I am a home owner residing in Westwood MA. We purchase a land in town of Westwood in 2017 to build a house for our family. During house construction funds were distributed from Sharon Credit Union bank according to bank's representative adjuster completion report every phase of the construction. Diamond Builders a construction company filed a fraudulent claims and pool the funds on fake or uncompleted jobs. As a result about an estimated $228000 has been stolen from my construction loan bank account Also over some job has to be redone due to defects in construction over $100000. We fired a contractor and completed construction in the fall 2019. My question to you can we run a criminal case against former contractor ?
Hello:
I don’t know all of the facts and some of these are not clear.
First and foremost, a criminal suit cannot be brought for leverage in a civil matter. So, you can’t say “unless you do XYZ, I will bring a lawsuit”. So, don’t threaten one. Either go forward on it or not.
You swear out a criminal complaint at the criminal clerk’s office, (the Clerk may determine there is no basis criminally and suggest you proceed civilly). If a complaint issues , It’s now in the D.A.’s hands. If the DA’s office determines it has merit and it is brought forward for the benefit of the community, not specifically you.
Sometimes an “Accord and Satisfaction” can be hammered out which reimburses you, but that is discretionary.
Let me know if you have any other questions.
Thank you.