T.E.S. Construction, Inc. v. Chicilo

OPINION

HUDSON, Judge.

Appellant challenges the district court’s conclusion that he violated Minn.Stat. § 514.02, subd. 1. Appellant argues that section 514.02 is inapplicable because (1) he has not been criminally convicted of theft of the proceeds of payments received for contributions to an improvement to real estate in connection with Minn.Stat. § 514.01 (2008); (2) the statute is designed to protect a landowner; and (3) he did not misappropriate any “payment” made for respondent subcontractor’s work. Appellant also argues that the district court did not apply the correct standard of proof.…