When a construction company accepts money, fails to perform the promised work, misrepresents materials, timelines, licensing, or uses funds for purposes unrelated to the project, the matter may go beyond a simple contract dispute. In the Commonwealth of Pennsylvania, certain construction fraud allegations can lead to criminal prosecution for offenses such as theft by deception, theft of services, and related financial crimes. Michael Kotik and SKA Law Group review and defend these highly technical allegations throughout Pennsylvania.
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Many homeowners first assume their only remedy is filing a lawsuit to recover lost money. While that can happen, Pennsylvania prosecutors may also review complaints from alleged victims to determine whether probable cause exists that a crime was committed. If investigators believe there was an intentional scheme to take money through false promises or deceptive conduct, criminal charges may be filed.
* Taking large deposits and abandoning the project
* Repeated false promises while refusing refunds
* Misrepresenting licensing, insurance, or qualifications
* Billing for work or materials never provided
* Using one customer’s money to cover unrelated jobs while concealing the truth
After complaints are made, law enforcement and prosecutors may review contracts, payment records, text messages, advertisements, permits, witness statements, and banking activity. If probable cause is found, charges can be approved and presented to a judge for an arrest warrant or summons.
A conviction can carry serious penalties depending on the amount of loss, criminal history, and number of alleged victims. Consequences may include:
* Jail or prison
* Probation
* Restitution orders
* Fines and court costs
* Damage to business reputation and licensing issues
Even when incarceration is avoided, restitution can become a major issue.
Not every failed project is a crime. Construction delays, labor shortages, disputed workmanship, change orders, weather issues, and miscommunication can create legitimate business disputes that do not rise to criminal conduct. The central issue is often intent.
Defense strategies may involve reviewing:
* Whether work was substantially completed
* Whether delays were disclosed
* Whether funds were used for project-related expenses
* Whether promises were knowingly false
* Whether the dispute is contractual rather than criminal
Michael Kotik and SKA Law Group review construction fraud allegations, contractor theft cases, and theft by deception prosecutions across Pennsylvania. Our firm reviews the facts, reviews the evidence, and reviews possible strategies to seek dismissal, reduction, or trial defense where appropriate.
If you or your company are under investigation or charged in Pennsylvania for a construction-related theft offense, early legal review can make a substantial difference.
Montgomery 12/2016
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