Klinker v. First Merchants Bank, N.A.

SULLIVAN, Justice.

The trial court granted summary judgment to the plaintiff and awarded it treble damages and attorney’s fees under the Indiana Crime Victims’ Compensation Act, finding that the undisputed facts established that the defendant had committed criminal fraud. We reverse the judgment on the fraud claims because there are genuine issues of material fact as to whether the defendant acted with the requisite criminal intent.

Background

The defendant, Harold J. Klinker, managed and operated Trucks Unlimited, Inc. (“Trucks”), a used-car dealership in Decatur, Indiana. The plaintiff, First…