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There's civil liability in either case. Whether there's criminal liability would be a question of US state law (as opposed to federal), so it could vary depend
by bjt 12y ago
There's civil liability in either case.
Whether there's criminal liability would be a question of US state law (as opposed to federal), so it could vary depending on the state. As one example, New York law seems to say (based on quick Googling) that there would be criminal liability if it could be shown that the defendant intended to run away with the money instead of using it to fulfill the contract.
http://www.nycrimblog.com/nycrim/2009/11/when-does-a-breach-of-contract-result-in-criminal-liability.html http://www.nycrimblog.com/nycrim/2009/11/when-does-a-breach-...
- dragonwriter 12y ago> Whether there's criminal liability would be a question of US state law (as opposed to federal), so it could vary depending on the state. Federal law could apply, as well, depending on the circumstances or means. I'm pretty sure I've seen cases where schemes where running away with the money was intended in -- that is, before particular parties were convinced to spend money that went to the company -- prosecuted under federal mail and/or wire fraud statutes