When a company screws up like this, THEY need to eat it

[WelshBloke]

It's not her responsibility to prove if the money was in error or a gift see JSJL for evidence).

I'd imagine that it was pretty obvious to her that the money wasn't hers. I suppose that she could be getting regular million dollar deposits into her bank account in which case I could see it but I'm going to stick with her absolutely knowing what was going on and what she should do.

 

[Pohemi]

I'd imagine that it was pretty obvious to her that the money wasn't hers.

Pretty obvious to anyone looking at the facts of what happened, and not trying to be some retarded devil's advocate for dumbass people doing plainly criminal behavior.

 

[GoPackGo]

I am using Monopoly Rules -

 

[ch33zw1z]

I am using Monopoly Rules - View attachment 43003

Go directly to jail

 

[feralkid]

I am using Monopoly Rules - View attachment 43003

Precedent sited!

Case closed.

 

[skyking]

I agree completely she should have kept $200.

 

[skyking]

On the other hand any interest that that money may have earned while in her account should be hers.

 

[feralkid]

I agree completely she should have kept $200.

"Finder's Fee".

 

[blackangst1]

Bottom line, it is a felony to spend money erroneously deposited into your account. Happens quite a bit.

If the Bank Accidentally Deposits Money in Your Account, Don’t Spend It (lifehacker.com.au)

 

[pmv]

Yeah, she's just trying it on. Obviously many people are going to sympathise with her because it's far easier to imagine oneself in her position than to imagine 'being a bank' (what does that feel like?). Understandable reaction up to a point, but I think objectively she's in the wrong.

It would be easier to sympathise with her had the amount involved been much smaller. You could be forgiven not realising with a less implausible amount of money, and you could argue you'd already taken on obligations and spending commitments based on genuinely thinking it was yours. But $1m? That's hard not to notice.

Though, at the same time...

If a bank mistakenly deposits 1 Million into your account you must immediately provide that bank with a form for them to fill out to withdraw that clearly documents the various fees they will need to pay for the transaction.
Establish a reasonable closing costs plus whatever % is appropriate.

Return the after they pay a 100K in fees and fill out all appropriate documents.
It's the honest thing to do

This. If you make a mistake banks (and other large organsations) tend to find a hundred different fees they can charge for their paperwork in dealing with it.

I overpaid my water-rates for years (because the law changed and nobody mentioned it to me) and when I hopefully asked if they could repay the £2000 they'd wrongly got from me they explained they were 'unable to process refunds'.

 

[brianmanahan]

nomination for self-ownage thread of 2021

 

[Moonbeam]

Probably because she committed a crime when she took active steps to keep property that she knew did not belong to her.

What makes me sad is that she is such a paragon for Black Lives Matter, like Wiener for the Democrats. The fate of all who have no inner self respect and know nothing of the joyful self satisfaction that comes of living in good conscience. Another example of the profound neediness created by self contempt and the feelings of exceptionalism we fantasize to mask it. "I deserve that money because I lost my true self through being put down and made to feel worthless as a child. Poor Black people, on top of all the usual feelings of inadequacy dumped on every child, there is the addition of being called rationally inferior.

The life of the self hater is the life of constant resentment, the selfishness of those who feel they have been robbed and live in ignorance of the fact that only via love can we ever recover the cornucopia from which love springs. Fortunate is he or she who understands the 23 Psalm.

 

[hal2kilo]

Yeah, she's just trying it on. Obviously many people are going to sympathise with her because it's far easier to imagine oneself in her position than to imagine 'being a bank' (what does that feel like?). Understandable reaction up to a point, but I think objectively she's in the wrong.

It would be easier to sympathise with her had the amount involved been much smaller. You could be forgiven not realising with a less implausible amount of money, and you could argue you'd already taken on obligations and spending commitments based on genuinely thinking it was yours. But $1m? That's hard not to notice.

Though, at the same time...



This. If you make a mistake banks (and other large organsations) tend to find a hundred different fees they can charge for their paperwork in dealing with it.

I overpaid my water-rates for years (because the law changed and nobody mentioned it to me) and when I hopefully asked if they could repay the £2000 they'd wrongly got from me they explained they were 'unable to process refunds'.

Same mentality that wants to keep taxes low for the rich, because they may win the lottery someday.

 

[nickqt]

It wasn't her money, so she didn't have a right to spend it. But charging her with "theft" and "bank fraud" is pretty fucking ridiculous. Did the "perpetrator" do anything other than use her bank account in what would have otherwise been a legal way?

What if she was the mistress of some public official and that public official dropped $1,000,000 into her bank account the same day to support her? Had the bank just "undone" the transfer, which funds were which? That stuff really does matter. But hey, it's the bank, so they can just add and subtract money from your account and you can just fucking deal with it, chump.

If she had $2,000,000 in the account previously, received $1,000,000 erroneously, and spent $2,000,001 on something, would this be considered "theft" and "bank fraud"? Or just an oopsie overdraft?

There should be civil fines, liens, etc., in order to get the money back from someone who misappropriated funds, but not criminal charges. Let me ask, what legal consequences does the bank have for misappropriating funds? Let me guess, none?

Funny how that works.

Had she owned an LLC and it had been the LLC's bank account, we wouldn't even be reading about this. You got to love how individuals are held ultra-accountable for their actions, while individuals hiding behind facades of a "business" get away with criminal negligence and crime because of the façade of money they paint over themselves.

Just a reminder that the Panama Papers journalist, Daphne Caruana Galizia, died in a car bomb, and that Jeffrey Epstein most definitely did not kill himself.

Want to avoid prison? Just be fucking rich.

 

[sportage]

I'd say keep it and blow it all on a trip to Fuji. No one can take Fuji away from you.

 

[Linux23]

It wasn't her money, so she didn't have a right to spend it. But charging her with "theft" and "bank fraud" is pretty fucking ridiculous. Did the "perpetrator" do anything other than use her bank account in what would have otherwise been a legal way?

What if she was the mistress of some public official and that public official dropped $1,000,000 into her bank account the same day to support her? Had the bank just "undone" the transfer, which funds were which? That stuff really does matter. But hey, it's the bank, so they can just add and subtract money from your account and you can just fucking deal with it, chump.

If she had $2,000,000 in the account previously, received $1,000,000 erroneously, and spent $2,000,001 on something, would this be considered "theft" and "bank fraud"? Or just an oopsie overdraft?

There should be civil fines, liens, etc., in order to get the money back from someone who misappropriated funds, but not criminal charges. Let me ask, what legal consequences does the bank have for misappropriating funds? Let me guess, none?

Funny how that works.

Had she owned an LLC and it had been the LLC's bank account, we wouldn't even be reading about this. You got to love how individuals are held ultra-accountable for their actions, while individuals hiding behind facades of a "business" get away with criminal negligence and crime because of the façade of money they paint over themselves.

Just a reminder that the Panama Papers journalist, Daphne Caruana Galizia, died in a car bomb, and that Jeffrey Epstein most definitely did not kill himself.

Want to avoid prison? Just be fucking rich.

Thank you nick. These people just don't have the capacity to understand anything but 1's and 0's.

 

[s0me0nesmind1]

It wasn't her money, so she didn't have a right to spend it. But charging her with "theft" and "bank fraud" is pretty fucking ridiculous. Did the "perpetrator" do anything other than use her bank account in what would have otherwise been a legal way?

What if she was the mistress of some public official and that public official dropped $1,000,000 into her bank account the same day to support her? Had the bank just "undone" the transfer, which funds were which? That stuff really does matter. But hey, it's the bank, so they can just add and subtract money from your account and you can just fucking deal with it, chump.

If she had $2,000,000 in the account previously, received $1,000,000 erroneously, and spent $2,000,001 on something, would this be considered "theft" and "bank fraud"? Or just an oopsie overdraft?

There should be civil fines, liens, etc., in order to get the money back from someone who misappropriated funds, but not criminal charges. Let me ask, what legal consequences does the bank have for misappropriating funds? Let me guess, none?

Funny how that works.

Had she owned an LLC and it had been the LLC's bank account, we wouldn't even be reading about this. You got to love how individuals are held ultra-accountable for their actions, while individuals hiding behind facades of a "business" get away with criminal negligence and crime because of the façade of money they paint over themselves.

Just a reminder that the Panama Papers journalist, Daphne Caruana Galizia, died in a car bomb, and that Jeffrey Epstein most definitely did not kill himself.

Want to avoid prison? Just be fucking rich.

You're a complete idiot as usual.

Like WelshBloke said - if someone drops their car keys, is it a free car now? If someone drops their wallet, is it now free to take?

The fact that it appeared in your bank account is no different than it appearing on the ground in front of you. Taking it doesn't make it yours. That is theft 101.

The fact that it was IMMEDIATELY transferred out of the bank account to another one is literally all the proof you need to sew the narrative that
1) She knew it wasn't hers
2) She immediately transferred it out in anticipation for them correcting the issue
3) Immediately spent a big chunk of it.

lol you guys have really gone off the deep-end with your idiotic justifications for shit. It's really getting sad and has shown how piss-poor the education system here REALLY is.


But hey - take it from a lawyer if it makes you feel better you stupid dolt

 

[Pohemi]

Did the "perpetrator" do anything other than use her bank account in what would have otherwise been a legal way?

I don't believe your hypotheticals apply here.

She obviously didn't have $2m in her account already.
She would/should have known that a deposit of that size/amount was a mistake, and she attempted to move the funds so they couldn't be drawn back out.
I'd say that's a pretty strong sign of intent. She knew what she was doing in my opinion, and she would have gotten away with it too if it weren't for those meddling bankers.
I don't know if I'd throw the book at her if the funds can be recovered, but she definitely had the intention of keeping those funds when she knew they didn't rightfully belong to her. Bold, maybe...but stupid nonetheless.

 

[cytg111]

You're a complete idiot as usual.

Like WelshBloke said - if someone drops their car keys, is it a free car now? If someone drops their wallet, is it now free to take?

The fact that it appeared in your bank account is no different than it appearing on the ground in front of you. Taking it doesn't make it yours. That is theft 101.

The fact that it was IMMEDIATELY transferred out of the bank account to another one is literally all the proof you need to sew the narrative that
1) She knew it wasn't hers
2) She immediately transferred it out in anticipation for them correcting the issue
3) Immediately spent a big chunk of it.

lol you guys have really gone off the deep-end with your idiotic justifications for shit. It's really getting sad and has shown how piss-poor the education system here REALLY is.


But hey - take it from a lawyer if it makes you feel better you stupid dolt

MUST you cry all the time? Its fucking annoying.

 

[cytg111]

It wasn't her money, so she didn't have a right to spend it. But charging her with "theft" and "bank fraud" is pretty fucking ridiculous. Did the "perpetrator" do anything other than use her bank account in what would have otherwise been a legal way?

What if she was the mistress of some public official and that public official dropped $1,000,000 into her bank account the same day to support her? Had the bank just "undone" the transfer, which funds were which? That stuff really does matter. But hey, it's the bank, so they can just add and subtract money from your account and you can just fucking deal with it, chump.

If she had $2,000,000 in the account previously, received $1,000,000 erroneously, and spent $2,000,001 on something, would this be considered "theft" and "bank fraud"? Or just an oopsie overdraft?

There should be civil fines, liens, etc., in order to get the money back from someone who misappropriated funds, but not criminal charges. Let me ask, what legal consequences does the bank have for misappropriating funds? Let me guess, none?

Funny how that works.

Had she owned an LLC and it had been the LLC's bank account, we wouldn't even be reading about this. You got to love how individuals are held ultra-accountable for their actions, while individuals hiding behind facades of a "business" get away with criminal negligence and crime because of the façade of money they paint over themselves.

Just a reminder that the Panama Papers journalist, Daphne Caruana Galizia, died in a car bomb, and that Jeffrey Epstein most definitely did not kill himself.

Want to avoid prison? Just be fucking rich.

IANAL but I imagine the prosecution will have to prove bad faith... I also imagine it wont be hard... But of course the individual has rights.

 

[WelshBloke]

It wasn't her money, so she didn't have a right to spend it. But charging her with "theft" and "bank fraud" is pretty fucking ridiculous. Did the "perpetrator" do anything other than use her bank account in what would have otherwise been a legal way?

If she had returned the funds when asked your points would stand but she removed the funds and refused to return them when asked, she spent a significant amount of it.
It was just a banking mistake up until the moment she took the funds and hid them to stop their return, at that point it becomes theft.

 

[nickqt]

You're a complete idiot as usual.

Like WelshBloke said - if someone drops their car keys, is it a free car now? If someone drops their wallet, is it now free to take?

The fact that it appeared in your bank account is no different than it appearing on the ground in front of you. Taking it doesn't make it yours. That is theft 101.

The fact that it was IMMEDIATELY transferred out of the bank account to another one is literally all the proof you need to sew the narrative that
1) She knew it wasn't hers
2) She immediately transferred it out in anticipation for them correcting the issue
3) Immediately spent a big chunk of it.

lol you guys have really gone off the deep-end with your idiotic justifications for shit. It's really getting sad and has shown how piss-poor the education system here REALLY is.


But hey - take it from a lawyer if it makes you feel better you stupid dolt

n0b0dy, you calling me an idiot is a badge of fucking honor, shitbag.

Thanks.

 

[Indus]

Bottom line, it is a felony to spend money erroneously deposited into your account. Happens quite a bit.

If the Bank Accidentally Deposits Money in Your Account, Don’t Spend It (lifehacker.com.au)

That's Australia not America doofus.

 

[nickqt]

If she had returned the funds when asked your points would stand but she removed the funds and refused to return them when asked, she spent a significant amount of it.
It was just a banking mistake up until the moment she took the funds and hid them to stop their return, at that point it becomes theft.

And there are civil penalties for misappropriating funds. She didn't "steal" from the bank, the bank just dumped the money into her account. She didn't commit fraud to get the money, the bank just dumped the money into her account. There are non-criminal ways to re-appropriate the money back to the bank. I'm guessing if I overpaid a bill and requested the money back and got the run-around, that billing company wouldn't be arrested and charged with theft and fraud.

And to reiterate, the very first thing I said was, "It wasn't her money, so she didn't have a right to spend it". No where am I arguing that she should get to keep the money.

I don't believe your hypotheticals apply here.

She obviously didn't have $2m in her account already.
She would/should have known that a deposit of that size/amount was a mistake, and she attempted to move the funds so they couldn't be drawn back out.
I'd say that's a pretty strong sign of intent. She knew what she was doing in my opinion, and she would have gotten away with it too if it weren't for those meddling bankers.
I don't know if I'd throw the book at her if the funds can be recovered, but she definitely had the intention of keeping those funds when she knew they didn't rightfully belong to her. Bold, maybe...but stupid nonetheless.

Very stupid, because it's just a headache when it comes time to give the money back.

But, the hypotheticals aren't about the person, they are hypotheticals. The whole point of me bringing them up is that had this happened in different circumstances, it wouldn't be an immediate "arrest that person and charge them with felonies!" that we see here. And that's simply because the person in this situation isn't rich. If she were, like I said, we wouldn't be reading about it.

IANAL but I imagine the prosecution will have to prove bad faith... I also imagine it wont be hard... But of course the individual has rights.

Yes, the person has rights, and so does the bank.

The person is absolutely liable for every dollar she misappropriated. But that the state is going to press criminal charges because the bank fucked up on their end of the contract is, in my opinion, ridiculous. You can bet that if she had misappropriated funds with the bank and the bank told her to fuck off, the bank wouldn't currently be facing criminal charges because the person fucked up on their end of the contract.

Let me say again: It wasn't her money, so she didn't have a right to spend it.

 

[pmv]

If she had returned the funds when asked your points would stand but she removed the funds and refused to return them when asked, she spent a significant amount of it.
It was just a banking mistake up until the moment she took the funds and hid them to stop their return, at that point it becomes theft.

I agree with that to a large extent - she clearly let avarice get the better of her and was just trying to get something out of this situation, so it's hardly surprising she's in legal trouble. I don't have a great deal of sympathy. But I still feel a bit conflicted because of how rarely it plays out that way when it's the other way round, i.e. when the 'little guy' makes an error and the bank or other big instutution ruthlessly takes advantage of it. That happens all the time, indeed financial institutions have at times made a formal policy out of doing such things on an industrial scale - as in the lead-up to the financial crisis or the mis-selling of PPI. It's rare for anyone to go to jail in those cases.