Posted on 09/08/2019 10:02:04 AM PDT by NohSpinZone
“I tried to change safe deposit boxes last year and it took 2 hours. “
How often do you change boxes?
“There is no rest of the story. “
Really?
How much was on the withdrawal slip?
Did she get a receipt for the returned money?
“Agreed. A good lawyer can easily prove it was not theft, and settle a repayment over 10 years at 0% interest.”
Unlike you, a good lawyer would know the law!
Apparently they spent half on strippers and booze.
The other half, they wasted.
A few years ago I went to my safe deposit box and there was a problem. It turns out a disgruntled customer our a fish in his box. After a few weeks there were complaints about a strange smell. It took a while to fix the problem.
Why do I think it was a disgruntled soon-to-be ex-husband who did that. LOL
“Actually they may get arrested for grand theft auto, but the prosecutor will have to prove that the person who got into the car intended to permanently deprive the owner of possession.”
You REALLY need to read the grand theft statutes before pretending to be a keyboard lawyer.
Your so called arguments won’t keep these people out of prison
They should have bought lottery tickets with it. If they won $250,000,000 would the bank would want it?
Your so called arguments won’t keep these people out of prison
That’s the best you got? Where on earth did I say my arguments were going to keep them out of prison? Where on earth did I even claim to be an attorney?
Please follow along
Screw the bank
Cause the bank always will screw you
Maybe Bank Of America one day will foreclose on your house, break in, throw out all of your stuff, cut the power, cap off the utilities, send your dog to the animal shelter to be euthanized. Well it was only a bank error, right?
Sure, why not?.
If the teller accidentally put *your* money in someone else’s account, what would your answer be?
“Treat others as you wish to be treated” is pretty near 100% of the law, IMO.
These things vary from state to state, but I just looked at three criminal defense attorney websites in the State of Texas and they all support what I said.
Unauthorized use, NOT theft, where no intent to permanently deprive. It is still a serious offense, chargeable as a felony.
The third example even says that prosecutors will usually just go with unauthorized use, to AVOID having to prove the intent to permanently deprive which is always a part of theft.
Peveto law firm from Plano:
The chief defenses for grand theft auto charges involve consent (you had permission to use the vehicle) and intent (you did not mean to keep the vehicle).
Peter Barret of Dallas
Texas Auto Theft Statutes
You’re probably familiar with the video game, Grand Theft Auto or GTA. In Texas, our statutes that address stealing vehicles are not specifically called “auto theft” or grand theft auto.” Instead, auto theft is covered under Title 7, Chapter 31 of the Texas Penal Code, Theft. Under Sec. 31.03(a) of the Texas Penal Code, a person commits “theft” when he or she “unlawfully appropriates property with the intent to deprive the owner of property.”
Jason Trumpler of Austin:
Auto theft in Texas is generally charged in a very generic way. In Texas, auto theft is typically governed under Penal Code Section 31.07. Auto theft in Texas is generally charged as Unauthorized Use of a Vehicle, which is a State Jail Felony, punishable by 6 months to 2 years in the State Jail, day for day, and a fine not to exceed $10,000. Prosecutors sometimes charge auto theft under the general theft statute. Most prosecutors only do this if the value of the automobile is greater than $30,000, thereby making the theft offense chargeable as a third-degree felony, punishable by 2 to 10 years in the Texas Department of Corrections of a fine not to exceed $10,000.
Proving the offense of unauthorized use of a vehicle is rather easy. A person commits an offense if he intentionally or knowingly operates another’s boat, airplane, or motor-propelled vehicle without the effective consent of the owner. Unlike the general theft statute, it does not require the intent to deprive the owner of the property. This makes the offense of joyriding a state jail felony. Simply taking a car without the owner’s consent is unauthorized use of a motor vehicle. This is why prosecutors usually charge auto theft as unauthorized use of a motor vehicle. This keeps the prosecutor from having to mess with the whole intent issue at trial.
This couple needs to declare their innocence and dedicate the rest of their lives to finding the real spenders.
-PJ
Stick shift as a theft deterrent device?
“These things vary from state to state”
That’s why one should look at the statutes. Florida theft is worded ‘temporarily or permenently’
“no intent to permanently deprive.”
Does not have to be permanent.
” In Texas, our statutes that address stealing vehicles are not specifically called “auto theft” or grand theft auto.”
I dont know of any state that has a grand theft auto statute.
Sounds like your teller was an embezzler.
“Mistakes” of a few dollars every day can add up to thousands over time.
My pet peeve is cashiers who ask “Do you want your receipt?”
Of course I do.
When a customer leaves behind a receipt for $21.95, the cashier can void it, put it back in the drawer, & pocket the $21.95 cash.
The drawer then totals up exactly.
Oh, yeah.
Taco Bell drive thru.
My total was $6.53
Gave the kid $20, $2 and .03.
Made him cry.
“...if that teller took in 50K that day but is showing 170K in credits...Snooze, you lose.”
The teller did not enter (type in) an amount different than the amount you deposited.
She entered the wrong *account number* resulting in your money being placed in someone else’s account.
If you’re a millionaire or major business you might not immediately notice one particular deposit failed to post to your account.
But when you do notice, I guarantee you won’t think it’s no big deal. You’ll want the bank to get your money back & put it where it belongs—in your account.
Then the bank will need to recover or replace the funds.
The thieves need to be jailed. Not their money.
You seem to be both morally AND intellectually challenged. Not a conservative. “Snooze you lose” is the kind of ignorant snark spouted by lefties.
they knew it was a mistake because they spent it so quickly.....they knew....
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