bank error leading to jail time.

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  • Russianwolf
    Veteran Member
    • Jan 2004
    • 3152
    • Martinsburg, WV, USA.
    • One of them there Toy saws

    #1

    bank error leading to jail time.

    http://www.msnbc.msn.com/id/28654819/

    The bank better be careful, as this means that if they don't fix a glitch that hurts a customer promptly, they can be sued for theft just as easily.
    Mike
    Lakota's Dad

    If at first you don't succeed, deny you were trying in the first place.
  • Gary Lange
    Forum Newbie
    • Nov 2008
    • 83
    • Nixa, Missouri
    • Grizzly 1023SL

    #2
    She is so full of it. How many times does he do a roofing job for $177,000.00.

    Comment

    • Richard in Smithville
      Veteran Member
      • Oct 2006
      • 3014
      • On the TARDIS
      • BT 3100

      #3
      Originally posted by Russianwolf
      http://www.msnbc.msn.com/id/28654819/

      The bank better be careful, as this means that if they don't fix a glitch that hurts a customer promptly, they can be sued for theft just as easily.
      Bet you don't see the bank manager go to jail though. It would end up with a sorry and here's your money back. Forget about the fact they caused to customers to default on a few loans and the people now have no heat, water or hydro.
      From the "deep south" part of Canada

      Richard in Smithville

      http://richardspensandthings.blogspot.com/

      Comment

      • vaking
        Veteran Member
        • Apr 2005
        • 1428
        • Montclair, NJ, USA.
        • Ryobi BT3100-1

        #4
        Originally posted by Gary Lange
        She is so full of it. How many times does he do a roofing job for $177,000.00.
        She probably is full of it and quitting job because of a bank mistake is stupid. If bank has the right to take money out of their account after recognizing a mistake the bank also has the right to collect the money if account is closed. However, technically there is no crime in quitting the job and there is no crime in withdrawing money from your bank account. If this couple is now accused of theft - it is probably not because of this case.
        Alex V

        Comment

        • docrowan
          Senior Member
          • Mar 2007
          • 893
          • New Albany, MS
          • BT3100

          #5
          Hmmm, to me it's clear theft was intended, unless they routinely handled very large sums of money and normally kept a $200,000 balance in their account. Can it be proved it was theft? I'm sure the banking industry have made sure there are laws to cover this situation. It's not the same as if they found $177,000 in an unmarked bag lying by the side of the road. They did not deposit this amount of money, or know that this money was coming to them, so it must belong to the bank.
          - Chris.

          Comment

          • MilDoc

            #6
            Sure it can be proved it was theft. Just show they never had a deposit that large, ever. Never kept that amount sitting in a checking account. Then they knew it was a mistake, took the money, and ran.

            Cases like this have happened in the past. Guilty. In every case.

            Comment

            • DUD
              Veteran Member
              • Dec 2002
              • 3309
              • Jonesboro, Arkansas, USA.
              • Ryobi BT3000

              #7
              I wrote My Contractor a check in December, it was for $1445.50. His wife picked up the

              check and went to the bank and cashed it. The teller gave Her $14,450.00. The lady

              walked away and stopped, said this to Herself, that is not the correct amount. She

              then went to the Branch Managerand He went to the teller and looked at the check.

              The Teller was scared, but She gave the money back and everything is cool. I don't

              know why this happened as LOML is a VP thjere. Bill
              5 OUT OF 4 PEOPLE DON'T UNDERSTAND FRACTIONS.

              Comment

              • crokett
                The Full Monte
                • Jan 2003
                • 10627
                • Mebane, NC, USA.
                • Ryobi BT3000

                #8
                I'd say it was theft. The only bank error in my favor was for 30 bucks that we didn't notice. The bank did and sent us a letter saying they were withdrawing 30.00 to fix a mistake on a deposit I made.
                David

                The chief cause of failure in this life is giving up what you want most for what you want at the moment.

                Comment

                • Ed62
                  The Full Monte
                  • Oct 2006
                  • 6021
                  • NW Indiana
                  • BT3K

                  #9
                  I'd like to know how many squares were on that roof. I think it's obviously theft unless there's a lot left out of the story.

                  Ed
                  Do you know about kickback? Ray has a good writeup here... https://www.sawdustzone.org/articles...mare-explained

                  For a kickback demonstration video http://www.metacafe.com/watch/910584...demonstration/

                  Comment

                  • Richard in Smithville
                    Veteran Member
                    • Oct 2006
                    • 3014
                    • On the TARDIS
                    • BT 3100

                    #10
                    Now I'm not sticking up for the couple, they saw an opportunity and ran with it. The banks are not with out fault either. How many times do they play with our accounts, causing damage and never even giving an appology. A co-worker once had his motgage come out of his account three times in one day! He only found the mistake because he went to get money out on the same day and his account was at nil. In fact on the third mortgage withdrawal, the bank found there was not enough money in the account and slapped him with a charge which took weeks to get back! All he got was, " I guess there was a glitch". No, " Sorry sir. We'll take care of things right away".

                    OK, ranting done.
                    From the "deep south" part of Canada

                    Richard in Smithville

                    http://richardspensandthings.blogspot.com/

                    Comment

                    • LinuxRandal
                      Veteran Member
                      • Feb 2005
                      • 4890
                      • Independence, MO, USA.
                      • bt3100

                      #11
                      With a public defender, they will get lucky to get a plea deal. If they used part of that money to pay a lawyer, then there are other issues.

                      If they had a better lawyer, and did commercial roofing (not just normal size homes) then the large check may not be an issue.

                      But even getting out of that, they would have more to worry about, getting Caponed. (IRS for not reporting the extra as income)
                      She couldn't tell the difference between the escape pod, and the bathroom. We had to go back for her.........................Twice.

                      Comment

                      • RAFlorida
                        Veteran Member
                        • Apr 2008
                        • 1179
                        • Green Swamp in Central Florida. Gator property!
                        • Ryobi BT3000

                        #12
                        What stands up in a court, is their action.

                        IMHO, their action speaks loud and clear; take the money and run. That they did. So, the court will see that as, " hey, the bank made a mistake, and we are not going to report it." Should they be punished? Yes.

                        Comment

                        • Russianwolf
                          Veteran Member
                          • Jan 2004
                          • 3152
                          • Martinsburg, WV, USA.
                          • One of them there Toy saws

                          #13
                          Funny thing. I go in to work this morning and pull up the bank accounts to see if any payments came in. There is a check deposit from yesterday for $79k. I doesn't belong to us, as I'm the only one that makes check deposits, and I haven't done one in weeks.

                          Man, they know how to screw things up. I'll be at the bank tomorrow to make the real check deposit and get this money out of the account. :sigh:
                          Mike
                          Lakota's Dad

                          If at first you don't succeed, deny you were trying in the first place.

                          Comment

                          • LinuxRandal
                            Veteran Member
                            • Feb 2005
                            • 4890
                            • Independence, MO, USA.
                            • bt3100

                            #14
                            Dasvidanya comrade. Have fun in Florida, LOL.
                            She couldn't tell the difference between the escape pod, and the bathroom. We had to go back for her.........................Twice.

                            Comment

                            • sscherin
                              Senior Member
                              • Dec 2003
                              • 772
                              • Kennewick, WA, USA.

                              #15
                              I had a bank mistake go in my favor one time..

                              I wrote a $1,500 check to hold a lot for a new house.

                              Bank cashed it for $15.00

                              It didn't take the company more then a week to find the mistake and then I got a call from a nervous office manager looking for another $1485
                              William's Law--
                              There is no mechanical problem so difficult that it
                              cannot be solved by brute strength and ignorance.

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