Part 8/12:

Challenges for the Prosecution

However, proving intent—that James deliberately lied to deceive lenders—can be difficult. She reportedly stated in emails that she would not use the Norfolk property as her primary residence, which is consistent with the indictment. Defenders might argue that plans changed, and such changes do not necessarily amount to criminal intent.

Evidence of Other Properties

While other properties, like the Brooklyn house, show discrepancies, the prosecution faces a legal obstacle: the propensity evidence rule, which restricts how much unrelated misconduct can be used to prove intent in a specific case. This means some details about other properties’ issues may not be admissible during trial, potentially limiting the case’s scope.