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36. i suspect they get out of criminal liability based on lack of criminal intent.

Wed Jul 24, 2013, 01:10 PM

Jul 2013

many crimes require criminal intent. lacking criminal intent, there may be a lesser, "negligent" version of the crime, e.g., negligent homicide vs. murder.

but i've never heard of a crime call negligent breaking and entering or negligent theft.

that said, they certainly have civil liability which could include extras such as compensation for lost time, hassle factor, interest, hotel costs if applicable, etc.

in theory, i think they're only liable for the fair market value (as opposed to the replacement cost) of the lost items if they can't return them. if they took a damaged, 30 year old sofa, i don't think they're liable to replace that with a brand new sofa. commercially, though, they should be bending over backwards to settle this sort of thing, it's a p.r. nightmare.

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bank repos wrong house, gets rid of property, refuses to make restitution [View all] littlewolf Jul 2013 OP

wait until the pain and suffering law suit hollysmom Jul 2013 #1

Good Lawyers Have To Be Standing In Line! ProfessorGAC Jul 2013 #2

Looking for a new job? Ha, they'll probably promote him and double his salary. RC Jul 2013 #3

The sit on your hands police force decided to exboyfil Jul 2013 #11

Burglary requires intent in criminal law. former9thward Jul 2013 #61

That is correct Sanity Claws Jul 2013 #70

What about theft, unlawful taking, or whatever that jurisdiction cares to call it? (NT) Heywood J Jul 2013 #123

It's not burglary because burglary is a specific intent crime. AnotherMcIntosh Jul 2013 #87

There was intent though... Lancero Jul 2013 #107

A conviction for burglary requires proof of specific intent, not proof of a general intent. AnotherMcIntosh Jul 2013 #115

They specifically chose that house... Lancero Jul 2013 #122

Do you have the prosecutor's phone number? Why not give him a call and explain it to him? AnotherMcIntosh Jul 2013 #124

I hate to say it... awoke_in_2003 Jul 2013 #29

This is not the type of lawsuit for which pain and suffering are compensated. AnotherMcIntosh Jul 2013 #86

why not? hollysmom Jul 2013 #132

How many years in jail would it be for stealing everything out of a house? robinlynne Jul 2013 #4

Zero! Corporations are people when it benefits them... TroglodyteScholar Jul 2013 #23

This is a civil matter not criminal. former9thward Jul 2013 #62

They might not have intended to burglarize the home but they did intend to remove the contents ladjf Jul 2013 #67

Whether they intended to steal her propert or not, the end result is THEY STOLE HER PROPERTY! Fla Dem Jul 2013 #127

You can shout all you want. former9thward Jul 2013 #130

Fucking banksters! Rex Jul 2013 #5

There's a huge issue being mentioned, the retail vs. wholesale paradigm Trillo Jul 2013 #6

all the more reason a jury should do the negotiations littlewolf Jul 2013 #7

The bank needs to come up with the Jenoch Jul 2013 #57

Breaking & entering, grand larceny. Who is going to jail? n/t PowerToThePeople Jul 2013 #8

Exactly! Beearewhyain Jul 2013 #10

Exactly! Orrex Jul 2013 #13

She needs to go to the police and make a criminal complaint. pa28 Jul 2013 #33

And they would correctly tell her to file a suit. former9thward Jul 2013 #63

You keep using the word "intent". blackspade Jul 2013 #66

The minute you break into property you know is not your own you have committed a crime. former9thward Jul 2013 #74

I don't think that is true. blackspade Jul 2013 #75

If it was reasonable you will not be charged -- or at least convicted. former9thward Jul 2013 #76

OK, so it was a friends house. blackspade Jul 2013 #78

Proof of a general intent is not sufficient. A specific intent is required. AnotherMcIntosh Jul 2013 #88

So this guy should not be charged Beearewhyain Jul 2013 #72

Courts rarely allow the "I was too drunk to know what I doing" defense. former9thward Jul 2013 #73

Regardless of what the courts may or may not do in the future Beearewhyain Jul 2013 #79

He was charged with trespassing and destruction of property, not burglary. AnotherMcIntosh Jul 2013 #89

Never said burglary Beearewhyain Jul 2013 #95

You did say, while apparently being confused over the intent issue, "So this guy should not be AnotherMcIntosh Jul 2013 #96

Ok then... Beearewhyain Jul 2013 #99

The bank should be. But you can't force the police to do anything that they don't want to do. AnotherMcIntosh Jul 2013 #101

Cool, cool, cool Beearewhyain Jul 2013 #102

Isn't that against the rules or something? AnotherMcIntosh Jul 2013 #114

If there was "no intent" the bank should have bent over backwards to fix things... cascadiance Jul 2013 #80

But they still have her property. Right? pa28 Jul 2013 #83

Clearly, Trespassing is a criminal and not a civil issue Sheepshank Jul 2013 #128

It depends on what was taken. former9thward Jul 2013 #131

Butbutbutbutbutbut.... corporations are people, my friend HillWilliam Jul 2013 #34

I hope she sues... tallahasseedem Jul 2013 #9

The bank hired a company to do the deed. oneshooter Jul 2013 #12

it's even broader cab67 Jul 2013 #38

Welcome to DU, cab 67! But how could she find out where her stuff is? n/t pnwmom Jul 2013 #43

Most of the time those items are just thrown in a dumpster. haele Jul 2013 #50

If the bank hired a company... pipi_k Jul 2013 #125

She should press charges for breaking and entering and grand larceny. This is THEFT, not a mistake. LaydeeBug Jul 2013 #14

She tried exboyfil Jul 2013 #15

That's *Crazy*. She should dial 911 and record it. There should be cameras there when the police LaydeeBug Jul 2013 #17

Police are there to protect the wealthy. nt awoke_in_2003 Jul 2013 #30

+1 Go Vols Jul 2013 #133

Ya think maybe the local police is more friendly with the bank? Omar4Dems Jul 2013 #31

Equal Protection and all that. Daylight is the best disinfectant. nt LaydeeBug Jul 2013 #32

Not anymore quakerboy Jul 2013 #65

This is why my generation started calling them "pigs" lark Jul 2013 #45

She said it was a mistake. The bank said it was a mistake. AnotherMcIntosh Jul 2013 #90

I'm coming to your house while you're gone, and after I pillage all of your possessions, I'm going LaydeeBug Jul 2013 #110

except I am not *really* coming to your house, just sayin'. nt LaydeeBug Jul 2013 #111

That would be a mistake. If you do come, however, feed the dog. AnotherMcIntosh Jul 2013 #116

Banks have liability insurance Jenoch Jul 2013 #16

yup, as well as the company hired to do the deed. nt littlewolf Jul 2013 #21

Wow -- that's nuts theHandpuppet Jul 2013 #18

Cops aren't interested ? dusty trails Jul 2013 #19

She definitely needs to sue everyone involved, including MsPithy Jul 2013 #20

not sure if she can sue the police. littlewolf Jul 2013 #22

The banks are literally worse than terrorists. avaistheone1 Jul 2013 #24

Some think that the police are too. AnotherMcIntosh Jul 2013 #97

Might I suggest she follow this example? Savannahmann Jul 2013 #25

Not only all the other stuff but an AWFUL business decision as well, the difference between hughee99 Jul 2013 #26

I read this last night. blackspade Jul 2013 #27

how is this not burglary? seriously arely staircase Jul 2013 #28

i suspect they get out of criminal liability based on lack of criminal intent. unblock Jul 2013 #36

Yes you're right zipplewrath Jul 2013 #42

Seriously, burglary requires a specific intent and none can be shown. She even said it was a mistake AnotherMcIntosh Jul 2013 #91

The Wholesale/Retail argument is an example of why the number of lawsuits go up. Dustlawyer Jul 2013 #35

Why haven't the local police arrested the bank officers? dbackjon Jul 2013 #37

It is an obvious mistake that is now a civil matter. Jenoch Jul 2013 #59

And the refusal to compensate? dbackjon Jul 2013 #60

Yeah, that bank is now in a shitstorm. Jenoch Jul 2013 #64

Right..... blackspade Jul 2013 #68

Nope, you cannot make that comparison. Jenoch Jul 2013 #71

And why not? blackspade Jul 2013 #77

It would be obvious to you that Jenoch Jul 2013 #84

That is a good point. blackspade Jul 2013 #103

I do agree Jenoch Jul 2013 #105

I can see that. blackspade Jul 2013 #118

I might suggest Jenoch Jul 2013 #119

Very possible. blackspade Jul 2013 #120

With the mounting anger at their callous injustices, it's no wonder they need to monitor us n/t Catherina Jul 2013 #39

x2 AnotherMcIntosh Jul 2013 #93

Theft is a crime Mr. Bank President and you and your accomplices should be arrested. TeamPooka Jul 2013 #40

I would sue anybody and everybody involved Aerows Jul 2013 #41

I would as well - including the police dept that closed the case. nt TBF Jul 2013 #52

Yep, them too n/t Aerows Jul 2013 #58

Settlement With a Non Disclosure Agreement BlueNAlabama Jul 2013 #44

There is a great book. House of Sand and Fog mainstreetonce Jul 2013 #46

I forgot all about that book... Phentex Jul 2013 #104

minimum settlement after treatment like that... 1st- pay remaining mortgages on house stlsaxman Jul 2013 #47

Good fucking lord, does the bank not understand what a goodamned jury would do to them? Poll_Blind Jul 2013 #48

This is what God made Punitive Damages for. closeupready Jul 2013 #49

When a CEO gets the "needle" for his crimes against America, then I would consider alfredo Jul 2013 #51

Unbelievable, shameful and sickening... mountain grammy Jul 2013 #53

Amazing.... xocet Jul 2013 #54

She'll have due process through our regulated banking system. Eleanors38 Jul 2013 #55

why is this not FELONY theft? pansypoo53219 Jul 2013 #56

Just wait... This ASSHOLE will laugh it off and do another house next to the one he was supposed to cascadiance Jul 2013 #81

Usually banks have contractors do this sort of thing. lpbk2713 Jul 2013 #69

The rich are out of control liberal N proud Jul 2013 #82

Time to start eating banksters........ kestrel91316 Jul 2013 #85

Honestly... SnowSakura0813 Jul 2013 #92

Call the police. Fantastic Anarchist Jul 2013 #94

The police already closed the case. NutmegYankee Jul 2013 #108

Seems to be the law of the land. nt Fantastic Anarchist Jul 2013 #113

this bank should lose its entire profit for each and every day they make this woman wait dsc Jul 2013 #98

Can the new consumer agency do anything about this? Isn't there a law to protect the woman? kelliekat44 Jul 2013 #100

Exactly. This isn't the first time a bank has foreclosed on the wrong house. Gormy Cuss Jul 2013 #109

Why aren't they in Jail? They broke into a house and took some else's belongings. Sivafae Jul 2013 #106

Yes, sue. But press charges for breaking and entry, and theft on point Jul 2013 #112

I clicked expecting this to be Bank of America KentuckyWoman Jul 2013 #117

K&R woo me with science Jul 2013 #121

For just retribution, she should be allowed to raid the bank vault... Blue_Tires Jul 2013 #126

First National Bank in Wellstone is an unhealthy bank Small Accumulates Jul 2013 #129