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Here is what I realize after 42 pages of rants:
1. The kid got a "windfall" in his account, but should not have spent the money (I agree with this.)
2. Once he spent the money, he should pay it back. (I agree with this.)
3. He got probation, which is basically a slap on the wrist. (I agree with this, also, but 10 years is a long time!)
4. The bank has no responsibility, other than disciplining the employee who made the mistake, and also has no liability. (I do NOT agree with this!) IMO, the employer (ANY employer) should be responsible and liable for the official acts of any employee during working hours!
The bank has the responsibility to the original owner of the $30K to make him whole. If the bank is unable to get the money back from the kid, the bank is out that money.
4. The bank has no responsibility, other than disciplining the employee who made the mistake, and also has no liability. (I do NOT agree with this!) IMO, the employer (ANY employer) should be responsible and liable for the official acts of any employee during working hours!
Since the bank has already given the money to the correct owner once the error was spotted, what other "damages" are there due to the clerk's mistake?
Nearly 20 years ago, ADP direct deposited my paycheck twice into a Bank of America account. $500.
Yes, I knew the double amount was weird.
Yes, I knew it came from Direct Deposit.
Yes, I knew it couldn't be right.
It didn't matter. At the time, I was taught by both my mother AND the bank that I am responsible for what goes in or comes out of my account. That's it's MY money, and that the moment something is deposited, it's mine.
Being 18 it never occurred to me that Direct Deposit could go in "wrong". It also never occurred to me that some clerk would not have caught it. I therefore assumed that maybe my employer just was paying me back pay; maybe it's overtime; maybe it's a bonus, etc. It was direct deposit, a computer can't make that kind of error. So I withdrew it all. All of it.
Fast forward a few months and the bank is sending me notices that $500 was "incorrectly deposited" into my account and I need to pay them. I called them and said, "you told me whatever goes into my account is mine and I'm responsible for it!" They said "well, we meant anything YOU deposit into your account is yours. Anything someone else deposits into your account remains their property until and unless they take it back." (Yes, I know this BS. The entire banking system would crash.)
I ended up paying it back but not until many years later, when I had attempted to open an account at another bank and was informed that I had a ChexSystems record from BofA for that $500.
That's when I learned not to trust banks, employers, or ADP. I question anything that seems out of whack and (sadly) confirm Direct Deposit behavior the day it hits, every single week.
Sorry but no. Per your own words, you knew the amount was weird and couldn't be right, but you didn't bother to inquire further. You could have asked the bank. You could have asked your employer. Instead you chose to take money that you couldn't account for, and assumed you wouldn't get caught. Presumably if someone came into your office and placed their lunch down on your desk for a minute while they picked up something they dropped, you would have eaten it? After all, it was on your desk, so it must have belonged to you, right?
And so sad that you have to question banks, employers, payroll companies, etc. What a hardship to apparently be so perfect that you never make a mistake and yet you keep having to check on others.
So if someone accidentally left something in your car then it's yours, since you are responsible for what comes in/out of your car?
You failed to contact your employer or ADP to find out the correct "owner" of this $500; you took it and spent it, and blame the bank when they ask for it back?
This is a bit of an odd situation, because in the USA banks can do whatever they want and never face any consequences, while a teen's life is now completely ruined, to the point where the teen might as well just move into a trailer park right now and start cooking meth, because of their mistake.
It's illegal. It would be the same as if someone visiting your neighbor parked his car in your driveway by mistake and left the keys in it. Do you get to keep the car? OK let's wait 5 minutes for the slower thinkers to catch up.... Answer = NO! You don't get to keep it. It's called "theft of mislaid property".
No, it's called finders keepers, losers weepers. It's the owner's dumbass fault for leaving the keys in the car with the door wide open for me to take it. I'm just capitalizing on stupidity.
No, it's called finders keepers, losers weepers. It's the owner's dumbass fault for leaving the keys in the car with the door wide open for me to take it. I'm just capitalizing on stupidity.
If you enter a car that is not yours and drive off, you're not 'capitalizing' on anything - you're just a shameless parasite trying to rationalize your thievery.
This is a bit of an odd situation, because in the USA banks can do whatever they want and never face any consequences, while a teen's life is now completely ruined, to the point where the teen might as well just move into a trailer park right now and start cooking meth, because of their mistake.
the young man knew the 30 grand did not belong to him, what he did was wrong and he should be punished for it.
Quote:
Originally Posted by Cynthetik
No, it's called finders keepers, losers weepers. It's the owner's dumbass fault for leaving the keys in the car with the door wide open for me to take it. I'm just capitalizing on stupidity.
the above isn't capitalizing on stupidity it's a crime of opportunity. still a crime.
people know right from wrong some as evidence in this thread seem to think if it is a crime against big business or a crime of opportunity it is ok. no wonder our jails are full.
This is a bit of an odd situation, because in the USA banks can do whatever they want and never face any consequences, while a teen's life is now completely ruined, to the point where the teen might as well just move into a trailer park right now and start cooking meth, because of their mistake.
I see the logic ... the bank forced the 18-yo into spending the money he knew wasn't his. The bank's mistake coaxed out this innate urge to take what's not his. Got it. It's Obama's fault too.
No, it's called finders keepers, losers weepers. It's the owner's dumbass fault for leaving the keys in the car with the door wide open for me to take it. I'm just capitalizing on stupidity.
There a quite a few people who think just like you do who are behind bars. Ignorance is not an excuse for breaking the law. Brush up on the law before you end up like this man.
No, it's called finders keepers, losers weepers. It's the owner's dumbass fault for leaving the keys in the car with the door wide open for me to take it. I'm just capitalizing on stupidity.
It's called Grand Theft Auto.
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