Legal Question in Criminal Law in New Jersey

Theft with the intent to defraud

my brotehr contracted with a customer to build a kitchen for $40,000.00. He has been in the business for 35 years. Recently in 2006 the State passed a law that all home improvement contractors had to be licensed. My brother failed to obtain his license. However when he found out he needed one he applied and got it but not before he contracted for this particular kitchen. His customer has been defrauding contractors who come and do work in his home. Unaware of thsi when my brotehr signed him on, this customer demanded his deposit $16,000.00 back. The kitchen is complete and the customer refused installation and filed criminal charges against him. Even though my brother is a highly respected craftsman with many letters of recommendation, 3 letters drom experts in teh field that the kitchen is above standards and beautiful and color photos of teh completed kitchen, the prosecutor is requesting receipts for materials equaling the $16,000.00 deposit and will not accept any overhead. His attorney tells him they have no alternative but comply with the verbal request for receipts. My brotehr feels the completed kitchen should be sufficient to prove where the deposit monies went. Shouldn't the finished kitchen be proof enough?


Asked on 5/07/08, 12:44 am

2 Answers from Attorneys
Kenneth Vercammen,Esq. Kenneth Vercammen

Re: Theft with the intent to defraud

Please call our office to schedule an in-office consultation. Visit our website: www.njlaws.com for more information.

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Answered on 5/08/08, 9:41 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Theft with the intent to defraud

Here's the problem. You have a double hearsay problem here. Your attorney is speaking with the AP on the case. His attorney is telling him something and then he is telling you something. Thus, you don't have all the facts.

I suggest your brother sit down with his attorney and work this out. If your brother trusts his or her advice, than there is nothing else he needs to do but listen to his attorney. However, if he does not trust his attorney, it may be time to get a new one.

Feel free to call with any other questions.

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Answered on 5/07/08, 8:41 am


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