Criminal Fraud?

[LoungeLizard]

I am not sure if this constitutes a criminal fraud offense or not so I'd like to get some points of view.

If someone withdraws money from an account that they don't have access to, is it criminal fraud? Never mind the security lapses at the bank teller that allowed a business name that did not match the account number or a person's signature that was not authorized for that account number.

Is withdrawing money from an account you are not authorized to a criminal offense?

My bank is working on getting the funds back in my account, I'm just trying to determine if it is something I should report to the sheriff for prosecution.

Thoughts?

[JohnT]

I don't know for sure, but I imagine it comes down to intent. Did the person knowingly withdraw money from the wrong account? If yes, then it's bound to be a criminal offense. I would definitely report it to the appropriate authorities though.

[Murph]

Yes.

[iCe]

I would think that it would be.

[Wes]

If the intent is to gain access to money that does not rightfully belong to the person making the withdrawal, I don't think they call it "fraud". It's called theft. If it was unintentional (bank error, for example) I don't think it's a criminal act. The money should be returned, though.

[andyz]

In most counties I have had discussions about, once your bank makes you whole, the DA won't do any thing for you. If the bank makes a repayment agreement with the thief, they won't do any thing for them either. But yes, it is theft of one category or another.

[haraki74]

I don't think it's fraud....see the definition below. More like theft......


The Black's Law, American College, and Random House dictionaries along with the court citations below* define FRAUD as:
A perversion of the truth to induce a person to part with something valuable belonging to them using false or misleading representations.

Elements of fraud which make it actionable are:


a false representation of a past or present fact by the defendant
a plaintiff action based upon reliance of that representation
and damages suffered by a plaintiff from the reliance of the misrepresentation

[CobyPhoto]

Unfortunately, the cops probably won't pursue it. I had someone use my card number for over 6,800.00 worth of fradulent charges, with the perp on video at the stores! Once the money is placed back into your account...it is NO LONGER is your problem to report to the police. It is the Banks. They will probably just claim it on insurance and be done with it. Too much trouble to file a report and try to bring the idiot that did it to justice.

Just the way our system works. Insurance is much easier than catching and preventing the perp from doing it again.

CJ

[jon_k]

Originally Posted by CobyPhoto

Once the money is placed back into your account...it is NO LONGER is your problem to report to the police. It is the Banks. They will probably just claim it on insurance and be done with it. Too much trouble to file a report and try to bring the idiot that did it to justice.

If it's so easy to steal and get away with it, I'm surprised more people don't take this route to making a living.

The crooks view it as "why not?" if there's no consequence for them.

[CobyPhoto]

Originally Posted by jon_k

If it's so easy to steal and get away with it, I'm surprised more people don't take this route to making a living.

The crooks view it as "why not?" if there's no consequence for them.

Why don't you tell that to the cops? I pursued it for three months. Cops told me it wasn't my responsiblity since the Bank refunded my money.

I don't make the call...just tellin you what is. Have a good friend that something very similar happened to. Bank refunded money, claimed it on insurance and nothing happened to perp. Even thou they had VIDEO of him at three different stores in the mall.

So I guess it is a case of "why not."

CJ

[andyz]

Originally Posted by CobyPhoto

Just the way our system works. Insurance is much easier than catching and preventing the perp from doing it again.

CJ

There isn't insurance for that. IT comes out of the profits, the dividends, the money that would have gone to employees and it comes from the fees you and I pay. The reality is that banks make more than they lose. But losses can be big.

[CobyPhoto]

Originally Posted by andyz

There isn't insurance for that. IT comes out of the profits, the dividends, the money that would have gone to employees and it comes from the fees you and I pay. The reality is that banks make more than they lose. But losses can be big.

Won't argue that Andyz, they officer told me the bank claimed it on "insurance." Bottom line, they bank didn't think it was worth their time to pursue the perp so nothing happened.

CJ

[andyz]

It is a shame, but I know it happens -- a lot more than you might think.

[LoungeLizard]

Thanks everyone. The bank has stated the funds will be in my account Monday or Tuesday. I will be going to the sheriff anyway - let them turn me away.

I will also press the bank to press charges - they know EXACTLY who it is (even have their drivers license number!) If they don't I will take my business elsewhere and start writing leters about how a particular bank lets criminals steal from their customers with no consequences.

[directmk]

Originally Posted by jon_k

If it's so easy to steal and get away with it, I'm surprised more people don't take this route to making a living.

The crooks view it as "why not?" if there's no consequence for them.

got a card we can use, i will buy you which ever lens you'd like