Fill and Sign the Jury Instruction Theft or Embezzlement by Bank Employee Form

19 Theft Or Embezzlement By Bank Employee 28 USC § 656 Title 18, United States Code, Section 656, makes it a Federal crime or offense for an employee of a federally insured bank to [embezzle] [misapply] the funds of the bank. The Defendant can be found guilt y of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant was an officer or employee of the bank described in the indictment; Second: That t he bank was an insured bank; Third: That the Defendant knowingly and willfully [embezzled] [misapplied] funds or credits belonging to the bank or entrusted to its care; Fourth: That the Defendant act ed with intent to injure or defraud the bank; and Fifth: That the [embezzled] [misapplied] funds or credits had a value in excess of $ 100. An " insured bank" means any bank the deposit s of which are insured by the Federal Deposit Insurance Corporation. [To " embezzle" means the wrongful or willful taking of money or property belonging to someone else after t he money or property has lawfully come into the possession or control of the person taking it. To " take" money or property means to knowingly and willfully deprive the owner of it s use and benefit by converting it t o one's own use with intent to defraud the bank. However, no particular type of moving or carrying away is required t o constitute a " taking." Any appreciable change of t he location of the property with the required willful intent constitutes a taking whet her or not t here is an actual removal of it from the owner's premises.] [To " misapply" a bank' s money or property means a willful conversion or taking by a bank employee of such money or property for the employee' s own use and benefit, or t he use and benefit of another, and with intent to defraud the bank, whether or not such money or property has been entrust ed t o t he employee' s care.] To act with " intent to defraud" means to act with intent to deceive or cheat, ordinarily for the purpose of causing a financial loss to someone else or bringing about a financial gain to one's self. ANNOTATIONS AND COMMENTS 18 USC § 65 6 provides: Whoever, being an officer, director, agent or employee of . . . any national bank or insured bank . . . embezzles, abstracts, purloins or willfully misapplies any of t he moneys, funds or credits [having a value in excess of $100] of such bank . . . or . . . in trusted to the custody or care of such bank [shall be guilt y of an offense against t he United States]. Maximum Penalty: Thirty (30) years imprisonment and applicable fine. If the evidence justifies an instruct ion on the lesser included offense (embezzlement or misapplication of funds having a value of $100 or less), see Special Instruct ion 10, Lesser Included Offense.