I am looking for some advice from anyone who has prosecuted a missapplication of construction trust funds case under chapter 162 of the Texas Property Code? I was hoping someone out there would be willing to share their experiences with this type of case. In particular, what issues did the defense bring up and how did you combat those issues? What evidence did you find extra helpful at trial, etc... I've done some research but having never tried one of these myself I would like to learn as much as possible from those who have dealt with one of these cases. I would love to hear from ya'll as to what to look for and any suggestions on how to prepare and present a good case.
Thank you in advance!!!
I have prosecuted many of them, but the Defendants' will to resist was consistently destroyed before picking a jury. They all plead. I agree that there are many subtle issues. The last set of amendments really helped and the word seems to have gotten out to most general contractors around here that one should NOT stiff one's subs and materialmen. If you want to kick it around sometime and think I could help (and you are a prosecutor), give me a call.
I am a prosecutor and I will be giving you a call!!
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