TDCAA Community
BEXAR CTY CONVICTION FOR CONSTRUCTION FRAUD

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/5771080502

March 10, 2010, 10:46
Barrett Denum Hansen
BEXAR CTY CONVICTION FOR CONSTRUCTION FRAUD
"SAN ANTONIO -- Scott Hardin, accused of scamming the elderly and others by taking money for contracting jobs he never completed, was sentenced to 10 years in prison on Tuesday on charges of theft and misapplication of fiduciary property." http://www.ksat.com/news/22792782/detail.html

I have a somewhat similar fraud case, but my victims are not exclusively elderly. If Bexar Cty ADA Shane Kaiser reads this, please explain how you made this case.
If you have any thoughts on how to charge and prove a multi-victim fraud like this, please share!! I see how sub-contractors can be victims of misapplication (Property Code says there is a Fid. relationship), but how do you estabish the construction funds from the homeowners are "fiduciary property"?
March 10, 2010, 13:13
Gordon LeMaire
I had a jury trial on one of these and the jury walked the defendant. Any information would be greatly appreciated.
March 12, 2010, 12:38
pkdyer
I was not trial attorney, but wrote the appeal on Gill v. State, 11-07-00035-CR, 2008 Tex. App. LEXIS 9621 (12/11/2008). Don't know if the case will help you, but it was a one person construction contract for remodeling that was uncompleted. Had pattern because another also faced same problems with incomplete work.