[ArmstedFragg]

Nope: Criminal matters require intent. It’s pure civil.

[justlurking]

Nope: Criminal matters require intent. It’s pure civil.

As I said, I'd start with that. It would be up to the bank to prove that it wasn't intentional.

Then, we would talk about settling for criminal negligence.

Eventually, we would start talking about money. But by then, they would know that they had better not screw with me again.

[GonzoGOP]

You still have the DA file the charges. The key is changing the time element from favoring the bank to favoring the homeowners. The homeowners have their house trashed and unusable, their personal items lost, and they can't start repairs until a settlement is reached. The bank in contrast is sitting on the money from the sale of the stolen items. Their lawyers are on staff and unlike the homeowners who have to pay insane hourly rates or turn over 1/3rd of the value of their possessions to a lawyer tieing it up in court for years costs the bank nothing.

Put the bank manager under arrest and even when he gets out on bail he is going to want to clear his name. His bond will likely mean a nice lean on his home. The case now becomes just as personal for him as it is for the homeowners.

Finally criminal charges reverse the lawyer bill issue. The DA is being paid by the homeowner, in the form of taxes, regardless of if a case is pursued or not. Hence no additional charge to the homeowner. The banker and his contractors will need to hire their own lawyers, as lawyers specializing in criminal cases are usually not on staff at a bank.

The fastest and easiest way for the banker to clear the breaking and entry charge is in to admit in court that they acted with criminal negligence. Making a credible threat of criminal proceedings encourages the bank to write big checks, write them quickly and to do it with the minimal involvement of lawyers.

[Hulka]

“Nope: Criminal matters require intent. It’s pure civil.”

Actually, in Texas, is is “intentionally, knowingly or recklessly.”

Seems someone acted recklessly.

It’s pure criminal.

[Hulka]

“Nope: Criminal matters require intent. It’s pure civil.”

Actually, in Texas, is is “intentionally, knowingly or recklessly.”

Seems someone acted recklessly.

It’s pure criminal.