3221.Aggravated White Collar Crime (Pen. Code, § 186.11(a)(1))
If you ﬁnd the defendant guilty of the crime[s] charged in Count[s]
[,] [or of attempting to commit (that/those) crime[s]][ or the
lesser crimes[s] of <insert lesser offense[s]>], you must
then decide whether the People have proved the additional allegation
that the defendant engaged in a pattern of related felony conduct that
(involved the taking of/ [or] resulted in the loss by another person or
entity of) more than $ <insert amount alleged>.
To prove this allegation, the People must prove that:
1. The defendant committed two or more related felonies,
speciﬁcally <insert names of alleged felonies and
descriptions if necessary>;
2. Fraud or embezzlement was a material element of at least two
related felonies committed by the defendant;
3. The related felonies involved a pattern of related felony conduct;
4. The pattern of related felony conduct (involved the taking of/
[or] resulted in the loss by another person or entity of) more
than $ <insert amount alleged>.
Apattern of related felony conduct means engaging in at least two
felonies that have the same or similar purpose, result, principals,
victims, or methods of commission, or are otherwise interrelated by
distinguishing characteristics, and that are not isolated events.
Related felonies are felonies committed against two or more separate
victims, or against the same victim on two or more separate occasions.
[Fraud is a material element of <insert name of alleged
[Embezzlement is a material element of <insert name of
The People have the burden of proving this allegation beyond a
reasonable doubt. If the People have not met this burden, you must ﬁnd
that this allegation has not been proved.
New January 2006; Revised December 2008