CR26-201                   11/09/07

EMBEZZLEMENT (OFFICER OR AGENT OF COMPANY), 13 V.S.A. § 2531

            The State has charged (Def)_______________ with embezzlement, as follows:

            [Read the charge.]

            Every crime is made up of essential elements.  Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt.  In this case, the essential elements are that on the date and at the place alleged,

(1)        (Def)_______________;

(2)        was an [officer] [agent] of (name of company)_______________, which is a (type of company or association)_______________;

(3)        (Def)_______________ had [possession] [care] of money belonging to the [company] [association] because of [his] [her] employment with the [company] [association]; and

(4)        [he] [she] fraudulently converted the money to [his] [her] own use.

            The first essential element is that (Def)_______________ is the person who committed the alleged acts.

            The second essential element is that (Def)_______________ was an [officer] [agent] of (name of company)_______________, which is a (type of company or association)_______________.  An agent is a person who conducts another’s business, and is authorized to act for the benefit of the other person or company. [An agency relationship can be created by law or by agreement.  It may be temporary or it may continue indefinitely; and it may be narrow or broad in scope.  An agency relationship may be implied from the circumstances of a particular situation, and it may arise from a single transaction.]

            The third essential element is that (Def)_______________ had [possession] [care] of money belonging to the [company] [association] because of [his] [her] employment with the [company] [association].

            The last essential element is that (Def)_______________ fraudulently converted money to [his] [her] own use.  To convert money means that [he] [she] used it as if it were [his] [her] own, and that he did so without [legal authority] [company authority or permission].  [He] [She] must have taken the money on purpose, and not inadvertently, or because of mistake, or by accident.  It does not matter whether [he] [she] might have been owed some money by the business.

            The intent with which a person does an act may be shown by the way in which he or she expresses it to others, or by his or her conduct.  In determining (Def)_______________’s intent, you should consider all of the surrounding facts and circumstances established by the evidence.

            The State must have proven that it was the company’s money, and that (Def)_______________ had [possession] [care] of it when [he] [she] purposely took the money and converted it to [his] [her] own use.

            All of the elements of the offense must have been present at the same time.  If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty.  However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.