen more than $500?"

Answer: "yes" or "no.")

"Value" means the market value of the property at the time of the theft or the

replacement cost, whichever is less. 10

Before you may answer "yes," you must be satisfied beyond a reasonable doubt that

the value of the property was more than the amount stated in the question.]