State v. Moon
Supreme Judicial Court of Maine
755 A.2d 527 (2000)
John Moon (defendant), while working to revive his fraternity's local chapter and serving as its treasurer, transferred roughly $120,000 of the organization's funds to himself and a company in which he was a major shareholder, using the money to renovate his townhouse in hopes of securing residential financing. The financing fell through; Moon repaid about $100,000 before filing personal bankruptcy and made no further repayments after that. He kept detailed, separate records of the transactions throughout. Convicted of theft, Moon appealed, arguing the jury instructions on intent to deprive were inadequate and that excluded expert testimony would have shown his true intent to repay.
Whether, under state law, a defendant who consciously uses property in a way that makes return to the property's owner unlikely may be liable for theft, even if the defendant intended to return the property.