State v. Thompson — Civil Settlement Does Not Offset Criminal Restitution; “Person Within the State” Is Not an Element of False Pretenses
The North Carolina Court of Appeals affirmed convictions for obtaining property by false pretenses and uttering forged instruments, holding that a victim’s prior civil settlement does not reduce the criminal restitution award, that a pending Wake County scheme involving the same TSA funds was properly admitted under Rule 404(b), and that “person within the State” is not an essential element of the offense because the Supreme Court’s longstanding four-element framework controls over Court of Appeals dicta.