Criminal Intent. False statements by Employer such as “the check is in the mail”, shall be deemed as unacceptable, deceptive and fraudulent, with criminal intent, unless Employer provides Contractor with written evidence of Certificate of Mailing, Certified Mail, Priority Mail, or Express Mail, with tracking number and Delivery Confirmation, and number of the enclosed signed check. Failure to respond by cutoff time or due date to invoices or requests for payment, status, answers, documents or information, or submitting an unsigned or defective check, shall be evidence of Bad Faith and unfair business practices by Employer. Failure to respond by due date to a second request, notice or Demand for Payment shall be evidence of criminal intent by Employer and a deliberate attempt to hinder, delay, evade, divert or defraud Contractor of valuable time, effort, resources and services rendered for the unfair advantage, benefit and unjust enrichment of Employer, at the expense of Contractor. Contractor may use Certified Mail, Delivery Confirmation, email or efax receipt as evidence of delivery and receipt of documents and notices by Employer. Any illegal or unauthorized taking, custody, possession, use, misappropriation, delay or withholding of Contractor’s funds, shall be evidence of criminal intent.
Criminal Intent. Acquittal from criminal charges due to lack of evidence of intent does not necessarily exempt the accused from civil liabilities arising from the same act. – **Breaches of Contract:** Violation of a lease agreement provisions, such as unauthorized sub-leasing, may lead to civil but not necessarily criminal liability in the absence of clear intent to defraud.
