However, substantial evidence must exist to show the essential elements of the crime charged and that the defendant was the perpetrator of the crime. Defendant was charged under N.C. Gen. Stat. N.C. Gen. Stat. N.C. Gen. Stat. 98 N.C. App.
Cases construing the federal rule are instructive when examining our statute.
Similarly, stock options are securities as defined by N.C. Gen. Stat. 111 N.C. App. 78A-8 is met where the fraud or misrepresentation is directly or indirectly connected to the offer, sale, or purchase of stock options. The State's evidence tended to show that defendant solicited funds from both Plonk and Jackson promising an investment which provided a fixed rate of interest. Rather than invest those funds as agreed, he deposited them into a checking account and proceeded to use those funds to trade stock options and for his personal use without their knowledge.