Q: I entered into an agreement with a builder. He has stolen 100k+ and mis appropriated funds. How can I prosecute him?
The builder frauded me as well as several other investors, suppliers and subs. It is very obvious now after I have gathered the facts that he did this with clear malicious intent. I discovered he has done this in the past in 1996, 2008, 2014 and now. He filed bankrupsty the two previous times. I do not believe he has that option this time. He wrote bad checks to two suppliers that I know of which should be criminal. The DA says this is a civil matter however I believe they should investigate him under T.C.A. 39-14-105. He has performed work but he knowingly pulled more draws without intent on performing work and did not pay subs or suppliers for previous work done within previous draws. My homes now have liens on them. I am one of many that was taken by him. I don't think I'll get my money back but I can't stand to think about him getting away with this again. Any thoughts?
A: In very rare circumstances, there can be a "private prosecutor" - however, this will require the consent of the district attorney's office. You will want to meet with the elected District attorney in your district, not a deputy or assistant district attorney. Try to emphasize the number of people affected by this person's actions. Construction cases are often complicated and the DA are mostly concerned with crimes of violence and drugs. You have to convince them that a large number of VOTERS in your district want this person prosecuted.
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