OUJI-CR 5-30

EMBEZZLEMENT - DEFINITIONS

Administrator - One who is appointed by a court to administer assets and liabilities of a person who died without a will.

References: 58 O.S. 1991, §§ 251 et seq.

Agent - One who is given the authority to act for and in the name of another.

References: Morrison v. State, 792 P. 2d 1189, 1191 (Okl. Cr. 1990); Smith v. State, 78 Okl. Cr. 343, 148 P.2d 206 (1944).

Appropriate - Convert to a use not authorized by the true owner or possessor.

References: Terry v. Water Improvement Dist. No. 5, 1937 OK 82, 179 Okl. 106, 64 P.2d 904; Blake v. State, 1916 OK CR 91, 12 Okl. Cr. 549, 160 P. 30.

Assignee in Trust - One who has been given property of another person for payment of the other person?s creditors.

References: 24 O.S. 1991, § 31.

Attorney in Fact - One who is authorized by a written document to act for another.

References: Matter of Rolater?s Estate, 542 P.2d 219 (Okl. 1975); 16 O.S. 1991, § 20.

Bailee - One to whom custody and control of personal property is delivered for a particular purpose.

References: Broaddus v. Commercial Nat?l Bank of Muskogee, 113 Okl. 10, 237 P. 583 (1925); Lord v. Oklahoma State Fair Ass?n, 95 Okl. 294, 219 P. 713 (1923).

Broker - One who is engaged for others in negotiating sales or exchanges of property.

References: Messick v. Johnston, 155 Okl. 139, 8 P.2d 28 (1931).

Carrier - One having under his/her control personal property for the purpose of transportation for hire.

References: 21 O.S. 1991, § 1453.

Executor - One who is named in a person?s will to dispose of that person?s property according to the terms of the will.

References: 58 O.S. 1991, §§ 251 et seq.

Fraudulent - With intent to deprive wrongfully the owner or the person who entrusted the property.

References: Smith v. State, 78 Okl. Cr. 343, 148 P.2d 206 (1944); R. Perkins, Criminal Law 293 (2d ed. 1969).

Personal Property - Money, goods, chattels, effects, evidences of rights in action, and written instruments effecting a monetary obligation or right or title to property.

Reference: 21 O.S. 2001, § 103.

Secrete - To conceal or secretly transfer.

Reference: Black's Law Dictionary 1382 (8^th ed. 2004).

Trustee - One legally authorized to deal with property for the use of a trust.

Reference: 60 O.S. Supp. 1995, § 171.

Value - Fair market value or reasonable selling price.

Reference: 21 O.S. 2001, § 1462.

(2005 Supp.)