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Criminal Jury Instructions

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10.2-18  Extortionate Extension of Credit -- § 53-390

Revised to December 1, 2007

The defendant is charged [in count __] with (making / conspiring to make) an extortionate extension of credit.  The statute defining this offense imposes punishment on

any person who makes any extortionate extension of credit, or conspires to do so.

For you to find the defendant guilty of this charge, the state must prove beyond a reasonable doubt that the defendant (made /conspired to make) an extortionate extension of credit.

An "extortionate extension of credit" means any extension of credit with respect to which it is the understanding of the creditor and the debtor, at the time such extension of credit is made, that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation or property of any person.

"To extend credit" means to make or renew any loans, or to enter into any agreement, tacit or express, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or will be deferred.

"Credit" is the time that a seller gives the buyer to make the payment that is due.

"Creditor," with reference to any given extension of credit, refers to any person making such extension of credit, or to any person claiming by, under or through such person.

"Debtor," with reference to any given extension of credit, refers to any person to whom such extension of credit is made, or to any person who guarantees the repayment of that extension of credit, or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person to whom that extension of credit is made to repay the same.

"Repayment" of any extension of credit includes the repayment, satisfaction or discharge, in whole or in part, of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with such extension of credit.

<If charged with conspiring to make an extortionate extension of credit, see Conspiracy, Instruction 3.3-1.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that the defendant (made / conspired to make) an extortionate extension of credit.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the extortionate extension of credit, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.

Commentary

Note the following evidentiary provisions found in General Statutes § 53-390 (b) and (c):

If the state proves beyond a reasonable doubt that all of the following factors were present in connection with the extension of credit in question, there is prima facie evidence that the extension of credit was extortionate; but this subsection is nonexclusive and in no way limits the effect or applicability of subsection (a):

(1) The repayment of the extension of credit, or the performance of any promise given in consideration thereof, would be unenforceable, through civil judicial processes against the debtor (A) in the jurisdiction within which the debtor, if a natural person, resided or (B) in every jurisdiction within which the debtor, if other than a natural person, was incorporated or qualified to do business at the time the extension of credit was made;

(2) The extension of credit was made at a rate of interest in excess of the rate permitted under title 37 calculated according to the actuarial method of allocating payments made on a debt between principal and interest, pursuant to which a payment is applied first to the accumulated interest and the balance is applied to the unpaid principal;

(3) At the time the extension of credit was made, the debtor reasonably believed that either (A) one or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means, or the non-repayment thereof had been punished by extortionate means; or (B) the creditor had a reputation for the use of extortionate means to collect extensions of credit or to punish the non-repayment thereof; or

(4) Upon the making of the extension of credit, the total of the extensions of credit by the creditor to the debtor then outstanding, including any unpaid interest or similar charges, exceed ten dollars.

(c) In any prosecution under this section, if evidence has been introduced tending to show the existence of any of the circumstances described in subdivision (1) or (2) of subsection (b), and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then, for the purpose of showing the understanding of the debtor and the creditor at the time the extension of credit was made, the court may, in its discretion, allow evidence to be introduced tending to show the reputation as to collection practices of the creditor in any community of which the debtor was a member at the time of the extension.
 


 

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