§ 53-129. Misapplication, embezzlement of funds, etc. - North Carolina Statutes

§53‑129.  Misapplication, embezzlement of funds, etc.

Whoever being an officer,employee, agent or director of a bank, with intent to defraud or injure thebank, or any person or corporation, or to deceive an officer of the bank or anagent appointed to examine the affairs of such bank, embezzles, abstracts, ormisapplies any of the money, funds, credit or property of such bank, whetherowned by it or held in trust, or who, with such intent, willfully andfraudulently issues or puts forth a certificate of deposit, draws an order orbill of exchange, makes an acceptance, assigns a note, bond, draft, bill ofexchange, mortgage, judgment, decree or fictitiously borrows or solicits,obtains or receives money for a bank not in good faith, intended to become the propertyof such bank; or whoever being an officer, employee, agent, or director of abank, makes or permits the making of a false statement or certificate, as to adeposit, trust fund or contract, or makes or permits to be made a false entryin a book, report, statement or record of such bank, or conceals or permits tobe concealed by any means or manner, the true and correct entries of said bank,or its true and correct transactions, who knowingly loans, or permits to beloaned, the funds or credit of any bank to any insolvent company orcorporation, or corporation which has ceased to exist, or which never had anyexistence, or upon collateral consisting of stocks or bonds of such company orcorporation, or who makes or publishes or knowingly permits to be made orpublished a false report, statement or certificate as to the true financialcondition of such bank, shall be guilty of a felony. If an offense committedunder this section involves money, funds, credit, or property with a value ofone hundred thousand dollars ($100,000) or more, it is a Class C felony. If anoffense committed under this section involves money, funds, credit, or propertywith a value of less than one hundred thousand dollars ($100,000), it is aClass H felony. Any other offense committed under this section is a Class Hfelony. (1921, c. 4, s. 83; C.S., s. 224(e); 1927, c. 47, s.16; 1979, c. 760, s. 5; 1993, c. 539, s. 1266; 1994, Ex. Sess., c. 24, s.14(c); 1997‑443, s. 19.25(m).)