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To: mad_as_he$$

No unfortunately according to the law. There is no criminal intent; negligence does not rise to that level. It is a tort, remedied in a civil proceeding. There have been many threads on FR for the same “crime” that happens all the time.

IANL


29 posted on 08/28/2013 7:28:30 PM PDT by NonValueAdded ("When there is no penalty for failure, failures proliferate." George F. Will)
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To: NonValueAdded
No, it is criminal negligence resulting in theft and burglary. DA's just aren't willing to prosecute it because the easy path is to tell the victim to file a civil claim. I actually just had this discussion with my local DA and Assemblyman. Our DA is waiting for a pattern of abuse to emerge from one company and then he will go after them on RICO and the above. The Assemblyman is working on legislation to make it illegal- a low level felony. Unfortunately our Assembly is out of session for 18 months (in this case)
39 posted on 08/29/2013 6:18:28 AM PDT by mad_as_he$$
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